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House wants tighter law vs damage to public infrastructure during digs
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Posted on Nov 21 2008
The House of Representatives has passed a bill imposing a criminal penalty for damaging public infrastructure during excavations.
The House members voted unanimously to approve the bill, which strengthens the 1994 law on utility damage prevention. The bill will become law once passed by the Senate and signed by the governor.
Sponsored by Rep. Stanley Torres, the measure addresses the lack of a criminal penalty in the existing law, which proponents say “renders the act ineffective.”
“Individuals and firms continue to proceed with underground excavation and digging activities without giving advance notice to the utility operators affected and the Department of Public Works, as required under [the law],” the bill states.
“They do so knowing that any damages resulting would merely be assessed the actual cost of the damages incurred. They fail to see the major inconvenience caused to members of the general public as a result of the disruption they cause to access essential public services,” it adds.
Under the bill, any person who causes damage to underground utility equipment will be guilty of a criminal offense and may be punished by a maximum one-year jail term, a maximum fine of $5,000, or both. The person will also be responsible for the cost of repairing and replacing the damaged equipment.
