Home > 105th Congressional Bills > S. 1115 (rs) To amend title 49, United States Code, to improve the one-call notification process, and for other purposes. ...S. 1115 (rs) To amend title 49, United States Code, to improve the one-call notification process, and for other purposes. ...
105th CONGRESS
1st Session
S. 1115
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 1997
Referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to improve the one-call
notification process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive One-Call Notification
Act of 1997''.
SECTION 2. FINDINGS.
The Congress finds that--
(1) unintentional damage to underground facilities during
excavation is a significant cause of disruptions in
telecommunications, water supply, electric power and other
vital public services, such as hospital and air traffic control
operations, and is a leading cause of natural gas and hazardous
liquid pipeline accidents;
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate marking
of such a facility prior to excavation can cause damage that
results in fatalities, serious injuries, harm to the
environment and disruption of vital services to the public; and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by
excavations will be enhanced by a coordinated national effort
to improve one-call notification programs in each State and the
effectiveness and efficiency of one-call notification systems
that operate under such programs.
SEC. 3. ESTABLISHMENT OF ONE-CALL PROGRAM.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end thereof the following:
``CHAPTER 61--ONE-CALL NOTIFICATION
PROGRAM
``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``Sec. 6101. PURPOSES
``The purposes of this chapter are--
``(1) to enhance public safety;
``(2) to protect the environment;
``(3) to minimize risks to excavators; and
``(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during
excavation through the adoption and efficient implementation by all
States of State one-call notification programs that meet the minimum
standards set forth under section 6103.
``Sec. 6102. DEFINITIONS
``For purposes of this chapter--
``(1) One-call notification system.--The term ``one-call
notification system'' means a system operated by an
organization that has as one of its purposes to receive
notification from excavators of intended excavation in a
specified area in order to disseminate such notification to
underground facility operators that are members of the system
so that such operators can locate and mark their facilities in
order to prevent damage to underground facilities in the course
of such excavation.
``(2) State one-call notification program.--The term
``State one-call notification program'' means the State
statutes, regulations, orders, judicial decisions, and other
elements of law and policy in effect in a State that establish
the requirements for the operation of one-call notification
systems in such State.
``(3) State.--The term `State' means a State, the District
of Columbia, and Puerto Rico.
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``Sec. 6103. MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION PROGRAMS
``(a) Minimum Standards.--A State one-call notification program
shall, at a minimum, provide for--
``(1) appropriate participation by all underground facility
operators;
``(2) appropriate participation by all excavators; and
``(3) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(b) Appropriate Participation.--In determining the appropriate
extent of participation required for types of underground facilities or
excavators under subsection (a), a State shall assess, rank, and take
into consideration the risks to the public safety, the environment,
excavators, and vital public services associated with
``(1) damage to types of underground facilities; and
``(2) activities of types of excavators.
``(c) Implementation.--A State one-call notification program also
shall, at a minimum, provide for
``(1) consideration of the ranking of risks under
subsection (b) in the enforcement of its provisions;
``(2) a reasonable relationship between the benefits of
one-call notification and the cost of implementing and
complying with the requirements of the State one-call
notification program; and
``(3) voluntary participation where the State determines
that a type of underground facility or an activity of a type of
excavator poses a de minimis risk to public safety or the
environment.
``(d) Penalties.--To the extent the State determines appropriate
and necessary to achieve the purposes of this chapter, a State one-call
notification program shall, at a minimum, provide for
``(1) administrative or civil penalties commensurate with
the seriousness of a violation by an excavator or facility
owner of a State one-call notification program;
``(2) increased penalties for parties that repeatedly
damage underground facilities because they fail to use one-call
notification systems or for parties that repeatedly fail to
provide timely and accurate marking after the required call has
been made to a one-call notification system;
``(3) reduced or waived penalties for a violation of a
requirement of a State one-call notification program that
results in, or could result in, damage that is promptly
reported by the violator;
``(4) equitable relief; and
``(5) citation of violations.
``Sec. 6104. COMPLIANCE WITH MINIMUM STANDARDS
``(a) Requirement.--In order to qualify for a grant under section
6106, each State shall, within 2 years after the date of the enactment
of the Comprehensive One-Call Notification Act of 1997, submit to the
Secretary a grant application under subsection (b).
``(b) Application.--
``(1) Upon application by a State, the Secretary shall
review that State's one-call notification program, including
the provisions for implementation of the program and the record
of compliance and enforcement under the program.
``(2) Based on the review under paragraph (1), the
Secretary shall determine whether the State's one-call
notification program meets the minimum standards for such a
program set forth in section 6103 in order to qualify for a
grant under section 6106.
``(3) In order to expedite compliance under this section,
the Secretary may consult with the State as to whether an
existing State one-call notification program, a specific
modification thereof, or a proposed State program would result
in a positive determination under paragraph (2).
``(4) The Secretary shall prescribe the form of, and manner
of filing, an application under this section that shall provide
sufficient information about a State's one-call notification
program for the Secretary to evaluate its overall
effectiveness. Such information may include the nature and
reasons for exceptions from required participation, the types
of enforcement available, and such other information as the
Secretary deems necessary.
``(5) The application of a State under paragraph (1) and
the record of actions of the Secretary under this section shall
be available to the public.
``(c) Alternative Program.--A State may maintain an alternative
one-call notification program if that program provides protection for
public safety, the environment, or excavators that is equivalent to, or
greater than, protection under a program that meets the minimum
standards set forth in section 6103.
``(d) Report.--Within 3 years after the date of the enactment of
the Comprehensive One-call Notification Act of 1997, the Secretary
shall begin to include the following information in reports submitted
under section 60124 of this title--
``(1) a description of the extent to which each State has
adopted and implemented the minimum Federal standards under
section 6103 or maintains an alternative program under
subsection (c);
``(2) an analysis by the Secretary of the overall
effectiveness of the State's one-call notification program and
the one-call notification systems operating under such program
in achieving the purposes of this chapter;
``(3) the impact of the State's decisions on the extent of
required participation in one-call notification systems on
prevention of damage to underground facilities; and
``(4) areas where improvements are needed in one-call
notification systems in operation in the State.
The report shall also include any recommendations the Secretary
determines appropriate. If the Secretary determines that the purposes
of this chapter have been substantially achieved, no further report
under this section shall be required.
``Sec. 6105. REVIEW OF ONE-CALL SYSTEM BEST PRACTICES
``(a) Study of Existing One-Call Systems.--Except as provided in
subsection (d), the Secretary, in consultation with other appropriate
Federal agencies, State agencies, one-call notification system
operators, underground facility operators, excavators, and other
interested parties, shall undertake a study of damage prevention
practices associated with existing one-call notification systems.
``(b) Purpose of Study of Damage Prevention Practices.--The purpose
of the study is to assemble information in order to determine which
existing one-call notification systems practices appear to be the most
effective in preventing damage to underground facilities and in
protecting the public, the environment, excavators, and public service
disruption. As part of the study, the Secretary shall at a minimum
consider--
``(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners of
underground facilities;
``(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and programs;
``(3) the methods by which one-call notification systems
receive and distribute information from excavators and
underground facility owners;
``(4) the use of any performance and service standards to
verify the effectiveness of a one-call notification system;
``(5) the effectiveness and accuracy of mapping used by
one-call notification systems;
``(6) the relationship between one-call notification
systems and preventing intentional damage to underground
facilities;
``(7) how one-call notification systems address the need
for rapid response to situations where the need to excavate is
urgent;
``(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors
in the excavation process after a one-call notification system
has been notified of an excavation;
``(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
``(10) the characteristics of damage prevention programs
the Secretary believes could be relevant to the effectiveness
of State one-call notification programs; and
``(11) the effectiveness of penalties and enforcement
activities under State one-call notification programs in
obtaining compliance with program requirements.
``(c) Report.--Within 1 year after the date of the enactment of the
Comprehensive One-Call Notification Act of 1997, the Secretary shall
publish a report identifying those practices of one-call notification
systems that are the most and least successful in--
``(1) preventing damage to underground facilities; and
``(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage States and operators of one-call
notification programs to adopt and implement the most successful
practices identified in the report.
``(d) Secretarial Discretion.--Prior to undertaking the study
described in subsection (a), the Secretary shall determine whether
timely information described in subsection (b) is readily available. If
the Secretary determines that such information is readily available,
the Secretary is not required to carry out the study.
``6106. GRANTS TO STATES
``(a) In General.--The Secretary may make a grant of financial
assistance to a State that qualifies under section 6104(b) to assist in
improving--
``(1) the overall quality and effectiveness of one-call
notification systems in the State;
``(2) communications systems linking one-call notification
systems;
``(3) location capabilities, including training personnel
and developing and using location technology;
``(4) record retention and recording capabilities for one-
call notification systems;
``(5) public information and education;
``(6) participation in one-call notification systems; or
``(7) compliance and enforcement under the State one-call
notification program.
``(b) State Action Taken Into Account.--In making grants under this
section the Secretary shall take into consideration the commitment of
each State to improving its State one-call notification program,
including legislative and regulatory actions taken by the State after
the date of enactment of the Comprehensive One-Call Notification Act of
1997.
``(c) Funding for One-Call Notification Systems.--A State may
provide funds received under this section directly to any one-call
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |