SB 433 – FINAL VERSION
SENATE BILL 433
This bill changes certain references relating to underground facility damage prevention. This bill also establishes the position of director of safety and security at the public utilities commission.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to underground facility damage prevention and establishing the position of director of safety and security of the public utilities commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
191:1 Disposition and Retention Schedule. Amend RSA 33-A:3-a, XXXII to read as follows:
Dig safe] Underground facility damage prevention forms: 4 years.
191:2 Civil Penalty. Amend RSA 374:55, VII-VIII to read as follows:
VII. The commission or any commission employee, involved in [
the “Dig Safe”] an underground facility damage prevention program approved by the commission and designated by the commission, may enforce violations of this subdivision. Any excavator or operator that violates this subdivision shall be subject to the penalties in paragraph VIII. In addition, the commission may assess the excavator for expenditures made to collect the civil penalty. Any excavator or operator which suffers damage resulting from violation of this subdivision may petition the commission to initiate an enforcement action.
VIII. Any excavator or operator that does not comply with RSA [
374:51-54] 374:51 through 374:54 shall be required either to complete [ a “Dig Safe” training] an underground facility damage prevention program approved by the commission, or to pay a civil penalty of up to $500. The civil penalty may be up to $5,000 if the excavator or operator previously violated RSA [ 374:51-54] 374:51 through 374:54 within the prior 12 months or if the violation results in bodily injury or property damages exceeding $50,000, excluding utility costs. This paragraph shall not apply to a homeowner excavating on his or her own property or to a legal occupant of residential property excavating on the property of his or her primary residence with the permission of the owner.
191:3 Reference Changes. Amend the following RSA provisions by deleting “underground utility damage prevention system” and replacing it with “underground facility damage prevention system”: the subdivision heading preceding RSA 374:48; RSA 374:48, VI; RSA 374:49; RSA 374:51, VI; and RSA 374:53.
191:4 New Paragraph; Public Utilities Commission; Staff; Director of Safety and Security. Amend RSA 363:27 by inserting after paragraph III the following new paragraph:
IV. Director of Safety and Security. The commission shall appoint a director of safety and security, who shall serve a term of 4 years. The director of safety and security shall be qualified to hold that position by reason of education and experience and shall perform such duties as are assigned by the chairman of the commission.
191:5 Director of Safety and Security; Salary. The position of director of safety and security at the public utilities commission shall be unclassified. The salary of the director shall be determined after assessment and review of the appropriate temporary letter grade allocation for the position for inclusion in RSA 94:1-a, I(b), which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
191:6 Elimination of Classified Position. The classified position of safety director of the public utilities commission is hereby eliminated. The initial appointment to the position of director of safety and security shall be filled by the person serving as safety director immediately prior to the effective date of this act. Any funds appropriated for the compensation of the safety director shall be used for the compensation the director of safety and security.
191:7 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 21, 2010
Effective Date: August 20, 2010