[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 164 Introduced in Senate (IS)]

  1st Session
                                 S. 164

   To require States 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 excavations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 5, 1995

 Mr. Bradley (for himself, Mr. Specter, Mr. Lautenberg, and Mr. Exon) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To require States 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 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 1995''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Damage.--The term ``damage'' means--
                    (A) impact or contact with an underground facility, 
                its appurtenances, or its protective coating; or
                    (B) weakening of the support for the facility or 
                protective housing that requires repair.
            (2) Excavation.--The term ``excavation''--
                    (A) means an operation in which earth, rock, or 
                other material in the ground is moved, removed, or 
                otherwise displaced by means of a mechanized tool or 
                equipment or by means of an explosive; but
                    (B) does not include--
                            (i) a generally accepted normal 
                        agricultural practice or activity taken in 
                        support of such a practice, as determined by 
                        each State, including tilling of the soil for 
                        agricultural purposes to a depth of 18 inches 
                        or less;
                            (ii) a generally accepted normal lawn and 
                        garden activity, as determined by each State;
                            (iii) the excavation of a gravesite in a 
                        cemetery; or
                            (iv) such routine railroad maintenance as 
                        such maintenance would disturb the ground to a 
                        depth of no more than 18 inches, as measured 
                        from the surface of the ground, in accordance 
                        with rules adhered to by a railroad requiring 
                        underground facilities other than its own to be 
                        buried 3 feet or lower on its property or along 
                        its right-of-way.
            (3) Excavator.--The term ``excavator'' means a person that 
        conducts excavation.
            (4) Facility operator.--The term ``facility operator'' 
        means a person that operates an underground facility.
            (5) Hazardous liquid.--The term ``hazardous liquid'' has 
        the meaning stated 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 an 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 replacement of crossties.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (10) State.--The term ``State'' has the meaning stated 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''--
                    (A) means an 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 commodity that the 
                Secretary determines should be included under the 
                requirements of this Act; but
                    (B) does not include a portion of a line, system, 
                or structure if the person that owns or leases, or 
                holds an oil or gas mineral leasehold interest in, the 
                real property in which that 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 that person, except to the 
                extent that that portion--
                            (i) contains predominantly natural gas or 
                        hazardous liquids; and
                            (ii)(I) 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 that title); or
                            (II) 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.--
            (1) In general.--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.
            (2) New or existing program.--A 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.--
            (1) Notice and hearing.--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.
            (2) Part of general proceeding.--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 
        that 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 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;
            (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; and
            (11) provide that 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.
    (b) Exception.--When excavation is undertaken by or for a person on 
real property that is owned or leased by, or in which an oil or gas 
mineral leasehold interest is held by, that person, and that 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 conducting excavation.

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 that 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.--
            (1) Funding.--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, that 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.
            (2) General purposes.--Grants under subsection (a) may be 
        used in--
                    (A) establishing one-call notification systems;
                    (B) modifying existing systems to conform to 
                standards established under this Act; and
                    (C) improving systems to exceed those standards.
            (3) Particular uses.--Grants under subsection (a) may be 
        used to--
                    (A) improve communications systems linking one-call 
                notification systems;
                    (B) improve location capabilities, including 
                training personnel and developing and using location 
                technology;
                    (C) improve record retention and recording 
                capabilities;
                    (C) enhance public information and education 
                campaigns;
                    (E) increase and improve enforcement mechanisms, 
                including administrative processing of violations; and
                    (F) 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 the 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.--
                    (A) Initial model program.--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.
                    (B) Amendments.--The 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).
            (2) Mandatory elements.--The model program developed under 
        paragraph (1) shall include all elements of a State program 
        described in section 5.
            (3) Other elements.--The Secretary shall consider 
        incorporating the following elements into the model program:
                    (A) Recordation of information.--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) Provision of information.--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) Advance contact.--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.--
                Alternative notification procedures for excavation 
                activities conducted as a normal part of continuing 
                operations within specific geographic locations over an 
                extended period of time.
                    (E) Marking of facilities; monitoring of 
                excavation.--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) Notification of no underground facilities.--
                Provision for notification of excavators if no 
                underground facilities are located at the excavation 
                site.
                    (G) Longer time limitations.--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) Unknown locations.--Procedures for excavators 
                and facility operators to follow when the location of 
                underground facilities is unknown.
                    (I) Improvement of capabilities.--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.--
                Alternative rules for timely compliance with State 
                program requirements in emergency circumstances.
                    (K) Revocation of licenses and permits.--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.
            (4) 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.
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