APPROVED CHAPTER
MARCH 25, 2024 572
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 967 - L.D. 2245
An Act to Clarify the Definition of "Underground Facility" and Reduce
Administrative Burdens Under the So-called Dig Safe Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3360-A, sub-§1, ¶E, as amended by PL 2019, c. 592, §1, is
further amended to read:
E. "Underground facility" means any item of personal property buried or placed below
ground for use in connection with the storage or conveyance of water, sewage,
electronic, telephonic or telegraphic communications, electric energy, oil, gas,
liquefied propane gas or other substances and including, but not limited to, pipes,
sewers, conduits, cables, valves, lines, wires, manholes, attachments, appurtenances
and those parts of poles below ground. Except for liquefied propane gas distribution
systems that have underground pipes, "underground facility" does not include liquefied
propane gas distribution systems that are not included within the scope of 49 Code of
Federal Regulations, Part 192. "Underground facility" does not include highway
drainage culverts or under drains.:
(1) Highway drainage culverts or under drains; or
(2) Liquefied propane gas distribution systems that have underground pipes
located on a residential lot if:
(a) The residential lot has no more than one structure connected by
underground pipes to a liquefied propane gas distribution system;
(b) The structure that is connected by underground pipes to a liquefied propane
gas distribution system contains no more than 2 dwelling units; and
(c) The liquefied propane gas tank is located 25 feet or less from that structure.
Sec. 2. 23 MRSA §3360-A, sub-§1, ¶F, as amended by PL 2001, c. 577, §3, is
further amended to read:
F. "Underground facility operator" means the owner or operator of any underground
facility, other than an underground oil storage facility as defined in Title 38, section
562‑A, subsection 21 or an airport aviation fuel hydrant piping system, used in
Page 1 - 131LR3095(03)
 furnishing electric, telephone, telegraph, gas, petroleum transportation, liquefied
propane gas or cable television service. "Underground facility operator" does not
include a municipality or a public utility with fewer than 5 full-time employees or fewer
than 300 customers or a person that owns underground facilities on its own property
for commercial or residential purposes.
Sec. 3. Public Utilities Commission; rules. The Public Utilities Commission
shall initiate rulemaking to amend its rule Chapter 895: Underground Facility Damage
Prevention Requirements to reduce the administrative burdens for underground facility
operators as defined in the Maine Revised Statutes, Title 23, section 3360-A, subsection 1,
paragraph F. Notwithstanding Title 23, section 3360-A, subsection 13, rules adopted
pursuant to this section are routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A.
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Statutes affected:
Bill Text LD 2245, SP 967: 23.3360
Bill Text ACTPUB , Chapter 572: 23.3360