46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO UTILITIES; CREATING ADDITIONAL CONDITIONS FOR AN EXCAVATION REQUEST.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 62-14-3 NMSA 1978 (being Laws 1973, Chapter 252, Section 3, as amended) is amended to read:

"62-14-3. EXCAVATION.--

[Every] A. A person who prepares engineering plans for excavation or who engages in excavation shall:

[A.] (1) determine the location of any underground facility in or near the area where the excavation is to be conducted [including a] and request [to] the owner or operator of the underground facility to locate and mark the underground facility pursuant to Section 62-14-5 NMSA 1978 if:

(a) excavation is scheduled to commence within ten working days of the initial locate request;

(b) the locate request clearly identifies the proposed excavation area; and

(c) the locate request is limited to the specific area in which the requester intends to excavate;

[B.] (2) plan the excavation to avoid or minimize interference or damage to underground facilities in or near the excavation area;

[C.] (3) provide telephonic advance notice of the commencement, extent and duration of the excavation work to the one-call notification system operating in the intended excavation area, or the owners or operators of any existing underground facility in and near the excavation area that are not members of the local one-call notification center, in order to allow the owners to locate and mark the location of the underground facility as described in Section 62-14-5 NMSA 1978 prior to the commencement of work in the excavation area and shall request reaffirmation of line location every ten working days after the initial locate request;

[D.] (4) prior to initial exposure of the underground facility, maintain at least an estimated clearance of eighteen inches between existing underground facilities for which the owners or operators have previously identified the location and the cutting edge or point of any mechanical excavating equipment utilized in the excavation and continue excavation in a manner necessary to prevent damage;

[E.] (5) provide such support for existing underground facilities in or near the excavation area necessary to prevent damage to them;

[F.] (6) backfill all excavations in a manner and with materials as may be necessary to prevent damage to and provide reliable support during and following backfilling activities for preexisting underground facilities in or near the excavation area;

[G.] (7) immediately notify by telephone the owner of any underground facilities [which] that may have been damaged or dislocated during the excavation work; and

[H.] (8) not move or obliterate markings made pursuant to Chapter 62, Article 14 NMSA 1978 or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with the provisions of Chapter 62, Article 14 NMSA 1978.

B. A person who prepares engineering plans for excavation or who engages in excavation and who willfully fails to comply with Paragraph (1) of Subsection A of this section shall be liable to the owners or operators of underground facilities for the cost of the facility owner or operator locating and marking the underground facility, not to exceed two thousand five hundred dollars ($2,500)."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.