MD
Maryland Senate Bill SB789

Maryland 2022 Regular Session

Maryland Senate Bill SB789 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 436
21
3-– 1 –
4-Chapter 436
5-(Senate Bill 789)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0789*
89
9-Public Utilities – Underground Facilities – One–Call System
10+SENATE BILL 789
11+C5 2lr2275
12+ CF HB 994
13+By: Senator Feldman
14+Introduced and read first time: February 7, 2022
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 26, 2022
1019
11-FOR the purpose of requiring a person notifying the one–call system before performing an
12-excavation or demolition to select a specific start work date; altering the information
13-that must be provided to a one–call system; requiring the ticket generated by the
14-one–call system to include a response date and time that corresponds with the start
15-work date selected by the person; altering the time frame during which a ticket is
16-valid; altering the time frame within which an owner–member or its contract locator
17-must mark the location of the owner–member’s underground facility and submit a
18-certain report; and generally relating to underground facilities and the one–call
19-system.
20+CHAPTER ______
2021
21-BY repealing and reenacting, with amendments,
22- Article – Public Utilities
23-Section 12–124 and 12–126
24- Annotated Code of Maryland
25- (2020 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2623
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
24+Public Utilities – Underground Facilities – One–Call System 2
2925
30-Article – Public Utilities
26+FOR the purpose of requiring a person notifying the one–call system before performing an 3
27+excavation or demolition to select a specific start work date; altering the information 4
28+that must be provided to a one–call system; requiring the ticket generated by the 5
29+one–call system to include a response date and time that corresponds with the start 6
30+work date selected by the person; altering the time frame during which a ticket is 7
31+valid; altering the time frame within which an owner–member or its contract locator 8
32+must mark the location of the owner–member’s underground facility and submit a 9
33+certain report; and generally relating to underground facilities and the one–call 10
34+system. 11
3135
32-12–124.
36+BY repealing and reenacting, with amendments, 12
37+ Article – Public Utilities 13
38+Section 12–124 and 12–126 14
39+ Annotated Code of Maryland 15
40+ (2020 Replacement Volume and 2021 Supplement) 16
3341
34- (a) Before performing excavation or demolition in the State, a person:
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
43+That the Laws of Maryland read as follows: 18
3544
36- (1) shall initiate a ticket request by notifying the one–call system serving
37-the geographic area where the excavation or demolition is to be performed;
45+Article – Public Utilities 19
3846
39- (2) SHALL SELECT A START WORK DATE THAT COM MENCES:
47+12–124. 20
48+ 2 SENATE BILL 789
4049
41- (I) NOT SOONER THAN 2 3 BUSINESS DAYS AFTER THE TICKET
42-IS INITIATED; AND
4350
44- (II) NOT LATER THAN 12 BUSINESS DAYS AFTER THE TICKET IS
45-INITIATED; and
51+ (a) Before performing excavation or demolition in the State, a person: 1
4652
47- [(2)] (3) may add a temporary excavator to an existing ticket.
48- Ch. 436 2022 LAWS OF MARYLAND
53+ (1) shall initiate a ticket request by notifying the one–call system serving 2
54+the geographic area where the excavation or demolition is to be performed; 3
4955
50-– 2 –
51- (b) Notice provided to a one–call system under subsection (a) of this section shall
52-indicate:
56+ (2) SHALL SELECT A START WORK DATE THAT COMMENCES : 4
5357
54- (1) the location of the proposed excavation or demolition;
58+ (I) NOT SOONER THAN 2 3 BUSINESS DAYS AFTER THE TICKET 5
59+IS INITIATED; AND 6
5560
56- (2) whether the proposed excavation or demolition is within rights–of–way
57-owned or controlled by the Department of Transportation, an administration of the
58-Department of Transportation, or the Maryland Transportation Authority and, if so, the
59-entity and the permit number or authorization number obtained from that entity;
61+ (II) NOT LATER THAN 12 BUSINESS DAYS AFTER THE TICKET IS 7
62+INITIATED; and 8
6063
61- (3) the type AND EXTENT of work to be performed in connection with the
62-proposed excavation or demolition; and
64+ [(2)] (3) may add a temporary excavator to an existing ticket. 9
6365
64- (4) the correct name of and contact information for the temporary
65-excavator, if any, performing work under the ticket.
66+ (b) Notice provided to a one–call system under subsection (a) of this section shall 10
67+indicate: 11
6668
67- (c) (1) Except as provided in paragraph (2) of this subsection, on receiving
68-notice, the one–call system shall promptly transmit a copy of the ticket to all
69-owner–members in the geographic area indicated for that ticket.
69+ (1) the location of the proposed excavation or demolition; 12
7070
71- (2) Based on information collected under § 12–124(b)(2) of this subtitle, the
72-one–call system shall promptly transmit a copy of the ticket to the Department of
73-Transportation, an administration of the Department of Transportation, or the Maryland
74-Transportation Authority, as applicable.
71+ (2) whether the proposed excavation or demolition is within rights–of–way 13
72+owned or controlled by the Department of Transportation, an administration of the 14
73+Department of Transportation, or the Maryland Transportation Authority and, if so, the 15
74+entity and the permit number or authorization number obtained from that entity; 16
7575
76- (3) (I) THE TICKET SHALL INCL UDE A RESPONSE DATE AND TIME
77-FOR OWNER–MEMBERS OR THEIR CON TRACT LOCATORS THAT CORRESPONDS WITH
78-THE START WORK DATE SELECTED B Y THE PERSON WHO INI TIATED THE TICKET .
76+ (3) the type AND EXTENT of work to be performed in connection with the 17
77+proposed excavation or demolition; and 18
7978
80- (II) A ticket is valid for 12 business days after the [day] SELECTED
81-START WORK DATE on [which the] A ticket THAT is transmitted by the one–call system to
82-an owner–member OR THEIR CONTRACT LO CATOR.
79+ (4) the correct name of and contact information for the temporary 19
80+excavator, if any, performing work under the ticket. 20
8381
84-12–126.
82+ (c) (1) Except as provided in paragraph (2) of this subsection, on receiving 21
83+notice, the one–call system shall promptly transmit a copy of the ticket to all 22
84+owner–members in the geographic area indicated for that ticket. 23
8585
86- (a) An owner–member or its contract locator shall mark its underground facility
87-if a proposed excavation or demolition that is specified in the extent of work contained in
88-the ticket:
86+ (2) Based on information collected under § 12–124(b)(2) of this subtitle, the 24
87+one–call system shall promptly transmit a copy of the ticket to the Department of 25
88+Transportation, an administration of the Department of Transportation, or the Maryland 26
89+Transportation Authority, as applicable. 27
8990
90- (1) is within 5 feet of the horizontal plane of the underground facility; or
91+ (3) (I) THE TICKET SHALL INCL UDE A RESPONSE DATE AND TIME 28
92+FOR OWNER–MEMBERS OR THEIR CONT RACT LOCATORS THAT C ORRESPONDS WITH 29
93+THE START WORK DATE SELECTED B Y THE PERSON WHO INI TIATED THE TICKET . 30
94+ SENATE BILL 789 3
9195
92- (2) because of planned blasting, is so near to the underground facility that
93-the underground facility may be damaged or disturbed.
94- LAWRENCE J. HOGAN, JR., Governor Ch. 436
9596
96-– 3 –
97- (b) (1) An owner–member or its contract locator shall mark the location of its
98-underground facility as specified under subsection (a) of this section by marking on the
99-ground within 18 inches on a horizontal plane on either side of the underground facility.
97+ (II) A ticket is valid for 12 business days after the [day] SELECTED 1
98+START WORK DATE on [which the] A ticket THAT is transmitted by the one–call system to 2
99+an owner–member OR THEIR CONTRACT LO CATOR. 3
100100
101- (2) (i) When marking the location of an underground facility, an
102-owner–member or its contract locator shall use the color codes established by the American
103-Public Works Association for marking underground facilities in effect at the time of
104-marking.
101+12–126. 4
105102
106- (ii) If two or more owner–members share the same color code, each
107-owner–member or its contract locator shall include information with the marking that
108-indicates the owner–member of the marked underground facility.
103+ (a) An owner–member or its contract locator shall mark its underground facility 5
104+if a proposed excavation or demolition that is specified in the extent of work contained in 6
105+the ticket: 7
109106
110- (c) Except as provided in subsection (d) of this section, within 2 business days
111-after the day on which a ticket is transferred to an owner–member OR BEFORE THE
112-SELECTED START WORK DATE, the owner–member or its contract locator shall:
107+ (1) is within 5 feet of the horizontal plane of the underground facility; or 8
113108
114- (1) mark the location of the owner–member’s underground facility and
115-report to the underground facilities information exchange system that the underground
116-facility has been marked; or
109+ (2) because of planned blasting, is so near to the underground facility that 9
110+the underground facility may be damaged or disturbed. 10
117111
118- (2) report to the underground facilities information exchange system that
119-the owner–member has no underground facilities in the vicinity of the planned excavation
120-or demolition.
112+ (b) (1) An owner–member or its contract locator shall mark the location of its 11
113+underground facility as specified under subsection (a) of this section by marking on the 12
114+ground within 18 inches on a horizontal plane on either side of the underground facility. 13
121115
122- (d) (1) If an owner–member or its contract locator is unable to mark the
123-location of the owner–member’s underground facility within the time period prescribed in
124-subsection (c) of this section because of the scope of the proposed excavation or demolition,
125-the owner–member shall:
116+ (2) (i) When marking the location of an underground facility, an 14
117+owner–member or its contract locator shall use the color codes established by the American 15
118+Public Works Association for marking underground facilities in effect at the time of 16
119+marking. 17
126120
127- (i) promptly notify the underground facilities information exchange
128-system and the person that intends to perform the excavation or demolition; and
121+ (ii) If two or more owner–members share the same color code, each 18
122+owner–member or its contract locator shall include information with the marking that 19
123+indicates the owner–member of the marked underground facility. 20
129124
130- (ii) work with the person that intends to perform the excavation or
131-demolition to develop a documented agreement for marking the underground facility.
125+ (c) Except as provided in subsection (d) of this section, within 2 business days 21
126+after the day on which a ticket is transferred to an owner–member OR BEFORE THE 22
127+SELECTED START WORK DATE, the owner–member or its contract locator shall: 23
132128
133- (2) If the owner–member or its contract locator and person that intends to
134-perform the excavation or demolition cannot reach a mutually documented agreement for
135-marking under paragraph (1) of this subsection, the owner–member or its contract locator
136-shall mark that portion of the site where excavation or demolition will first occur, and the
137-owner–member or its contract locator shall mark the remainder of the site within a
138-reasonable time.
129+ (1) mark the location of the owner–member’s underground facility and 24
130+report to the underground facilities information exchange system that the underground 25
131+facility has been marked; or 26
139132
140- (3) If, due to circumstances beyond the control of an owner–member or its
141-contract locator and for reasons other than those specified in paragraph (1) of this
142-subsection, an owner–member or its contract locator is unable to mark the location of the Ch. 436 2022 LAWS OF MARYLAND
133+ (2) report to the underground facilities information exchange system that 27
134+the owner–member has no underground facilities in the vicinity of the planned excavation 28
135+or demolition. 29
143136
144-– 4 –
145-owner–member’s underground facility within the time period prescribed in subsection (c)
146-of this section, the owner–member or its contract locator shall report to the underground
147-facilities information exchange system that an extension is required.
137+ (d) (1) If an owner–member or its contract locator is unable to mark the 30
138+location of the owner–member’s underground facility within the time period prescribed in 31
139+subsection (c) of this section because of the scope of the proposed excavation or demolition, 32
140+the owner–member shall: 33
148141
149- (4) In connection with extensive or contiguous excavation or demolition
150-projects, the person performing the excavation or demolition and the owner–member or its
151-contract locator may establish a working agreement regarding the time periods for marking
152-the underground facility.
142+ (i) promptly notify the underground facilities information exchange 34
143+system and the person that intends to perform the excavation or demolition; and 35 4 SENATE BILL 789
153144
154- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
155-October June 1, 2022.
156145
157-Approved by the Governor, May 16, 2022.
146+
147+ (ii) work with the person that intends to perform the excavation or 1
148+demolition to develop a documented agreement for marking the underground facility. 2
149+
150+ (2) If the owner–member or its contract locator and person that intends to 3
151+perform the excavation or demolition cannot reach a mutually documented agreement for 4
152+marking under paragraph (1) of this subsection, the owner–member or its contract locator 5
153+shall mark that portion of the site where excavation or demolition will first occur, and the 6
154+owner–member or its contract locator shall mark the remainder of the site within a 7
155+reasonable time. 8
156+
157+ (3) If, due to circumstances beyond the control of an owner–member or its 9
158+contract locator and for reasons other than those specified in paragraph (1) of this 10
159+subsection, an owner–member or its contract locator is unable to mark the location of the 11
160+owner–member’s underground facility within the time period prescribed in subsection (c) 12
161+of this section, the owner–member or its contract locator shall report to the underground 13
162+facilities information exchange system that an extension is required. 14
163+
164+ (4) In connection with extensive or contiguous excavation or demolition 15
165+projects, the person performing the excavation or demolition and the owner–member or its 16
166+contract locator may establish a working agreement regarding the time periods for marking 17
167+the underground facility. 18
168+
169+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
170+October June 1, 2022. 20
171+
172+
173+
174+
175+Approved:
176+________________________________________________________________________________
177+ Governor.
178+________________________________________________________________________________
179+ President of the Senate.
180+________________________________________________________________________________
181+ Speaker of the House of Delegates.