Bill Text: DE HB386 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 26 Of The Delaware Code Related To Public Utilities.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-06-05 - Introduced and Assigned to Transportation/Land Use and Infrastructure Committee in House [HB386 Detail]

Download: Delaware-2013-HB386-Draft.html


SPONSOR:

Rep. Kowalko

 

Rep. Baumbach, Keeley, Potter

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO.

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATED TO PUBLIC UTILITIES.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):


Section 1.Amend §801, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 801. Purpose; citation; construction; Public Service Commission rules and regulations.

(a) For the purposes of providing for the protection of the public health and safety, certain procedures are necessary to assure that persons performing excavation or demolition operations know, prior to commencing such operations, of the presence or location of underground utilities in the excavation or demolition area. Certain precautions must be taken to avoid injuries and damage to life, limb and property, to avoid disruption and discontinuation of utility services to members of the public and to promote safe operations during excavation and demolition.

(b) This subchapter shall be known and may be cited as the "Underground Utility Damage Prevention and Safety Act." This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(c) The Public Service Commission ("Commission") shall promulgate underground excavation and demolition rules and regulations and provide enforcement authority to ensure the health and safety of the public during excavation or demolition work projects.A copy of the regulations adopted pursuant to this chapter and any amendments thereto shall be filed in the Office of the Secretary of State. The regulations shall be published by the Commission in convenient form and distributed to or made available to all persons designing, constructing, or operating underground facilities and to those persons engaged in any excavation or demolition activities.

(d) The Commission shall be authorized to enforce standard excavation and demolition practices by regulation and to impose civil penalties for excavation or demolition actions in validation of any such regulation that have caused damage or injury to underground utility facilities or the general public in proportion to the damage or injury caused and the frequency of violation.

(e) The regulations of the Commission shall have the force and effect of law and shall supersede all local ordinances and regulations enacted or adopted which are inconsistent therewith.

Section 2.Amend §809, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§809. Injunction; mandamus.

Whenever it appears that any person has engaged in, is engaging in or is about to engage in excavation or demolition in a manner contrary to safe practices, thereby posing a threat or potential threat, of injury or damage to life, limb or property, not necessarily limited to utility lines, or has otherwise violated, is about to violate or is violating any provision of this chapter, the Attorney General, the Commission or any operator or owner of said utility line may institute an action for the purpose of having such excavation or demolition stopped or prevented, either by Commission stop work order or mandatory or prohibitive injunction, mandamus or for other relief including interim equitable relief and punitive damages in a court of competent jurisdiction in the county in which the excavation or demolition has occurred, is occurring or is about to occur, or in which the defendant's or respondent's principal place of business is located. The procedure for all such proceedings shall be as provided in the Commission regulations or the rules of procedure in the court where said action is commenced or as established by the usual practice and procedure in said court. The Commission or court may join as parties any and all persons necessary to make its judgment or processes effective.


SYNOPSIS

This bill updates Title 26, Chapter 8 by adding the Public Service Commission as an authority to lawfully regulate and enforce potential public safety concerns related to underground excavations and demolitions and to establish and enforce underground damage penalties.

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