CHAPTER 293*

EXCAVATION, DEMOLITION OR DISCHARGE OF EXPLOSIVES

*Cited. 12 CA 499.

Table of Contents

Sec. 16-345. *(See end of section for amended version and effective date.) Definitions.

Sec. 16-346. *(See end of section for amended version and effective date.) Compliance with chapter required prior to excavation or discharge of explosives.

Sec. 16-347. *(See end of section for amended version and effective date.) Public utilities to file with Public Utilities Regulatory Authority.

Sec. 16-348. *(See end of section for amended version and effective date.) Central clearinghouse. Apportionment of costs.

Sec. 16-349. *(See end of section for amended version and effective date.) Notice of proposed excavation, discharge of explosives or demolition.

Sec. 16-350. Permits to require compliance with chapter. Evidence re.

Sec. 16-351. *(See end of section for amended version and effective date.) Information and assistance re location of underground facilities.

Sec. 16-352. *(See end of section for amended version and effective date.) Emergency excavation, demolition or discharge of explosives.

Sec. 16-353. Relation of chapter to permits and other laws.

Sec. 16-354. *(See end of section for amended version and effective date.) Care to be exercised near underground facilities.

Sec. 16-355. *(See end of section for amended version and effective date.) Procedure when contact is made with or damage is suspected or done to underground facilities.

Sec. 16-356. *(See end of section for amended version and effective date.) Civil penalty. Application for hearing.

Sec. 16-357. Regulations.

Sec. 16-358. Underground gas facilities report. Requirements re.

Sec. 16-359. Compliance and enforcement report.


Sec. 16-345. *(See end of section for amended version and effective date.) Definitions. As used in this chapter:

(a) “Person” means an individual, partnership, corporation, limited liability company or association, including a person engaged as a contractor by a public agency but excluding a public agency.

(b) “Public agency” means the state or any political subdivision thereof, including any governmental agency.

(c) “Public utility” means the owner or operator of underground facilities for furnishing electric, gas, telephone, pipeline, sewage, water, community television antenna, steam or traffic signal service, including a municipal or other public owner or operator.

(d) “Central clearinghouse” means the group of public utilities formed pursuant to section 16-348 for the purposes of receiving and giving notice of excavation activity within the state.

(e) “Excavation” means an operation for the purposes of movement or removal of earth, rock or other materials in or on the ground, or otherwise disturbing the subsurface of the earth, by the use of powered or mechanized equipment, including but not limited to digging, blasting, auguring, back filling, test boring, drilling, pile driving, grading, plowing-in, hammering, pulling-in, trenching and tunneling; excluding the movement of earth by tools manipulated only by human or animal power and the tilling of soil for agricultural purposes.

(f) “Demolition” means the wrecking, razing, rending, moving or removing of any structure.

(g) “Damage” includes but is not limited to the substantial weakening of structural or lateral support of a utility line, penetration or destruction of any utility line protective coating, housing or other protective device or the severance, partial or complete, of any utility line.

(h) “Approximate location of underground facilities” means a strip of land not more than three feet wide or a strip of land extending not more than one and one-half feet on either side of the underground facilities.

(P.A. 77-350, S. 1; P.A. 95-79, S. 53, 189; P.A. 98-28, S. 103, 117; P.A. 99-31, S. 8; P.A. 14-134, S. 33.)

*Note: On and after October 1, 2015, this section, as amended by section 38 of public act 14-94, is to read as follows:

“Sec. 16-345. Definitions. As used in this chapter:

(1) “Person” means an individual, partnership, corporation, limited liability company or association, including a person engaged as a contractor by a public agency but excluding a public agency.

(2) “Public agency” means the state or any political subdivision thereof, including any governmental agency.

(3) “Public utility” means the owner or operator of underground facilities for furnishing electric, gas, telephone, telegraph, communications, pipeline, sewage, water, community television antenna, steam, traffic signal, fire signal or similar service, including a municipal or other public owner or operator. A public utility does not include the owner of facilities for utility service solely for such owner’s private residence.

(4) “Central clearinghouse” means the organization organized and operated by public utilities pursuant to section 16-348 for the purposes of receiving and giving notice of excavation, discharge of explosives and demolition activity within the state.

(5) “Excavation” means an operation for the purposes of movement or removal of earth, rock or other materials in or on the ground, or otherwise disturbing the subsurface of the earth, by the use of powered or mechanized equipment, including but not limited to digging, blasting, auguring, back filling, test boring, drilling, pile driving, grading, plowing-in, hammering, pulling-in, trenching, tunneling, dredging, reclamation processes and milling; excluding the tilling of soil for agricultural purposes. For the purposes of this subdivision, dredging does not include dredging associated with the production and harvesting of aquaculture crops.

(6) “Demolition” means the wrecking, razing, rending, moving or removing of any structure.

(7) “Damage” includes, but is not limited to, the substantial weakening of structural or lateral support of a utility facility such that the continued integrity of such utility facility is imperiled, penetration or destruction of any utility facility protective coating, housing or other protective device or the severance, partial or complete, of any utility facility.

(8) “Approximate location of an underground utility facility” means a strip of land not more than three feet wide centered on the actual location of an underground utility facility or a strip of land extending not more than one and one-half feet on either side of the actual location of an underground utility facility.”

(P.A. 77-350, S. 1; P.A. 95-79, S. 53, 189; P.A. 98-28, S. 103, 117; P.A. 99-31, S. 8; P.A. 14-94, S. 38; 14-134, S. 33.)

History: P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 98-28 amended Subsec. (c) by changing electric service to electric distribution service, effective July 1, 1998; P.A. 99-31 redefined “public utility” to delete distribution facilities; P.A. 14-94 redesignated existing Subdivs. (a) to (h) as Subdivs. (1) to (8), redefined “public utility” in redesignated Subdiv. (3), redefined “central clearinghouse” in redesignated Subdiv. (4), redefined “excavation” in redesignated Subdiv. (5), redefined “damage” in redesignated Subdiv. (7) and replaced definition of “approximate location of underground facilities” with definition of “approximate location of an underground utility facility” in redesignated Subdiv. (8), effective October 1, 2015; P.A. 14-134 amended Subdiv. (c) by deleting reference to telegraph service, effective June 6, 2014.

Cited. 12 CA 499.

Sec. 16-346. *(See end of section for amended version and effective date.) Compliance with chapter required prior to excavation or discharge of explosives. No person, public agency or public utility shall engage in excavation or discharge explosives at or near the location of a public utility underground facility or demolish a structure located at or near or containing a public utility facility without having first ascertained the location of all underground facilities of public utilities in the area of such excavation, discharge or demolition in the manner prescribed in this chapter and in such regulations as the authority shall adopt pursuant to section 16-357.

(P.A. 77-350, S. 2; P.A. 87-71, S. 2; P.A. 13-5, S. 23.)

*Note: On and after October 1, 2015, this section, as amended by section 39 of public act 14-94, is to read as follows:

“Sec. 16-346. Compliance with chapter required prior to excavation, discharge of explosives or demolition. No person, public agency or public utility shall engage in excavation, discharge of explosives or demolition without having first ascertained the location of all underground facilities of public utilities in the area of such excavation, discharge or demolition in the manner prescribed in this chapter and in such regulations as the Public Utilities Regulatory Authority shall adopt pursuant to section 16-357.”

(P.A. 77-350, S. 2; P.A. 87-71, S. 2; P.A. 13-5, S. 23; P.A. 14-94, S. 39.)

History: P.A. 87-71 made technical changes and added reference to Sec. 16-357; P.A. 13-5 replaced “department” with “authority”, effective May 8, 2013; P.A. 14-94 added reference to demolition, deleted provision limiting scope to areas at or near location of a public utility underground facility and made technical changes, effective October 1, 2015.

Sec. 16-347. *(See end of section for amended version and effective date.) Public utilities to file with Public Utilities Regulatory Authority. A public utility shall file with the Public Utilities Regulatory Authority the location of its underground facilities, except facilities for storm sewers, by reference to a standard grid system, to be established by the authority, and the title, address and telephone number of its representative designated to receive the notice required by section 16-349.

(P.A. 77-350, S. 3; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 164, 348; P.A. 81-146, S. 1; P.A. 11-80, S. 1.)

*Note: On and after October 1, 2015, this section, as amended by section 40 of public act 14-94, is to read as follows:

“Sec. 16-347. Public utilities to register with central clearinghouse. A public utility shall register with the central clearinghouse the geographic areas in which it owns or operates underground facilities, by reference to a standard mapping system, to be established by the central clearinghouse, and the title, address and telephone number of its representative designated to receive the notice required by section 16-349.”

(P.A. 77-350, S. 3; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 164, 348; P.A. 81-146, S. 1; P.A. 11-80, S. 1; P.A. 14-94, S. 40.)

History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 81-146 exempted storm sewers from filing requirements; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority”, effective July 1, 2011; P.A. 14-94 replaced provision re filing with Public Utilities Regulatory Authority with provision re registering with central clearinghouse, deleted exception re facilities for storm sewers and made technical changes, effective October 1, 2015.

Sec. 16-348. *(See end of section for amended version and effective date.) Central clearinghouse. Apportionment of costs. The public utilities of the state shall, under the direction of the Public Utilities Regulatory Authority, organize and operate a central clearinghouse within the state for receiving and giving the notices required by section 16-349. The authority shall apportion the cost of this service equitably among the public utilities for those underground facilities registered with the authority, as provided in section 16-347, except sanitary sewer or water facilities owned or operated by a city, town or borough.

(P.A. 77-350, S. 4; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 165, 348; P.A. 81-146, S. 2; P.A. 11-80, S. 1.)

*Note: On and after October 1, 2015, this section, as amended by section 41 of public act 14-94, is to read as follows:

“Sec. 16-348. Central clearinghouse. Apportionment of costs. The public utilities of the state shall, under the direction of the Public Utilities Regulatory Authority, organize and operate a central clearinghouse within the state for receiving and giving the notices required by section 16-349. The authority shall apportion the cost of this service equitably among the public utilities, except a city, town or borough that owns or operates only a sanitary sewer or water facilities.”

(P.A. 77-350, S. 4; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 165, 348; P.A. 81-146, S. 2; P.A. 11-80, S. 1; P.A. 14-94, S. 41.)

History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 81-146 exempted sanitary sewer and water facilities owned or operated by a city, town or borough from being apportioned and limited apportionment generally to those facilities registered with department under Sec. 16-347; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011; P.A. 14-94 deleted provision re underground facilities registered as provided in Sec. 16-347 and reworded provision re exception for sanitary sewer or water facilities owned or operated by a city, town or borough, effective October 1, 2015.

Sec. 16-349. *(See end of section for amended version and effective date.) Notice of proposed excavation, discharge of explosives or demolition. Except as provided in section 16-352, a person, public agency or public utility responsible for excavating or discharging explosives at or near the location of public utility facilities or demolishing a structure containing a public utility facility shall notify the central clearinghouse of such proposed excavation, discharge or demolition, orally or in writing, at least two full days, excluding Saturdays, Sundays and holidays, but not more than thirty days before commencing such excavation, demolition or discharge of explosives. Such notice shall include the name, address and telephone number of the entity giving notice, the name of the person, public agency or public utility performing the work and the date, location and type of excavation, demolition or discharge of explosives. The central clearinghouse shall immediately transmit such information to the public utilities whose facilities may be affected. In the event the proposed excavation, demolition or discharge of explosives has not commenced within thirty days of such notification, or the excavation, demolition or discharge of explosives will be expanded outside of the location originally specified in such notification, the person, public agency or public utility responsible for such excavation, demolition or discharge of explosives shall again notify the central clearinghouse at least two full days, excluding Saturdays, Sundays and holidays, but not more than thirty days before commencing or expanding such excavation, demolition or discharge of explosives.

(P.A. 77-350, S. 5; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 166, 348; P.A. 87-71, S. 3, 13.)

*Note: On and after October 1, 2015, this section, as amended by section 42 of public act 14-94, is to read as follows:

“Sec. 16-349. Notice of proposed excavation, discharge of explosives or demolition. Except as provided in section 16-352, a person, public agency or public utility responsible for excavating, discharging explosives or demolishing shall notify the central clearinghouse of such proposed excavation, discharge or demolition in the manner prescribed by regulations adopted pursuant to section 16-357. Such notice shall include the name, address and telephone number of the person, public agency or public utility performing the excavation, discharge of explosives or demolition and the date, location and type of excavation, demolition or discharge of explosives. The central clearinghouse shall immediately transmit such information to the public utilities whose facilities may be affected. In the event the proposed excavation, demolition or discharge of explosives has not been completed within the allotted time frame prescribed by regulation of such notification, or the excavation, demolition or discharge of explosives will be expanded outside of the location originally specified in such notification, the person, public agency or public utility responsible for such excavation, demolition or discharge of explosives shall again notify the central clearinghouse in the manner prescribed by regulations adopted pursuant to section 16-357.”

(P.A. 77-350, S. 5; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 166, 348; P.A. 87-71, S. 3, 13; P.A. 14-94, S. 42.)

History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 87-71 made technical changes, eliminated the option of providing notice of excavation or demolition to the department of public utility control, and required additional notice if the excavation or demolition has not commenced within 30 days of the original notice or will expand outside the location originally specified; P.A. 14-94 deleted provisions re excavating or discharging explosives at or near the location of public utility facilities and re demolishing a structure containing a public utility facility, replaced provisions re notice with references to regulations adopted pursuant to Sec. 16-357, replaced provision re commencement within 30 days with provision re completion within time frame prescribed by regulation, and made conforming changes, effective October 1, 2015.

See Sec. 16-356 re penalty for failure to give required notice.

Sec. 16-350. Permits to require compliance with chapter. Evidence re. Any permit issued by a public agency for excavation, demolition or discharge of explosives shall require compliance with this chapter. No such permit shall be issued by any public agency unless such public agency receives satisfactory evidence from the person, public agency or public utility seeking such permit that the requirements of this chapter have been met. Such evidence shall be obtained from the central clearinghouse and shall be in such form as the authority may prescribe by regulations pursuant to section 16-357.

(P.A. 77-350, S. 6; P.A. 87-71, S. 4; P.A. 13-5, S. 24.)

History: P.A. 87-71 required evidence of compliance with chapter 293 to be obtained from the central clearinghouse and furnished to the appropriate public agency prior to the issuance of any permit for excavation, demolition or discharge of explosives; P.A. 13-5 replaced “department” with “authority”, effective May 8, 2013.

Sec. 16-351. *(See end of section for amended version and effective date.) Information and assistance re location of underground facilities. A public utility receiving notice pursuant to section 16-349 shall inform the person, public agency or public utility proposing to excavate, discharge explosives or demolish a structure of the approximate location of its underground facilities in the area in such manner as will enable such person, public agency or public utility to establish the precise location of the underground facilities, and shall provide such other assistance in establishing the precise location of the underground facilities as the authority may require by regulation pursuant to section 16-357. Such person, public agency or public utility shall designate the area of the proposed excavation, demolition or discharge of explosives as the authority may prescribe by regulation. The public utility receiving notice shall mark the approximate location of its underground facilities in such manner and using such methods, including color coding, as the authority may prescribe by regulation. If the precise location of the underground facilities cannot be established, the person, public agency or public utility shall so notify the public utility whose facilities may be affected, which shall provide such further assistance as may be needed to determine the precise location of the underground facilities in advance of the proposed excavation, discharge of explosives or demolition.

(P.A. 77-350, S. 7; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 167, 348; P.A. 87-71, S. 5; 87-589, S. 61, 87; P.A. 13-5, S. 25.)

*Note: On and after October 1, 2015, this section, as amended by section 43 of public act 14-94, is to read as follows:

“Sec. 16-351. Information and assistance re location of underground facilities. A public utility receiving notice pursuant to section 16-349 shall inform the person, public agency or public utility proposing to excavate, discharge explosives or demolish of the approximate location of its underground facilities in the area in such manner as will enable such person, public agency or public utility to establish the actual location of the underground facilities, and shall provide such other assistance in establishing the actual location of the underground facilities as the authority may require by regulations adopted pursuant to section 16-357. Such person, public agency or public utility shall designate the area of the proposed excavation, demolition or discharge of explosives as the authority may prescribe by regulations adopted pursuant to section 16-357. The public utility receiving notice shall mark the approximate location of its underground facilities in such manner and using such methods, including color coding, as the authority may prescribe by regulations adopted pursuant to section 16-357. If the actual location of the underground facilities cannot be established, the person, public agency or public utility shall so notify the public utility whose facilities may be affected, which shall provide such further assistance as may be needed to determine the actual location of the underground facilities in advance of the proposed excavation, discharge of explosives or demolition.”

(P.A. 77-350, S. 7; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 167, 348; P.A. 87-71, S. 5; 87-589, S. 61, 87; P.A. 13-5, S. 25; P.A. 14-94, S. 43.)

History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 87-71 made technical changes and revised provisions concerning the marking of the location of underground utility facilities; P.A. 87-589 added “as the department may prescribe by regulation”; P.A. 13-5 replaced “department” with “authority”, effective May 8, 2013; P.A. 14-94 replaced “precise location” with “actual location” and made technical changes, effective October 1, 2015.

Sec. 16-352. *(See end of section for amended version and effective date.) Emergency excavation, demolition or discharge of explosives. (a) In case of emergency involving danger to life, health or property or which requires immediate correction to continue the operation of a major industrial plant, or to assure the continuity of public utility service, excavation or demolition without explosives may be made without the two day notice required by section 16-349 provided notice thereof by telephone is given as soon as reasonably possible.

(b) In case of an emergency involving an immediate and substantial danger of death or serious personal injury, explosives may be discharged if notice thereof is given at any time before discharge.

(P.A. 77-350, S. 8.)

*Note: On and after October 1, 2015, this section, as amended by section 44 of public act 14-94, is to read as follows:

“Sec. 16-352. Emergency excavation, demolition or discharge of explosives. (a) In case of emergency involving danger to life, health or property or which requires immediate correction to continue the operation of a major industrial plant, or to assure the continuity of public utility service, excavation or demolition without explosives may be made without notice required by section 16-349 provided notice thereof is given as soon as reasonably possible.

(b) In case of an emergency involving an immediate and substantial danger of death or serious personal injury, explosives may be discharged if notice thereof is given at any time before discharge.”

(P.A. 77-350, S. 8; P.A. 14-94, S. 44.)

History: P.A. 14-94 amended Subsec. (a) to delete provision re two-day notice and provision re notice provided by telephone, effective October 1, 2015.

See Sec. 16-356 re penalty for failure to give required notice.

Sec. 16-353. Relation of chapter to permits and other laws. Except as provided in section 16-350 this chapter shall not be construed to affect or impair local ordinances, charters or other provisions of law requiring permits to be obtained before excavating in a public highway or to demolish structures on private property, nor shall it be construed to grant to any person or public agency any rights not specifically provided by this chapter. A permit from a public agency shall not relieve any person from responsibility for complying with the provisions of this chapter. The failure of any person who has been granted a permit to comply with the provisions of this chapter shall not be deemed to impose any liability upon the public agency issuing the permit.

(P.A. 77-350, S. 9.)

Sec. 16-354. *(See end of section for amended version and effective date.) Care to be exercised near underground facilities. A person, public agency or public utility responsible for excavating, discharging explosives or demolition shall exercise reasonable care when working in proximity to the underground facilities of any public utility and shall comply with such safety standards and other requirements as the authority shall prescribe by regulation pursuant to section 16-357. If the facilities are likely to be exposed, such support shall be provided as may be reasonably necessary for protection of the facilities. If gas facilities are likely to be exposed, only hand digging shall be employed.

(P.A. 77-350, S. 10; P.A. 87-71, S. 6; P.A. 13-5, S. 26.)

*Note: On and after October 1, 2015, this section, as amended by section 45 of public act 14-94, is to read as follows:

“Sec. 16-354. Care to be exercised near underground facilities. A person, public agency or public utility responsible for excavating, discharging explosives or demolition shall exercise reasonable care when working in proximity to the underground facilities of any public utility and shall comply with such safety standards and other requirements as the authority shall prescribe by regulations adopted pursuant to section 16-357. If the facilities are likely to be exposed, such support shall be provided as may be reasonably necessary for protection of the facilities. If excavation is within the approximate location of facilities containing combustible or hazardous fluids or gases, only hand digging or soft digging shall be employed. As used in this section, “soft digging” means a nonmechanical and nondestructive process used to excavate and evacuate soils at a controlled rate, using high pressure water or air jet to break up the soil, often in conjunction with a high power vacuum unit to extract the soil without damaging the facilities.”

(P.A. 77-350, S. 10; P.A. 87-71, S. 6; P.A. 13-5, S. 26; P.A. 14-94, S. 45.)

History: P.A. 87-71 required persons, public agencies and public utilities to comply with department of public utility control safety standards and requirements for working near underground utility facilities; P.A. 13-5 replaced “department” with “authority”, effective May 8, 2013; P.A. 14-94 deleted provision re support to be provided for protection of exposed facilities, replaced provision re gas facilities likely to be exposed with provision re excavation within approximate location of facilities containing combustible or hazardous fluids or gases, added reference to and defined “soft digging”, and made a technical change, effective October 1, 2015.

Sec. 16-355. *(See end of section for amended version and effective date.) Procedure when contact is made with or damage is suspected or done to underground facilities. When any contact is made with or any damage is suspected or done to any underground facility of a public utility, the person, public agency or public utility responsible for the operations causing the contact, suspected damage or damage shall immediately notify the public utility whose facilities have been affected, which shall dispatch its own personnel as soon as reasonably possible to inspect the underground facility and, if necessary, effect temporary or permanent repairs. If a serious electrical short is occurring or if dangerous fluids or gas are escaping from a broken line, the person, public agency or public utility responsible for the operations causing the damage shall alert all persons within the danger area and take all feasible steps to insure the public safety pending the arrival of repair personnel. As used in this section, “contact” includes, without limitation, the striking, scraping or denting, however slight, of any underground utility facility, the structural or lateral support of an underground utility line and any underground utility line protective coating, housing or other protective device.

(P.A. 77-350, S. 11; P.A. 87-71, S. 7, 13.)

*Note: On and after October 1, 2015, this section, as amended by section 46 of public act 14-94, is to read as follows:

“Sec. 16-355. Procedure when contact is made with or damage is suspected or done to underground facilities. When any contact is made with or any damage is suspected or done to any underground facility of a public utility, the person, public agency or public utility responsible for the operations causing the contact, suspected damage or damage shall immediately notify the public utility whose facilities have been affected, which shall dispatch its own personnel as soon as reasonably possible to inspect the underground facility and, if necessary, effect temporary or permanent repairs. If a serious electrical short is occurring or if dangerous fluids or gas are escaping from a broken line, the person, public agency or public utility responsible for the operations causing the damage shall alert all persons within the danger area and take all feasible steps to insure the public safety pending the arrival of repair personnel. As used in this section, “contact” includes, without limitation, the striking, scraping or denting, however slight, of any underground utility facility, including any underground utility facility protective coating, housing or other protective device. “Contact” does not include damage, as defined in section 16-345.”

(P.A. 77-350, S. 11; P.A. 87-71, S. 7, 13; P.A. 14-94, S. 46.)

History: P.A. 87-71 required immediate notice to public utilities of any contact with or suspected damage to their underground facilities, required such public utilities to inspect such facilities as soon as possible, and defined the term “contact”; P.A. 14-94 redefined “contact” by deleting inclusion of structural or lateral support of an underground utility line, replacing “utility line” with “utility facility” and adding damage exclusion, effective October 1, 2015.

Sec. 16-356. *(See end of section for amended version and effective date.) Civil penalty. Application for hearing. Any person, public agency or public utility which the Public Utilities Regulatory Authority determines, after notice and opportunity for a hearing as provided in section 16-41, to have failed to comply with any provision of this chapter or any regulation adopted under section 16-357 shall forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involving the failure of a public utility to mark the approximate location of underground facilities correctly or within the timeframes prescribed by regulation, which violation did not result in any property damage or personal injury and was not the result of an act of gross negligence on the part of the public utility, shall not result in a civil penalty of more than one thousand dollars. Notwithstanding the provisions contained in subsection (d) of section 16-41, the person, public agency or public utility receiving a notice of violation pursuant to subsection (c) of section 16-41 shall have thirty days from the date of receipt of the notice in which to deliver to the authority a written application for a hearing.

(P.A. 81-146, S. 3; P.A. 87-71, S. 8; P.A. 90-221, S. 9, 15; P.A. 04-43, S. 1; P.A. 11-80, S. 1.)

*Note: On and after October 1, 2015, this section, as amended by section 47 of public act 14-94, is to read as follows:

“Sec. 16-356. Civil penalty. Application for hearing. Any person, public agency or public utility which the Public Utilities Regulatory Authority determines, after notice and opportunity for a hearing as provided in section 16-41, to have failed to comply with any provision of this chapter or any regulation adopted under section 16-357 shall forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involving the failure of a public utility to mark any approximate location of an underground utility facility correctly or within the time frames prescribed by regulation, which violation did not result in any property damage or personal injury and was not the result of an act of gross negligence on the part of the public utility, shall not result in a civil penalty of more than one thousand dollars. Notwithstanding the provisions contained in subsection (d) of section 16-41, the person, public agency or public utility receiving a notice of violation pursuant to subsection (c) of section 16-41 shall have thirty days from the date of receipt of the notice in which to deliver to the authority a written application for a hearing.”

(P.A. 81-146, S. 3; P.A. 87-71, S. 8; P.A. 90-221, S. 9, 15; P.A. 04-43, S. 1; P.A. 11-80, S. 1; P.A. 14-94, S. 47.)

History: P.A. 87-71 added references to Sec. 16-41 and provided for a thirty-day period to request a hearing after receiving notice of violation; P.A. 90-221 made technical change in section; P.A. 04-43 changed maximum penalty from $10,000 to $40,000 and specified a maximum penalty of $1,000 for failure to mark the approximate location in cases where no property damage, personal injury or gross negligence occurred; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority”, effective July 1, 2011; P.A. 14-94 replaced “underground facilities” with “underground utility facility” and made technical changes, effective October 1, 2015.

Sec. 16-357. Regulations. The Public Utilities Regulatory Authority shall adopt regulations, in accordance with the provisions of chapter 54, to the extent necessary to ensure compliance with this chapter. Such regulations shall be designed to protect the public safety and shall prescribe (1) the duties and responsibilities of persons, public agencies and public utilities with respect to excavating, discharging explosives or demolition in proximity to any public utility underground facility, and (2) a schedule establishing the amounts which may be assessed as civil penalties for violations of this chapter, as provided in section 16-356, based upon the nature and severity of the violation and the number of past violations, but not to exceed the maximum penalty contained in said section. The authority shall revise the regulations adopted pursuant to this section regarding a graduated schedule of civil penalties assessed pursuant to section 16-356 and the criteria by which the authority determines the amount of such civil penalties.

(P.A. 87-71, S. 9, 13; P.A. 04-43, S. 2; P.A. 11-80, S. 1.)

History: P.A. 04-43 added provision requiring department to revise regulations re civil penalties; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011.

Sec. 16-358. Underground gas facilities report. Requirements re. (a) Every gas company, as defined in section 16-1, owning or operating any underground facilities for furnishing gas shall, every two years, beginning on or before April 1, 1997, furnish a report to the Public Utilities Regulatory Authority concerning the condition of such underground gas facilities for each of the previous two calendar years. The report shall be made available to the public and shall be furnished to the chief executive officer of each municipality in which such underground gas facilities are located, the regional council of governments which encompasses each such municipality, the Attorney General, the president pro tempore of the Senate, the speaker of the House of Representatives, the joint standing committee of the General Assembly having cognizance of matters relating to public utilities, any other member of the General Assembly making a request to the authority for the report and such other state and municipal bodies as the authority may designate by regulation. The report shall include: (1) Information concerning the age and condition of such underground gas facilities; (2) data on all major repairs to such underground gas facilities undertaken during the reporting period; (3) plans for replacing aged, deteriorated and obsolete piping; (4) plans for the construction of new underground gas facilities; and (5) such other information as the authority may require by regulation.

(b) The Public Utilities Regulatory Authority shall review and may conduct a public hearing on each report required by subsection (a) of this section. The authority may require a gas company to submit additional information to explain or substantiate items contained in the report or to address specific matters not contained in the report and may issue such remedial orders as the authority deems necessary to eliminate hazards to public safety and prevent interruptions in gas service to consumers.

(P.A. 87-71, S. 10, 11, 13; P.A. 96-46, S. 4; June Sp. Sess. P.A. 98-1, S. 9, 121; P.A. 11-80, S. 1; P.A. 13-247, S. 312.)

History: P.A. 96-46 amended Subsec. (a) to require gas companies to furnish reports every two years rather than annually and amended Subsec. (b) to make provision re the department conducting a public hearing discretionary rather than mandatory; June Sp. Sess. P.A. 98-1 made a technical change to Subsec. (a), effective June 24, 1998; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011; pursuant to P.A. 13-247, “regional planning agency” was changed editorially by the Revisors to “regional council of governments” in Subsec. (a), effective January 1, 2015.

Sec. 16-359. Compliance and enforcement report. Every two years, beginning October 1, 1997, the Public Utilities Regulatory Authority may submit a report concerning compliance with and enforcement of the provisions contained in this chapter to the joint standing committee of the General Assembly having cognizance of matters relating to public utilities. Such reports shall be based upon data assembled for the most recent twenty-four-month period and shall include, without limitation, the number of notifications made to the central clearinghouse, a detailed listing of accident, damage and injury reports and a detailed listing of enforcement actions brought and civil penalties imposed by the authority. Such report shall also contain the findings and recommendations of the authority with respect to the improvement of compliance with and enforcement of the provisions contained in this chapter and an evaluation of the overall condition of the state’s underground gas facilities, including the potential for harm to the public and disruption of service resulting from aged, deteriorated and obsolete underground facilities.

(P.A. 87-71, S. 12, 13; P.A. 96-46, S. 5; June Sp. Sess. P.A. 98-1, S. 10, 121; P.A. 11-80, S. 1.)

History: P.A. 96-46 changed reporting requirement from annually to every two years, made submittal of report discretionary rather than mandatory, and deleted provisions re contents of initial report; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011.