[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4394 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4394


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 3 (legislative day, September 12), 1994

                                Received

            October 8 (legislative day, September 12), 1994

  Read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 AN ACT


 
   To require State's to consider adopting mandatory, comprehensive, 
  Statewide one-call notification systems to protect natural gas and 
 hazardous liquid pipelines and all other underground facilities from 
       being damaged by any excavations, 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 1994''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Damage.--The term ``damage'' means any impact or 
        contact with an underground facility, its appurtenances, or its 
        protective coating, or weakening of the support for the 
        facility or protective housing, which requires repair.
            (2) Excavation.--The term ``excavation'' means any 
        operation in which earth, rock, or other material in the ground 
        is moved, removed, or otherwise displaced by means of any 
        mechanized tools or equipment, or any explosive, but shall not 
        include--
                    (A) any generally accepted normal agricultural 
                practices and activities taken in support thereof, as 
                determined by each State, including tilling of the soil 
                for agricultural purposes to a depth of 18 inches or 
                less;
                    (B) generally accepted normal lawn and garden 
                activities, as determined by each State;
                    (C) the excavation of a gravesite in a cemetery; 
                and
                    (D) routine railroad maintenance as long as such 
                maintenance would disturb the ground to a depth of no 
                more than 18 inches as measured from the surface of the 
                ground and the railroad has rules requiring underground 
                facilities other than its own to be buried 3 feet or 
                lower on its property or along its right-of-way.
        When a facility operator believes that its underground facility 
        is not buried 3 feet or lower on railroad property or right-of-
        way, the facility operator may request permission to enter the 
        railroad property or right-of-way for the purpose of assessing 
        the depth of such underground facility and report its finding 
        to the railroad.
            (3) Excavator.--The term ``excavator'' means a person who 
        conducts excavation.
            (4) Facility operator.--The term ``facility operator'' 
        means any person who operates an underground facility.
            (5) Hazardous liquid.--The term ``hazardous liquid'' has 
        the meaning given such term in section 60101(a)(4) of title 49, 
        United States Code.
            (6) Natural gas.--The term ``natural gas'' has the meaning 
        given the term ``gas'' in section 60101(a)(2) of title 49, 
        United States Code.
            (7) Person.--The term ``person'' includes any agency of 
        Federal, State, or local government.
            (8) Routine railroad maintenance.--The term ``routine 
        railroad maintenance'' includes such activities as ballast 
        cleaning, general ballast work, track lining and surfacing, 
        signal maintenance, and the replacement of crossties.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (10) State.--The term ``State'' has the meaning given such 
        term in section 60101(a)(20) of title 49, United States Code.
            (11) State program.--The term ``State program'' means the 
        program of a State to establish or maintain a one-call 
        notification system.
            (12) Underground facility.--The term ``underground 
        facility'' means any underground line, system, or structure 
        used for gathering, storing, transmitting, or distributing oil, 
        petroleum products, other hazardous liquids, natural gas, 
        communication, electricity, water, steam, sewerage, or any 
        other commodities the Secretary determines should be included 
        under the requirements of this Act, but such term does not 
        include a portion of a line, system, or structure if the person 
        who owns or leases, or holds an oil or gas mineral leasehold 
        interest in, the real property in which such portion is located 
        also operates, or has authorized the operation of, the line, 
        system, or structure only for the purpose of furnishing 
        services or materials to such person, except to the extent that 
        such portion contains predominantly natural gas or hazardous 
        liquids and--
                    (A) is located within an easement for a public road 
                (as defined under section 101(a) of title 23, United 
                States Code), or a toll highway, bridge, or tunnel (as 
                described in section 129(a)(2) of such title); or
                    (B) is located on a mineral lease and is within the 
                boundaries of a city, town, or village.

SEC. 3. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall, in consultation with the Federal Communications 
Commission, facility operators, excavators, and one-call notification 
system operators, provide for the establishment of a nationwide toll-
free telephone number system to be used by State one-call notification 
systems.

SEC. 4. STATE PROGRAMS.

    (a) Consideration.--Each State shall consider whether to adopt a 
comprehensive statewide one-call notification program with each element 
described in section 5, to protect all underground facilities from 
damage due to any excavation. Such State program may be provided for 
through the establishment of a new program, or through modification or 
improvement of an existing program, and may be implemented by a 
nongovernmental organization.
    (b) Procedures.--State consideration under subsection (a) shall be 
undertaken after public notice and hearing, and shall be completed 
within 3 years after the date of enactment of this Act. Such 
consideration may be undertaken as part of any proceeding of a State 
with respect to the safety of pipelines or other underground 
facilities.
    (c) Compliance.--If a State fails to comply with the requirements 
of subsection (a), the Secretary or any person aggrieved by such 
failure may in a civil action obtain appropriate relief against any 
appropriate officer or entity of the State, including the State itself, 
to compel such compliance.
    (d) Appropriateness.--Nothing in this Act prohibits a State from 
making a determination that it is not appropriate to adopt a State 
program described in section 5, pursuant to its authority under 
otherwise applicable State law.

SEC. 5. ELEMENTS OF STATE PROGRAM.

    (a) In General.--Each State's consideration under section 4(a) 
shall include consideration of program elements that--
            (1) provide for a one-call notification system or systems 
        which shall--
                    (A) apply to all excavators and to all facility 
                operators;
                    (B) operate in all areas of the State and not 
                duplicate the geographical coverage of other one-call 
                notification systems;
                    (C) receive and record appropriate information from 
                excavators about intended excavations;
                    (D) inform facility operators of any intended 
                excavations that may be in the vicinity of their 
                underground facilities; and
                    (E) inform excavators of the identity of facility 
                operators who will be notified of the intended 
                excavation;
            (2) provide for 24-hour coverage for emergency excavation, 
        with the manner and scope of coverage determined by the State;
            (3) employ mechanisms to ensure that the general public, 
        and in particular all excavators, are aware of the one-call 
        telephone number and the requirements, penalties, and benefits 
        of the State program relating to excavations;
            (4) inform excavators of any procedures that the State has 
        determined must be followed when excavating;
            (5) require that any excavator must contact the one-call 
        notification system in accordance with State specifications, 
        which may vary depending on whether the excavation is short 
        term, long term, routine, continuous, or emergency;
            (6) require facility operators to provide for locating and 
        marking or otherwise identifying their facilities at an 
        excavation site, in accordance with State specifications, which 
        may vary depending on whether the excavation is short term, 
        long term, routine, continuous, or emergency;
            (7) provide effective mechanisms for penalties and 
        enforcement as described in section 6;
            (8) provide for a fair and appropriate schedule of fees to 
        cover the costs of providing for, maintaining, and operating 
        the State program;
            (9) provide an opportunity for citizen suits to enforce the 
        State program; and
            (10) require railroads to report any accidents that occur 
        during or as a result of routine railroad maintenance to the 
        Secretary and the appropriate local officials.
    (b) Exception.--Where excavation is undertaken by or for a person, 
on real property owned or leased, or in which an oil or gas mineral 
leasehold interest is held, by that person, and the same person 
operates all underground facilities located at the site of the 
excavation, a State program may elect not to require that such person 
contact the one-call notification system before excavating.

SEC. 6. PENALTIES AND ENFORCEMENT.

    (a) General Penalties.--Each State's consideration under section 
4(a) shall include consideration of a requirement that any excavator or 
facility operator who violates the requirements of the State program 
shall be liable for an appropriate administrative or civil penalty.
    (b) Increased Penalties.--If a violation results in damage to an 
underground facility resulting in death, serious bodily harm, or actual 
damage to property exceeding $50,000, or damage to a hazardous liquid 
underground facility resulting in the release of more than 50 barrels 
of product, the penalties shall be increased, and an additional penalty 
of imprisonment may be assessed for a knowing and willful violation.
    (c) Decreased Penalties.--Each State's consideration under section 
4(a) shall include consideration of reduced penalties for a violation, 
that results in or could result in damage, that is promptly reported by 
the violator.
    (d) Equitable Relief and Mandamus Actions.--Each State's 
consideration under section 4(a) shall include consideration of 
provisions for appropriate equitable relief and mandamus actions.
    (e) Immediate Citation of Violations.--Each State's consideration 
under section 4(a) shall include consideration of procedures for 
issuing a citation of violation at the site and time of the violation.

SEC. 7. GRANTS TO STATES.

    (a) Authority.--Using $4,000,000 of the amounts previously 
collected under section 7005 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (previously codified as 49 U.S.C. App. 
1682a) or section 60301 of title 49, United States Code, for each of 
the fiscal years 1996, 1997, and 1998, to the extent provided in 
advance in appropriations Acts, the Secretary shall make grants to 
States, or to operators of one-call notification systems in such 
States, which have elected to adopt a State program described in 
section 5, or to establish and maintain a State program pursuant to 
subsection (b) of this section. Such grants may be used in establishing 
one-call notification systems, modifying existing systems to conform to 
standards established under this Act, and improving systems to exceed 
such standards. Such grants may be used to--
            (1) improve communications systems linking one-call 
        notification systems;
            (2) improve location capabilities, including training 
        personnel and developing and using location technology;
            (3) improve record retention and recording capabilities;
            (4) enhance public information and education campaigns;
            (5) increase and improve enforcement mechanisms, including 
        administrative processing of violations; and
            (6) otherwise further the purposes of this Act.
    (b) Alternate Form of State Program.--The Secretary may make a 
grant under subsection (a) to a State that establishes or maintains a 
State program that differs from a State program described in section 5 
if such State program is at least as protective of the public health 
and safety and the environment as a State program described in section 
5.

SEC. 8. DEPARTMENT OF TRANSPORTATION.

    (a) Coordination With Other Responsibilities.--
            (1) Coordination.--The Secretary shall coordinate the 
        implementation of this Act with the implementation of chapter 
        601 of title 49, United States Code.
            (2) Review of programs.--Within 18 months after the date of 
        enactment of this Act, the Secretary shall review, and report 
        to Congress on, the extent to which any policies, programs, and 
        procedures of the Department of Transportation could be used to 
        achieve the purposes of this Act.
    (b) Model Program.--
            (1) Development.--Within 1 year after the date of enactment 
        of this Act, the Secretary, in consultation with facility 
        operators, excavators, one-call notification system operators, 
        and State and local governments, shall develop and make 
        available to States a model State program, including a model 
        enforcement program. Such model program may be amended by the 
        Secretary on the Secretary's initiative or in response to 
        reports submitted by the States pursuant to section 9, or as a 
        result of workshops conducted under paragraph (3) of this 
        subsection.
            (2) Suggested elements.--The model program developed under 
        paragraph (1) shall include all elements of a State program 
        described in section 5. The Secretary shall consider 
        incorporating the following elements into the model program:
                    (A) The one-call notification system or systems 
                shall--
                            (i) receive and record appropriate 
                        information from excavators about intended 
                        excavations, including--
                                    (I) the name of the person 
                                contacting the one-call notification 
                                system;
                                    (II) the name, address, and 
                                telephone number of the excavator;
                                    (III) the specific location of the 
                                intended excavation, along with the 
                                starting date thereof and a description 
                                of the intended excavation activity; 
                                and
                                    (IV) the name, address, and 
                                telephone number of the person for whom 
                                the work is being performed; and
                            (ii) maintain records on each notice of 
                        intent to excavate for the period of time 
                        necessary to ensure that such records remain 
                        available for use in the adjudication of any 
                        claims relating to the excavation.
                    (B) The provision of information on excavation 
                requirements at the time of issuance of excavation or 
                building permits, or other specific mechanisms for 
                ensuring excavator awareness.
                    (C) A requirement that any excavator must contact 
                the one-call notification system at least 2 business 
                days, and not more than 10 business days, before 
                excavation begins.
                    (D) Alternative notification procedures for 
                excavation activities conducted as a normal part of 
                ongoing operations within specific geographic locations 
                over an extended period of time.
                    (E) A requirement that facility operators--
                            (i) provide for locating and marking, in 
                        accordance with the American Public Works 
                        Association Uniform Color Code for Utilities, 
                        or otherwise identifying, in accordance with 
                        standards established by the State or the 
                        American National Standards Institute, their 
                        underground facilities at the site of an 
                        intended excavation within no more than 2 
                        business days after notification of such 
                        intended excavation; and
                            (ii) monitor such excavation as 
                        appropriate.
                    (F) Provision for notification of excavators if no 
                underground facilities are located at the excavation 
                site.
                    (G) Provision for the approval of a State program 
                under this Act with time limitations longer than those 
                required under subparagraphs (C) and (E) of this 
                paragraph where special circumstances, such as severe 
                weather conditions or remoteness of location, pertain.
                    (H) Procedures for excavators and facility 
                operators to follow when the location of underground 
                facilities is unknown.
                    (I) Procedures to improve underground facility 
                location capabilities, including compiling and 
                notifying excavators, facility operators, and one-call 
                centers of any information about previously unknown 
                underground facility locations when such information is 
                discovered.
                    (J) Alternative rules for timely compliance with 
                State program requirements in emergency circumstances.
                    (K) If a State has procedures for licensing or 
                permitting entities to do business, procedures for the 
                revocation of the license or permit to do business of 
                any excavator determined to be a habitual violator of 
                the requirements of the State program.
            (3) Workshops.--Within 6 months after the date of enactment 
        of this Act, and annually thereafter, the Secretary shall 
        conduct workshops with facility operators, excavators, one-call 
        notification system operators, and State and local governments 
        in order to develop, amend, and promote the model program, and 
        to provide an opportunity to share information among such 
        parties and to recognize State programs that exemplify the 
        goals of this Act.
    (c) Public Education.--The Secretary shall develop, in conjunction 
with facility operators, excavators, one-call notification system 
operators, and State and local governments, public service 
announcements and other educational materials and programs to be 
broadcast or published to educate the public about one-call 
notification systems, including the national phone number.

SEC. 9. STATE REPORTS.

    (a) Requirement.--
            (1) Initial report.--Within 3 years after the date of 
        enactment of this Act, each State shall submit to the Secretary 
        a report on progress made in implementing this Act.
            (2) Status reports.--Within 4\1/2\ years after the date of 
        enactment of this Act, and annually thereafter, each State 
        shall report to the Secretary on the status of its State 
        program, if any, and its requirements, and any other 
        information the Secretary requires.
    (b) Simplified Reporting Form.--Within 3 years after the date of 
enactment of this Act, the Secretary shall develop and distribute to 
the States a simplified form for complying with the reporting 
requirements of subsection (a)(2).

SEC. 10. FEDERAL REPORT.

    The Secretary shall report annually to Congress on the number and 
circumstances surrounding accidents caused by routine railroad 
maintenance.

SEC. 11. MORE PROTECTIVE SYSTEMS.

    Nothing in this Act prohibits a State from implementing a one-call 
notification system that provides greater protection for underground 
facilities from damage due to excavation than a system established 
pursuant to this Act.

SEC. 12. USE OF TECHNOLOGIES FOR REMOTE AND ABOVE-GROUND PIPELINE 
              LOCATION.

    The Secretary shall consult with other agencies as to the 
availability and affordability of technologies which will help relocate 
pipelines from above-ground and remote locations.

SEC. 13. VISION WAIVER STUDY PROGRAM.

    Pursuant to section 31136(e) of title 49, United States Code, and 
in order to further substantiate research carried out by the Secretary 
in fiscal year 1992 under the vision waiver study program, the 
Secretary shall carry out a follow-up study to such program to include 
drivers who otherwise would have qualified to participate in the 
initial vision waiver study but for the time limits on applications and 
the failure to learn of the program in a timely manner.

SEC. 14. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--It is the 
sense of Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
Act should be American-made.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Administrator of the Research and 
Special Programs Administration of the Department of Transportation, to 
the greatest extent practicable, shall provide to each recipient of the 
assistance a notice describing the statement made in subsection (a).

            Passed the House of Representatives October 3, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 4394 RFS----2