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 or who performs pre-construction assessments 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;

[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 providing telephonic advance notice of the commencement, extent and duration of excavation work pursuant to Paragraph (3) of Subsection A of this section shall:

(1) intend to commence or continue excavation within ten working days after the initial locate request or request for reaffirmation of line location;

(2) clearly identify the proposed excavation area; and

(3) limit the request to the specific area in which the requester intends to excavate.

C. A person who prepares engineering plans or who performs pre-construction assessments for excavation may request that the owner or operator of an underground facility mark the approximate location of an underground facility on engineering or construction plans provided by the requester. The owner or operator of the underground facility, as an alternative to marking the requester's engineering or construction plans, may provide access to maps showing the approximate location of the underground facility or physically locate and mark the underground facility. The owner or operator of an underground facility shall respond to a request from a person preparing engineering or pre-construction assessment plans within ten working days or a time frame agreed to by the parties.

D. A person who engages in excavation and who willfully fails to comply with the provisions of Subsection B of this section may be liable to the owner or operator of an underground facility for the cost of the facility owner or operator locating and marking the underground facility provided it is within the utility right of way or easement, 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.