Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 164 of the General Laws is hereby amended by striking out section 76D, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-
Section 76D. All natural gas pipeline companies, cable television companies and public utility companies, as defined in section three of chapter twenty-five, shall create, participate in and be responsible for the administration of a utility underground plant damage prevention system. Said system shall be operated during normal business hours each day of the year, exclusive of Saturdays, Sundays and legal holidays, for the purpose of receiving notices of proposed excavations in public ways, utility right of ways, and in privately owned land under which any public utility company, municipal utility department, cable television company or natural gas pipeline company maintains underground facilities, including pipes, mains, wires or conduits, as are required by the provisions of section forty of chapter eighty-two. Said system shall be responsible, upon receipt of such notices, for immediately notifying such natural gas pipeline companies, public utility companies, cable television companies, and municipal utility departments as supply gas, electricity, cable television service or telephone service in or to such city or town where such excavation is to take place of such proposed excavation. The cost of operating the utility underground plant damage prevention system shall be apportioned equitably among all natural gas pipeline companies, public utility companies, cable television companies and municipal utility departments as supply gas, electricity, cable television service or telephone service within the commonwealth according to a formula to be fixed by agreement of the companies.
The department is authorized to investigate the operation of said system and to adopt procedures necessary and appropriate to hear and resolve complaints for failure to comply with the provisions of section forty of chapter eighty-two.