Md. Code, Public Utilities, Title 12

Md. Code, Public Utilities, Title 12
in effect

Md. Code, Public Utilities § 12-101

(a) In this subtitle the following words have the meanings indicated. (b) “Authority” means the Maryland Underground Facilities Damage Prevention Authority. (c) “Business day” means a calendar day other than a Saturday, Sunday, or legal holiday. (d) “Clear evidence” means a visible indication that an underground facility or structure is not marked as required in § 12–126 of this subtitle. (e) “Contract locator” means a person contracted by an owner specifically to determine the approximate horizontal location of the owner’s underground facilities as specified in the ticket issued by the one–call system. (f) “Cross–bore” means an intersection of an existing underground facility by a second underground facility resulting in contact between the two facilities that results in the original facility being damaged, dislocated, or disturbed. (g) “Damage” means any excavation activity that results in the need to repair an underground facility due to a weakening or the partial or complete destruction of the facility, including the protective coating, lateral support, cathodic protection, or housing for the underground facility. (h) “Demolition” means an operation in which a structure or mass of material is wrecked, razed, rended, moved, or removed using any tool, equipment, or explosive. (i) “Designer” means a licensed architect, professional engineer, professional land surveyor, or licensed landscape architect, as those terms are defined in the Business Occupations and Professions Article, who prepares a drawing for a project that may require excavation or demolition. (j) “Detectable underground facility” means an underground facility that utilizes a location device that is installed underground, such as an electronic marker or a traceable wire that may be detected above ground with an electronic locating device. (k) “Emergency” means a sudden or unexpected occurrence involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or injury to, life, health, property, or an essential public service. (l) (1) “Excavation” means an operation in which earth, rock, or other material in or on the ground is moved, removed, or otherwise displaced by using any tool, equipment, or explosive. (2) “Excavation” includes grading, trenching, digging, ditching, dredging, drilling, boring, augering, tunnelling, scraping, cable or pipe plowing, pipe bursting, and driving a mass of material. (m) “Excavator” means a person that performs an excavation or a demolition. (n) “Extent of work” means a clear and concise description of work to be done at a property, including the property address or specific distance and direction from a specified point, not to exceed 1,320 feet, that completely depicts the scope of work and that the excavator can complete within the designated life of the ticket. (o) “Fund” means the Maryland Underground Facilities Damage Prevention Education and Outreach Fund. (p) “Legal holiday” means: (1) the day on which a legal holiday, as defined in § 1–111 of the General Provisions Article, is observed; or (2) a federal legal holiday. (q) “Locatable underground facility” means an underground facility that can be identified or discovered by methods including installation records, facility markers or risers, locator tape, manual location techniques, surface extensions of underground facilities, or any visible indicators that a facility or structure is buried underground in the immediate vicinity. (r) “Mark” means a line, an arrow, a curve, a whisker, a flag, a stake, or any other symbol, placed or made to identify an underground facility. (s) “One–call system” means a communications system in the State that: (1) allows a person to notify owner–members of planned excavation or demolition by: (i) calling a toll–free number or abbreviated dialing code; or (ii) initiating an interactive Internet ticket request; and (2) maintains an underground facilities information exchange system. (t) (1) “Owner” means a person that: (i) owns or operates an underground facility; and (ii) has the right to bury an underground facility. (2) “Owner” includes: (i) a public utility; (ii) a telecommunications corporation; (iii) a cable television corporation; (iv) a political subdivision; (v) a municipal corporation; (vi) a steam heating company; (vii) an authority; and (viii) a unit of the State. (u) “Owner–member” means an owner that participates as a member in a one–call system. (v) (1) “Person” has the meaning stated in § 1–101 of this article. (2) “Person” includes: (i) a municipal corporation; (ii) the State; (iii) a political subdivision of the State; and (iv) any governmental unit, department, or agency. (w) “Primary contractor” means the person that: (1) initiates the notification to the one–call system to establish a ticket; (2) performs excavation duties for the duration of the ticket; and (3) is on site to supervise all activities, employees, and any temporary excavator added to the valid ticket as required in § 12–130(b) of this subtitle. (x) “Temporary excavator” means a person that the primary contractor may identify and add as a subcontracting excavator to an existing ticket under § 12–130(c) of this subtitle. (y) “Ticket” means a numbered document issued by a one–call system to notify owner–members that: (1) a person intends to perform an excavation or demolition; or (2) a designer has requested information on the location of underground facilities under § 12–131 of this subtitle. (z) (1) “Trenchless technology” means a family of methods, materials, and equipment capable of being used for the installation of new or replacement, or rehabilitation of existing, underground infrastructure that requires excavation with minimal disruption to surface traffic business and other activities. (2) “Trenchless technology” includes: (i) tunnelling; (ii) microtunnelling; (iii) horizontal directional drilling or directional boring; (iv) pipe ramming; (v) pipe jacking; (vi) moling; (vii) horizontal auger boring; and (viii) any other method for the installation of pipelines and cables below ground with minimal excavation. (aa) “Underground facilities information exchange system” means an automated voice response unit or interactive Internet access system that is maintained as part of a one–call system. (bb) (1) “Underground facility” means an item that is buried, placed below ground, or submerged for use in connection with the: (i) storage or conveyance of water, sewage, oil, gas, or other substances; or (ii) transmission or conveyance of telecommunications, cable television, or electricity. (2) “Underground facility” includes pipes, sewers, combination storm/sanitary sewer systems, geothermal systems, conduits, cables, valves, lines, wires, manholes, and attachments. (3) “Underground facility” does not include a storm drain.

Md. Code, Public Utilities § 12-102

It is the intent of the General Assembly to protect underground facilities of owners from destruction, damage, or dislocation to prevent: (1) death or injury to individuals; (2) property damage to private and public property; and (3) the loss of services provided to the general public.

Md. Code, Public Utilities § 12-103

This subtitle does not apply to an excavation not more than 6 inches in depth or demolition performed or to be performed by an owner or lessee of a private residence when the excavation or demolition is performed or to be performed: (1) entirely on the land on which the private residence of the owner or lessee is located; and (2) without the use of machinery.

Md. Code, Public Utilities § 12-104

(a) This section applies to: (1) complete replacement of an existing underground facility; (2) underground storm drain systems and applicable devices; and (3) an existing previously detectable underground facility or locatable underground facility. (b) Except as otherwise provided in § 12–129 of this subtitle, on or after October 1, 2021, all newly installed underground facilities shall be detectable or locatable. (c) Not later than October 1, 2021, any previously detectable underground facility or underground facility locatable during planned or emergency work must be restored to be detectable or locatable.

Md. Code, Public Utilities § 12-106

(a) There is a Maryland Underground Facilities Damage Prevention Authority. (b) It is the intent of the General Assembly that the Authority not be funded by appropriations from the State budget.

Md. Code, Public Utilities § 12-107

(a) The Authority consists of nine members appointed by the Governor. (b) The nine members shall be appointed as follows: (1) one member from a list submitted to the Governor by the Associated Utility Contractors of Maryland; (2) one member from a list submitted to the Governor by the Public Works Contractors Association of Maryland; (3) two underground facility owners that are members of a one–call system from a list submitted to the Governor by the Maryland members of the Maryland/DC Subscribers Committee; (4) one member from a list submitted to the Governor by the one–call systems operating in the State; (5) one member who represents the State’s underground facility contract locator community from a list submitted to the Governor by the Maryland members of the Maryland/DC Damage Prevention Committee; (6) one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Association of Counties; (7) one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Municipal League; and (8) one member of the general public from a list submitted to the Governor by the other appointed and qualified members of the Authority. (c) (1) To the extent practicable, members appointed to the Authority shall reasonably reflect the geographic, racial, and gender diversity of the State. (2) A member shall reside in the State more than 6 months each year. (3) For the stakeholder members appointed under subsection (b)(1) through (7) of this section: (i) the member’s primary business, employment, or membership determines the entity that the member is appointed to represent; and (ii) an organization, a facility owner, or any other entity may not hold more than one seat on the Authority. (d) (1) The term of a member is 2 years. (2) The terms of members are staggered as required by the terms provided for members of the Authority on October 1, 2010. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) A member may not be appointed for more than two consecutive full terms. (6) To the extent practicable, the Governor shall fill any vacancy in the membership of the Authority within 60 days after the vacancy. (e) On the recommendation of the Authority, the Governor may remove a member for incompetence or misconduct. (f) (1) Any organization, facility owner, or entity possessing a seat on the Authority whose term is due to expire or be vacated shall: (i) designate a replacement for its representative; and (ii) if reasonable, initiate the nomination process with the Governor’s appointments office at least 60 days before the known expiration, removal, or resignation of its representative. (2) If the organization, facility owner, or entity fails to comply with the replacement process under paragraph (1) of this subsection, the Authority shall: (i) conduct a search for a replacement nominee from the organization, facility owner, or entity having the vacancy on the Authority; and (ii) follow the nomination process provided by the Governor’s appointments office. (3) If the organization, facility owner, or entity having the vacancy subsequently fails to provide a nominee within the required time for a second time, the Authority may: (i) remove the organization, facility owner, or entity representation from the Authority; and (ii) replace the organization, facility owner, or entity having a vacancy on the Authority with a comparable organization, facility owner, or entity. (4) In the case of a sudden or unexpected vacancy, the organization, facility owner, or entity shall provide a nomination to the Governor’s appointments office within 60 days after the vacancy occurs.

Md. Code, Public Utilities § 12-108

(a) From among its members, each year the Authority shall select a chair. (b) Subject to subsection (c) of this section, the manner of selection of the chair and the chair’s term of office shall be as the Authority determines. (c) A member may not serve more than 2 consecutive years as chair of the Authority.

Md. Code, Public Utilities § 12-109

(a) Five members of the Authority are a quorum. (b) The Authority shall meet at least once every 3 months at the times and places it determines. (c) A member of the Authority: (1) may not receive compensation as a member of the Authority; and (2) is not entitled to reimbursement for expenses.

Md. Code, Public Utilities § 12-110

(a) The Authority may: (1) adopt bylaws for the conduct of its business; (2) adopt a seal; (3) maintain an office at a place it designates; (4) maintain facilities for the purpose of holding hearings under this subtitle; (5) employ a staff; (6) accept a grant, a loan, or any other assistance in any form from any public or private source, subject to the provisions of this subtitle; (7) enter into contracts and execute the instruments necessary or convenient to carry out this subtitle to accomplish its purposes; and (8) do all things necessary or convenient to carry out the powers expressly granted by this subtitle. (b) The Authority shall adopt a code of conduct for its members.

Md. Code, Public Utilities § 12-111

(a) The Authority may obtain funding for its operational expenses from: (1) a federal or State grant; (2) filing fees and administrative fees for complaints heard by the Authority as authorized under § 12–112(c)(1) of this subtitle, including: (i) mailing costs; (ii) fees for delivery or service of process; (iii) reproduction costs; and (iv) staff costs associated with the complaint; (3) an additional assessment or charge per ticket as authorized under subsection (b) of this section; and (4) any other source. (b) The Authority may collect an assessment or a charge not exceeding 5 cents per ticket from an owner–member if the assessment or charge: (1) is not imposed on a county or a municipal corporation; and (2) is approved by a two–thirds vote of all members of the Authority. (c) Except as provided in subsections (a)(2) and (b) of this section, the Authority may not impose a charge or assessment against any person, directly or indirectly, to obtain funding for its operational expenses.

Md. Code, Public Utilities § 12-112

(a) To enforce this subtitle, the Authority: (1) shall accept and review complaints for violations of this subtitle; and (2) may recommend necessary enforcement actions. (b) (1) The Authority shall: (i) hear complaints for violations of this subtitle: 1. at the request of a probable violator; or 2. after notifying a probable violator that the Authority has scheduled a hearing on its own motion; and (ii) after a hearing, assess a civil penalty under § 12–135 of this subtitle. (2) The Authority may reach a settlement instead of assessing a civil penalty. (3) If a probable violator fails to appear at a scheduled hearing, the Authority may vote to proceed to hear the complaint against the probable violator in the absence of the probable violator. (c) (1) The Authority may: (i) establish reasonable complaint filing fees and administrative fees for complaints heard by the Authority; and (ii) use the services of a third party to collect civil penalties. (2) If the Authority determines that an individual cannot afford to pay a fee established under paragraph (1)(i) of this subsection, the Authority may exempt the individual wholly or partly from the fee. (d) The Authority may not assess a civil penalty against a person unless the person: (1) receives reasonable prior notice of the complaint; and (2) has an opportunity to be heard under § 12–113 of this subtitle.

Md. Code, Public Utilities § 12-113

(a) In a hearing before the Authority for an alleged violation of this subtitle: (1) all testimony shall be given under oath administered by the chair or another member of the Authority; and (2) the proceedings shall be recorded. (b) The Authority may compel the attendance of a witness by subpoena. (c) (1) The Authority shall issue its decision in writing, stating the reason for its decision. (2) A copy of the decision shall be delivered or mailed to all parties to the complaint proceedings. (d) (1) A person aggrieved by a decision of the Authority may, within 30 days after receiving the decision, request judicial review of the decision by the circuit court. (2) In accordance with the judicial review and appeals process under the Administrative Procedure Act, the circuit court shall hear and determine all matters connected with the decision of the Authority for which judicial review is requested. (3) (i) Except as provided in subparagraph (ii) of this paragraph, the costs of the judicial review, including the costs of preparing a record and transcript, shall be paid by the party filing the request for judicial review. (ii) If the party filing the request for judicial review prevails, the circuit court may require that the costs of the judicial review, including the costs of preparing a record and transcript, be paid by the Authority. (4) If the request for judicial review is dismissed, the circuit court shall award attorney’s fees to the Authority unless the Authority waives the award of attorney’s fees. (e) (1) The record of a hearing conducted under this section, including any record of testimony or evidence offered at the hearing, is not admissible in any administrative or civil proceeding involving the same subject matter or the same parties. (2) Paragraph (1) of this subsection does not apply to judicial review of the Authority’s decision.

Md. Code, Public Utilities § 12-114

Beginning January 1, 2012, the Authority shall report each year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Authority and any recommendations of the Authority.

Md. Code, Public Utilities § 12-117

(a) There is a Maryland Underground Facilities Damage Prevention Education and Outreach Fund. (b) The purpose of the Fund is to cover the costs of: (1) public education and outreach programs; and (2) the development of safety procedures to prevent damage to underground facilities. (c) The Authority shall hold and administer the Fund. (d) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (e) The Fund consists of: (1) civil penalties paid into the Fund under § 12–135 of this subtitle; (2) investment earnings of the Fund; and (3) any other money from any other source accepted for the benefit of the Fund. (f) (1) The Fund may be used only for: (i) public education and outreach programs for the prevention of damage to underground facilities; (ii) the development of safety procedures for excavation and demolition projects conducted in the area of underground facilities; and (iii) with the consent of the Authority members, covering an unexpected shortfall in the operational account of the Authority. (2) The Authority may make grants to local governments or private entities consistent with the purposes of the Fund.

Md. Code, Public Utilities § 12-120

(a) Except as provided in subsections (b) and (c) of this section, a person that obtains the information required under this subtitle is not excused from: (1) performing an excavation or demolition in a careful and prudent manner; and (2) liability for financial damages or injury that results from the excavation or demolition. (b) If an underground facility is damaged by a person that fails to comply with this subtitle, the person is deemed negligent and is liable to the owner for the total cost of repair of the underground facility, unless the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle. (c) If an underground facility is damaged by a person that is in compliance with this subtitle and the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle: (1) the person is not liable to the owner for the cost of repair of the underground facility; and (2) the owner is liable for any repairs or restoration of property damaged by the excavation or demolition. (d) Subsection (c) of this section may not be construed to interfere with the right of: (1) a third party to recover financial damages arising out of the excavation or demolition from the person or from the owner; or (2) the person to seek contribution from an owner for financial damages sought by a third party under paragraph (1) of this subsection.

Md. Code, Public Utilities § 12-121

(a) (1) This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under § 12–124 of this subtitle, including any work associated with stopping or mitigating the emergency. (2) Subject to § 12–120(b) of this subtitle, if all reasonable precautions have been taken to protect underground facilities, § 12–120(a) of this subtitle and §§ 12–122 through 12–135 of this subtitle do not apply to an emergency excavation or demolition being performed to prevent danger to life, health, or property. (b) A primary contractor or a person performing an emergency excavation or demolition to prevent or mitigate loss of or injury to life, health, property, or an essential public service shall: (1) identify the location and extent of work, as stated in § 12–124(b)(1) of this subtitle, in a clear and concise manner; (2) take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and (3) immediately notify the one–call system serving the geographic area where the emergency excavation or demolition is performed to inform the appropriate owner–members of the excavation or demolition area. (c) (1) The owner–member or its contract locator shall: (i) respond to an emergency notice as soon as possible but not later than 2 hours from the transmission of the ticket from the one–call system; and (ii) except for circumstances beyond an owner–member’s or contract locator’s control and for municipal corporations, considering the hours of operation and availability of employees: 1. begin the locating process to mark their respective underground facility or facilities within 3 hours after the transmission of the ticket; or 2. if the facility owner has no underground facilities within the delineated excavation area, clear the ticket within 3 hours after the transmission of the ticket. (2) The person responsible for the excavation shall be on site or in communication with the owner–member, their contract locator, or their representative within 3 hours after the transmission of the ticket by the one–call system, or a mutually agreed response time. (3) The owner–member or its contract locator shall respond to the underground facilities information exchange system as soon as: (i) the extent of work is marked; or (ii) it is determined that no underground facilities are in the delineated area. (d) A person that abuses the emergency excavation and demolition procedure set forth in this section is subject to penalties under § 12–135 of this subtitle.

Md. Code, Public Utilities § 12-122

(a) Except as provided in subsection (b) of this section, a person that operates a one–call system in the State shall register with and obtain certification to operate from the Commission. (b) A person operating a one–call system on or before July 1, 1990, is automatically registered with and certified by the Commission to continue to operate. (c) (1) The operator of a one–call system shall install and make available an underground facilities information exchange system in its one–call system in the State. (2) The underground facilities information exchange system shall be available to any caller at all times. (d) The Commission may grant, amend, or revoke the certification of a person operating a one–call system.

Md. Code, Public Utilities § 12-123

(a) (1) An owner shall be a member of a one–call system. (2) Except as provided in paragraph (3) of this subsection, an owner becomes a member of a one–call system by registering with the one–call system. (3) The Department of Transportation, its administrations, and the Maryland Transportation Authority shall become members of the one–call system through a separate agreement and using the information collected under § 12–124(b)(2) of this subtitle. (b) (1) An owner–member of a one–call system shall submit to the one–call system, in writing, the telephone number of the person to which calls concerning proposed excavations or demolitions shall be directed. (2) An owner–member shall ensure that all contact information provided to the one–call system remains current.

Md. Code, Public Utilities § 12-124

(a) Before performing excavation or demolition in the State, a person: (1) shall initiate a ticket request by notifying the one–call system serving the geographic area where the excavation or demolition is to be performed; (2) shall select a start work date that commences: (i) not sooner than 3 business days after the ticket is initiated; and (ii) not later than 12 business days after the ticket is initiated; and (3) may add a temporary excavator to an existing ticket. (b) Notice provided to a one–call system under subsection (a) of this section shall indicate: (1) the location of the proposed excavation or demolition; (2) whether the proposed excavation or demolition is within rights–of–way owned or controlled by the Department of Transportation, an administration of the Department of Transportation, or the Maryland Transportation Authority and, if so, the entity and the permit number or authorization number obtained from that entity; (3) the type and extent of work to be performed in connection with the proposed excavation or demolition; and (4) the correct name of and contact information for the temporary excavator, if any, performing work under the ticket. (c) (1) Except as provided in paragraph (2) of this subsection, on receiving notice, the one–call system shall promptly transmit a copy of the ticket to all owner–members in the geographic area indicated for that ticket. (2) Based on information collected under subsection (b)(2) of this section, the one–call system shall promptly transmit a copy of the ticket to the Department of Transportation, an administration of the Department of Transportation, or the Maryland Transportation Authority, as applicable. (3) (i) The ticket shall include a response date and time for owner–members or their contract locators that corresponds with the start work date selected by the person who initiated the ticket. (ii) A ticket is valid for 12 business days after the selected start work date on a ticket that is transmitted by the one–call system to an owner–member or their contract locator.

Md. Code, Public Utilities § 12-125

(a) A person shall repeat the notification required under § 12–124 of this subtitle if the person: (1) has not completed or will not complete the excavation or demolition within the time period authorized by the ticket; (2) expands the excavation or demolition beyond the location indicated in the notice under § 12–124(b) of this subtitle; or (3) adds a temporary excavator to the ticket. (b) If a person discovers that a mark is obliterated, destroyed, or removed, or observes a visible indication that an underground facility or structure is not marked as required under § 12–126 of this subtitle, the person shall notify the one–call system to request that all or part of the current scope of work of a valid ticket be re–marked. (c) A person shall repeat the notification regardless of: (1) any delays by an owner–member in marking its underground facilities; or (2) an agreement between the person and an owner–member regarding the time for marking underground facilities. (d) Any re–marking made after a notification provided under this section shall comply with the requirements of § 12–126 of this subtitle.

Md. Code, Public Utilities § 12-126

(a) An owner–member or its contract locator shall mark its underground facility if a proposed excavation or demolition that is specified in the extent of work contained in the ticket: (1) is within 5 feet of the horizontal plane of the underground facility; or (2) because of planned blasting, is so near to the underground facility that the underground facility may be damaged or disturbed. (b) (1) An owner–member or its contract locator shall mark the location of its underground facility as specified under subsection (a) of this section by marking on the ground within 18 inches on a horizontal plane on either side of the underground facility. (2) (i) When marking the location of an underground facility, an owner–member or its contract locator shall use the color codes established by the American Public Works Association for marking underground facilities in effect at the time of marking. (ii) If two or more owner–members share the same color code, each owner–member or its contract locator shall include information with the marking that indicates the owner–member of the marked underground facility. (c) Except as provided in subsection (d) of this section, within 2 business days after the day on which a ticket is transferred to an owner–member or before the selected start work date, the owner–member or its contract locator shall: (1) mark the location of the owner–member’s underground facility and report to the underground facilities information exchange system that the underground facility has been marked; or (2) report to the underground facilities information exchange system that the owner–member has no underground facilities in the vicinity of the planned excavation or demolition. (d) (1) If an owner–member or its contract locator is unable to mark the location of the owner–member’s underground facility within the time period prescribed in subsection (c) of this section because of the scope of the proposed excavation or demolition, the owner–member shall: (i) promptly notify the underground facilities information exchange system and the person that intends to perform the excavation or demolition; and (ii) work with the person that intends to perform the excavation or demolition to develop a documented agreement for marking the underground facility. (2) If the owner–member or its contract locator and person that intends to perform the excavation or demolition cannot reach a mutually documented agreement for marking under paragraph (1) of this subsection, the owner–member or its contract locator shall mark that portion of the site where excavation or demolition will first occur, and the owner–member or its contract locator shall mark the remainder of the site within a reasonable time. (3) If, due to circumstances beyond the control of an owner–member or its contract locator and for reasons other than those specified in paragraph (1) of this subsection, an owner–member or its contract locator is unable to mark the location of the owner–member’s underground facility within the time period prescribed in subsection (c) of this section, the owner–member or its contract locator shall report to the underground facilities information exchange system that an extension is required. (4) In connection with extensive or contiguous excavation or demolition projects, the person performing the excavation or demolition and the owner–member or its contract locator may establish a working agreement regarding the time periods for marking the underground facility.

Md. Code, Public Utilities § 12-127

(a) A person that intends to perform excavation or demolition may begin excavation or demolition activity only after the person receives notification from the underground facilities information exchange system of the one–call system confirming that all applicable owner–members or their contract locators have: (1) marked their underground facilities in accordance with § 12–126(c) of this subtitle; (2) marked the applicable portion of their underground facilities in accordance with § 12–126(d) of this subtitle; or (3) reported that they have no underground facilities in the vicinity of the excavation or demolition. (b) (1) After an owner–member or its contract locator has marked the location of an underground facility in accordance with § 12–126 of this subtitle, the person performing the excavation or demolition is responsible for the maintenance of the designated mark. (2) If the mark is obliterated, destroyed, or removed, the person: (i) shall repeat the notification required under § 12–125 of this subtitle; but (ii) may not in any manner replace or repair the mark. (c) (1) A person performing excavation or demolition or supervising a temporary excavator shall have a copy of the ticket issued by a one–call system available, by any means, on the site of the activity for the duration of the ticket. (2) A person performing an excavation or demolition shall exercise due care to avoid interference with or damage to an underground facility: (i) that an owner–member or its contract locator has marked in accordance with § 12–126 of this subtitle; or (ii) where clear evidence of an unmarked underground facility exists. (3) Before using mechanized equipment for excavation or demolition within 18 inches of an underground facility marking, a person shall expose the underground facility to its outermost surfaces by hand or other nondestructive techniques. (4) When utilizing a trenchless technology method, to prevent the occurrence of a cross–bore, a person shall expose by nondestructive techniques intersecting underground facilities to the depth of the excavation plus 18 inches in the path of the trenchless technology operation during the entire trenchless installation operation. (5) A person may not use mechanized equipment to excavate within 18 inches of the outermost surface of an exposed underground facility. (d) (1) The person performing an excavation or demolition shall promptly report to the owner–member of the facility if the person discovers or causes any damage to or dislocation or disturbance of an underground facility in connection with the excavation or demolition. (2) If the damage, dislocation, or disturbance results in the escape of a flammable, toxic, or corrosive gas or liquid, the person performing the excavation or demolition immediately shall report the damage to the 9–1–1 emergency system. (e) (1) If a person knows or has reason to know that an underground facility in the area of a planned or ongoing excavation or demolition is not marked as required by this subtitle, the person may not begin or continue the excavation or demolition unless the person: (i) has repeated the notification as required under § 12–125 of this subtitle; and (ii) receives notification from the underground facilities information exchange system of the one–call system confirming that all applicable owner–members that have underground facilities in the vicinity of the excavation or demolition have marked: 1. the underground facilities in accordance with § 12–126(c) of this subtitle; or 2. the applicable portion of the underground facilities in accordance with § 12–126(d) of this subtitle. (2) If the underground facility is not marked as required by this subtitle after the person receives notification from the underground facilities information exchange system under paragraph (1) of this subsection, the person may proceed with the excavation or demolition.

Md. Code, Public Utilities § 12-128

(a) A political subdivision, municipal corporation, the Department of Transportation, an administration of the Department of Transportation, or the Maryland Transportation Authority may charge, assess, or collect from a person a one–time initial marking fee not exceeding $35 for reimbursement of expenses that the political subdivision, municipal corporation, the Department of Transportation, an administration of the Department of Transportation, or the Maryland Transportation Authority incurs to comply with this subtitle. (b) If re–marking is requested, or is required after renotification under § 12–125 of this subtitle, a political subdivision, municipal corporation, or any of the transportation entities specified in subsection (a) of this section may charge, assess, or collect from a person a re–marking fee not exceeding $15 for reimbursement of expenses that the political subdivision, municipal corporation, or any of the transportation entities specified in subsection (a) of this section incurs to comply with this subtitle.

Md. Code, Public Utilities § 12-129

(a) Subject to subsection (c) of this section, any new or replacement piping that is buried or installed for the purposes of connecting a building to a water supply system, a sewerage system, an underground storm drain system, or any other applicable device shall be buried or installed with a wire or an equivalent product or technology that makes the piping detectable or locatable. (b) Any wire used to comply with subsection (a) of this section shall: (1) be an insulated copper tracer wire that is suitable for direct burial and has an American wire gauge (AWG) of at least 10, or an equivalent product; (2) be installed: (i) in the same trench as the piping that connects the building to the water supply system or the sewerage system; (ii) within 12 inches of the piping that connects the building to the water supply system or the sewerage system; and (iii) with at least one end of the wire terminating above grade in a location that is accessible and resistant to physical damage, such as in a cleanout or next to an external wall of the building; and (3) run from within 5 feet of an external wall of the building to: (i) the point where the piping intersects with the water supply system or the sewerage system; or (ii) the point where the sewerage system disposes of or processes the sewage. (c) The requirement of subsection (a) of this section with regard to replacement piping connecting a building to a water supply system or a sewerage system: (1) applies only to a complete replacement of the piping; and (2) does not apply to a repair or a partial replacement of the piping.

Md. Code, Public Utilities § 12-130

(a) (1) This section applies to a primary contractor that: (i) performs the excavation duties for the duration of a ticket; (ii) initiates the notification to the one–call system to establish a ticket; (iii) is on site to supervise all activities and employees; and (iv) intends to utilize services or equipment of a temporary excavator. (2) For purposes of this section, a primary contractor does not include a private homeowner that intends to hire a temporary excavator. (b) A primary contractor: (1) shall: (i) notify the one–call system when a temporary excavator is to begin work under the ticket; (ii) inform the temporary excavator of the exact scope of work as detailed on the existing ticket; (iii) directly supervise the on–site activities of the temporary excavator; and (iv) assume all liability if damage should occur to an underground facility by any person named as a temporary excavator on the existing ticket; and (2) may name only one temporary excavator for the duration of the ticket. (c) (1) A temporary excavator may be: (i) a piece of rental equipment and its operator; (ii) an excavation contractor that is not an employee of the primary contractor; or (iii) an equipment operator that is not a direct employee of the primary contractor. (2) The designated temporary excavator shall notify the one–call system with the associated ticket number to verify that the excavator has been hired to work for the primary contractor.

Md. Code, Public Utilities § 12-131

(a) In connection with a project that may require excavation or demolition, a person may initiate a nonexcavation designer ticket request by notifying the one–call system serving the geographic area covering the planned project in accordance with this section. (b) (1) In connection with a project that may require excavation or demolition, a person initiating a nonexcavation designer ticket request under this section: (i) may initiate only one ticket request for a single project by notifying the one–call system serving the geographic area covering the planned project; and (ii) shall, in connection with a nonexcavation designer ticket request: 1. indicate that the request is for design purposes only and may not be used for the purpose of excavation or demolition; 2. notify the one–call system of any owner–members from which the person does not require underground facilities information; and 3. on the request of an owner–member, provide the owner–member with a preliminary drawing that indicates the scope of the project. (2) The one–call system shall provide the person requesting a nonexcavation designer ticket an accurate means of contact for each underground facility within 2 business days. (3) Each underground facility owner shall maintain current valid contact information with the one–call system for persons to contact. (c) (1) Within 15 business days after receiving notice from a one–call system that a person has made a request under this section, an owner–member of an underground facility in the area of the project shall notify the person of the type and approximate location of the underground facility. (2) An owner–member may provide notice of the approximate location of an underground facility through the use of: (i) field locates; (ii) maps; (iii) surveys; (iv) installation records; or (v) other similar means. (d) In the case of an obstruction caused by a suspected cross–bore: (1) the person intending to remove the obstruction shall notify the one–call system and request a nonexcavation ticket for a suspected cross–bore which will be transmitted to all pertinent owner–members in the geographic area indicated for that ticket; and (2) each owner–member shall take whatever action it considers necessary to respond to this notification. (e) (1) Information provided to a person requesting marking under this section is for informational purposes only. (2) An owner–member or agent of an owner–member may not be held liable for any inaccurate information provided to a person under this section.

Md. Code, Public Utilities § 12-134

(a) To stop or prevent a negligent or unsafe excavation or demolition, an owner or the Attorney General may file an action for a writ of mandamus or injunction in a court of competent jurisdiction in Baltimore City or the county in which the excavation or demolition is being performed or is to be performed or in which the person resides or has its principal place of business, if the person: (1) is performing an excavation or demolition in a negligent or unsafe manner that has resulted in or is likely to result in damage to an underground facility; or (2) is intending to use procedures to carry out the excavation or demolition that are likely to result in damage to an underground facility. (b) (1) To make its judgment or processes effective, the court may join as parties any persons necessary or proper. (2) If appropriate, the court shall issue a final order granting the injunction or writ of mandamus.

Md. Code, Public Utilities § 12-135

(a) (1) A person that performs an excavation or demolition without first providing the notice required under § 12–124(a) of this subtitle is deemed negligent and is subject to a civil penalty assessed by the Authority. (2) The Authority shall calculate the civil penalty considering: (i) the severity of the violation; (ii) the intent and good faith of the violator; and (iii) the past history of violations. (3) The civil penalty may not exceed: (i) $2,000 for the first offense; and (ii) $4,000 for each subsequent offense. (4) A person that violates any other provision of Part IV of this subtitle is subject to a civil penalty assessed by the Authority not exceeding: (i) $2,000 for the first offense; and (ii) $4,000 for each subsequent offense. (5) Instead of or in addition to assessing a civil penalty under this subsection, the Authority may: (i) require that a person: 1. participate in damage prevention training; or 2. implement procedures to mitigate the likelihood of damage to underground facilities; or (ii) impose other similar measures. (6) (i) For purposes of paragraphs (3)(ii) and (4)(ii) of this subsection, the Authority may not consider an offense to be a subsequent offense if the offense occurred at least 3 years after the earlier offense unless: 1. the earlier offense is unresolved, regardless of the age of the earlier offense; or 2. the person has not met the conditions of an assessed penalty within the time period prescribed. (ii) In the case of an unresolved earlier offense or a failure to meet the conditions under subparagraph (i) of this paragraph, the Authority may assess up to double the maximum civil penalty for each violation. (7) A person that fails to appear before the Authority without cause, after proper notification of a scheduled hearing, may be subject to a $200 fine in addition to any civil penalty assessed by the Authority. (8) A person that files an emergency ticket that does not meet the definition of emergency under § 12–101 of this subtitle may be subject to the maximum penalties available under this subsection. (b) (1) This subsection applies if a proceeding has not been initiated before the Authority. (2) A court of competent jurisdiction may assess a civil penalty of up to 10 times the cost of repairs to the underground facility caused by the damage, dislocation, or disturbance against a person that has committed a subsequent offense under subsection (a)(1) of this section. (3) An action to recover a civil penalty under this subsection shall be brought by an owner of a damaged, dislocated, or disturbed underground facility or the Attorney General in a court of competent jurisdiction in Baltimore City or the county in which the damage, dislocation, or disturbance occurred. (4) The party bringing an action under this subsection may recover reasonable attorney’s fees. (c) The Authority may not assess a civil penalty under subsection (a)(3)(ii) of this section if an action to recover a civil penalty has been brought under subsection (b) of this section. (d) All civil penalties recovered under this section shall be paid into the Fund.

Md. Code, Public Utilities § 12-301

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Communication service” means the transmission of intelligence by electrical means. (2) “Communication service” includes the transmission of intelligence by telephone lines, telegraph lines, messenger–call, police, fire alarm, and traffic control circuits and circuits used to transmit standard television or radio signals. (c) “Conversion” means to convert an overhead electric or communication facility. (d) “Convert” means to remove all or part of an existing overhead electric or communication facility and to replace it at the same or another location with an underground electric or communication facility. (e) (1) “Electric or communication facility” means a works or improvement used or useful in providing electric service or communication service. (2) “Electric or communication facility” includes poles, supports, tunnels, manholes, vaults, conduits, ducts, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. (3) “Electric or communication facility” does not include a facility that: (i) uses or is intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts; or (ii) is owned, used by, or provided for a railroad or pipeline and located on or above the right–of–way of the railroad or pipeline. (f) “Electric service” means the distribution of electricity for heat, light, or power. (g) (1) “Public agency” means a county, municipal corporation, special district, or public corporation that provides electric service or communication service to the public by means of an electric or communication facility. (2) “Public agency” does not include a county, municipal corporation, special district, or public corporation that conducts a proceeding for a conversion under this subtitle. (h) “Public utility” means a person that provides electric or communication facilities.

Md. Code, Public Utilities § 12-302

(a) The General Assembly finds that, in many areas of the State, landowners, cities, counties, municipal corporations, public agencies, and public utilities desire to convert existing overhead electric or communication facilities to underground locations through proceedings under this subtitle. (b) The General Assembly declares that: (1) a public purpose will be served by providing a procedure to convert existing overhead electric or communication facilities to underground locations; and (2) it is in the public interest to provide for a conversion through proceedings established under this subtitle.

Md. Code, Public Utilities § 12-304

(a) This subtitle does not limit the authority of the Commission under this article, the Maryland Constitution, or any other law whether by statute or court decision. (b) This subtitle does not limit the authority of the Commission to determine whether, in what manner, and by whom costs are to be assessed, paid, recovered, or absorbed when an underground electric or communication facility is converted, constructed, operated, maintained, repaired, replaced, or enlarged.

Md. Code, Public Utilities § 12-306

Proceedings under this subtitle may be used to: (1) convert an existing electric or communication facility; and (2) construct, reconstruct, or relocate any other related electric or communication facility.

Md. Code, Public Utilities § 12-307

(a) Proceedings for a conversion must be initiated by petition filed under § 12-308 of this subtitle. (b) The petition shall: (1) define generally the proposed conversion; (2) request that proceedings for the proposed conversion be initiated under this subtitle; and (3) describe the proposed conversion district by: (i) specifying its exterior boundaries; (ii) providing a description of the proposed conversion district according to an official or recorded map; or (iii) referring to a plat or map filed with the petition that indicates the proposed conversion district by boundary line. (c) (1) A petition for proceedings for a conversion must be signed by not less than 20 landowners within the proposed conversion district whose property constitutes more than 80% of the assessed value of property within the proposed conversion district. (2) For purposes of this subsection, the assessed value of the property shall be determined by the last assessment roll used by the county or municipal corporation.

Md. Code, Public Utilities § 12-308

(a) The petition shall be filed with the clerk of the legislative body of the county or municipal corporation in which the proposed conversion district is located. (b) After a petition is filed under subsection (a) of this section, the clerk shall review the petition. (c) If the petition is signed by the number of qualified landowners required under § 12-307 of this subtitle, the clerk shall execute a certificate of sufficiency and present the petition and certificate to the legislative body.

Md. Code, Public Utilities § 12-309

(a) On presentation of the petition and the certificate of sufficiency from the clerk under § 12-308 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution that declares its intent to: (1) order the conversion described in the petition; and (2) enter into an agreement with a public agency or public utility that provides for plans and specifications, contributions of labor, materials, or money, and payment for any work, improvement, or service proposed under the petition. (b) In addition to a general description of the proposed conversion and the proposed conversion district, the resolution of intent shall contain a notice that states the date, hour, and place at which a person with an objection to the proposed conversion may appear at a public hearing before the legislative body, or its designated committee, and show cause why the proposed conversion should not be carried out in accordance with the resolution of intent and why a resolution ordering the conversion should not be adopted. (c) The public hearing required by subsection (b) of this section shall be held not less than 15 days and not more than 60 days after the date the resolution of intent is adopted. (d) (1) A legislative body, or its designated committee, need not provide notice and a public hearing under this section if, when considering the adoption of a resolution of intent, the legislative body finds and determines by four-fifths vote that, on or before the fifth day before the day that the resolution of intent will be considered for adoption, all of the landowners, or their agents, within the proposed conversion district to be assessed have signed and filed a petition with the clerk of the legislative body waiving their right to a public hearing. (2) A petition filed under paragraph (1) of this subsection shall include: (i) a statement that, to the extent of the proposed conversion district to be assessed, the landowners do not object to the proposed conversion, or to an agreement proposed to be made under § 12-311 of this subtitle, and do not have any other objection; and (ii) a request that the legislative body, or its designated committee, not hold a public hearing. (e) (1) During the 15 days after the public hearing, if held, landowners within the proposed conversion district may certify the withdrawal of their names from the petition for conversion. (2) A petition for conversion shall be considered withdrawn if the number of landowners certifying their withdrawal is such that the remaining signatures of landowners on the petition constitute less than 50% of the total assessed value within the proposed conversion district.

Md. Code, Public Utilities § 12-310

(a) After receipt of a petition under § 12-308 of this subtitle, the legislative body of the county or municipal corporation shall order an investigation and a report on the petition. (b) (1) The report shall include: (i) the nature of the conversion; (ii) the estimated cost of the conversion and the proceedings for the conversion; (iii) funds available from other sources to pay the costs of conversion; (iv) existing assessments; (v) the estimated conversion costs on each parcel; and (vi) the maturity date and probable interest rate of any bonds to be issued. (2) Engineering details and cost estimates included in the report may not be in any greater detail than necessary for the formulation of a judgment on the feasibility and expense of the proposed conversion. (c) The report shall be available to the public: (1) when the notice required under § 12-309 of this subtitle is published; and (2) at the public hearing, if held, established in the notice.

Md. Code, Public Utilities § 12-311

(a) In a proceeding for a conversion, the county or municipal corporation and any public agency or public utility supplying electric service or communication service with the county or municipal corporation shall provide by agreement that: (1) at the start or on completion of the conversion, the public agency or public utility has legal title to the electric or communication facilities; and (2) the electric or communication facilities are: (i) a part of the system of the public agency or public utility; and (ii) to be used, operated, maintained, and managed by the public agency or public utility as part of its system. (b) Subject to any rules, regulations, or tariffs applicable to the public agency or public utility, the agreement also shall provide for the following: (1) the supplying of or approval by the public agency or public utility of plans and specifications related to the conversion and labor or materials to be used in the conversion; and (2) the performance by the public agency or public utility of all or part of the conversion or improvements and payment to the public agency or public utility for the conversion or improvements. (c) An agreement made under this section must be made before the legislative body of the county or municipal corporation adopts a resolution ordering the conversion. (d) (1) If the proceeding for a conversion is discontinued: (i) any agreement made under this section is void; (ii) the petitioners shall reimburse the public agency or public utility for engineering and other preliminary expenses incurred that exceed $2,500; and (iii) the petitioners or the county or municipal corporation may not reimburse the public agency or public utility for engineering and other preliminary expenses incurred that are $2,500 or less. (2) If the proposed conversion is completed, any engineering and other preliminary expenses incurred by the public agency or public utility shall be included as part of the cost of the conversion. (e) Before an agreement made under this section takes effect, the Commission may conduct proceedings and shall: (1) determine that the agreement is in the public interest; and (2) issue an order to approve the agreement, disapprove the agreement, or approve the agreement subject to specified conditions.

Md. Code, Public Utilities § 12-312

(a) After approval by the Commission of an agreement under § 12-311 of this subtitle and, if required, a public hearing in accordance with § 12-309 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution ordering the conversion to be completed in accordance with the resolution. (b) The resolution shall include: (1) a description of the proposed conversion district; (2) the method of financing the conversion costs, including: (i) the issuance of bonds or other evidence of indebtedness; (ii) an advance from the general fund of the county or municipal corporation; or (iii) direct payment by the landowners in the conversion district of their respective shares of the conversion costs; and (3) the amount and duration of property taxes to be levied in the conversion district each year for repayment of any bonds, evidence of indebtedness, or any advances from the general fund of the county or municipal corporation.

Md. Code, Public Utilities § 12-313

(a) Subject to applicable rules, regulations, tariffs, or ordinances, the landowner is responsible for the costs of construction, reconstruction, relocation, or conversion of all electric or communication facilities of a public agency or public utility from the point of attachment of the electric or communication facility to any improvements located on the landowner’s property within a conversion district. (b) (1) The contractor, public agency, public utility, county, or municipal corporation performing the conversion is responsible for the conversion of all electric or communication facilities to the point of attachment to any improvements located on property within the conversion district. (2) The conversion costs incurred under paragraph (1) of this subsection shall be included in the total conversion costs that are to be assessed against the property.

Md. Code, Public Utilities § 12-314

(a) (1) At least 15 days before the date of commencement of construction, the clerk of the legislative body of the county or municipal corporation shall mail a notice to each landowner within the conversion district that informs the landowner of the provisions of § 12-313 of this subtitle. (2) The clerk shall use the names and addresses from the most recent property assessment roll of the county or municipal corporation, or as otherwise known by the clerk. (b) The notice mailed under subsection (a) of this section shall include a statement that, unless the landowner complies with the requirements of § 12-313 of this subtitle, all buildings, structures, and other improvements located on the property may be disconnected from the overhead electric or communication facilities that provide electric service or communication service to the buildings, structures, or other improvements.

Md. Code, Public Utilities § 12-315

(a) If a landowner fails to comply with § 12-313 of this subtitle, all overhead electric or communication facilities providing electric service or communication service to any building, structure, or other improvement on the property shall be disconnected and removed. (b) At least 5 days before the disconnection, the landowner shall be provided written notice of the disconnection by leaving a copy of the notice at the principal building, structure, or other improvement located on the property.

Md. Code, Public Utilities § 12-316

(a) This section does not authorize a county or municipal corporation to avoid compliance with any competitive bidding requirements for a conversion or improvement to be performed by a private contractor. (b) Provisions in State, county, or municipal law that require competitive bidding do not apply to a conversion or improvement performed by: (1) a county, municipal corporation, public agency, or public utility; or (2) a department, agency, commission, or office of a county or municipal corporation.

Md. Code, Public Utilities § 12-317

(a) In accordance with its charter or a public general law or public local law, a county or municipal corporation may issue bonds or other evidence of indebtedness to carry out this subtitle. (b) To pay the principal and interest on bonds or other evidence of indebtedness or an advance from its general fund, a county or municipal corporation may levy property taxes on the assessed value of all real property and classes of assessable personal property within the conversion district.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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