¶1Dear Senator Bromwell:
¶2You have requested our opinion about the entities that are required to be members of the "one-call" system under Maryland's "Miss Utility Law." The Miss Utility Law requires the owners of certain underground facilities to be members of a one-call system. You have asked whether the term "owner" includes political subdivisions, municipalities and State agencies that own underground facilities.
¶3For the reasons which follow, it is our opinion that an owner includes political subdivisions, municipal corporations, and State agencies.
¶5For purposes of this law, "owner" means a "person" that owns and operates an underground facility and has the right to bury an underground facility. PUC, § 12-101(f)(1). The general rule is that the word "person" in a statute does not include the State, its agencies or subdivisions unless an intention to include these entities is manifested by the Legislature. Unnamed Physician v.Commission on Medical Discipline, 285 Md. 1, 12, 400 A.2d 396 (1979). However, under this statute, a "person" includes a "municipal corporation" and "a governmental unit, department or agency". PUC, § 12-101(g). Moreover, the statute also specifies that an "owner" includes a "political subdivision" and "municipal corporation". PUC, § 12-101(f)(2). See also PUC, § 12-111 ("political subdivision or municipal corporation authorized to charge marking or re-marking fee).
¶6The Miss Utility Law manifests an intent to encompass governmental units within the definition of owner and to obligate them to be members of a one-call system. This intention is also reflected in the law's legislative history.
¶7The essential provisions of the present Miss Utility Law were enacted in 1990 amendment of Article 78, § 28A.1 The then existing law applied only to the underground facilities of public service companies. However, as pointed out in a statement of the Public Service Commission, this amendment expanded the application of the law from public service companies to virtually all owners of underground facilities. See Statement from Public Service Commission to Senate Finance Committee (January 25, 1990).
¶8The broad application of the Miss Utility Law was clearly understood by affected public authorities. In a statement to the Senate Finance Committee dated January 25, 1990, the Maryland Municipal League declared "The Maryland Municipal League opposes S.B. 224 which would require municipalities and other underground facility owners to participate in a one-call system for facilities marking and notification."
¶10Very truly yours,
¶11 J. Joseph Curran, Jr. Attorney General
¶12 Richard E. Israel Assistant Attorney General
¶13_________________________ Robert N. McDonald Chief Counsel Opinions and Advice
¶141 Article 78, § 28A as subsequently amended, was repealed along with the rest of Article 78 when the Public Utility Companies Article was created. Chapter 8, § 1, Laws of Maryland, 1998. The repeal of Article 78 and the enactment of the new Article took effect on October 1, 1998. Chapter 8, § 13, Laws of Maryland, 1998. See also Chapter 653, Laws of Maryland 1998.