[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3318 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3318

    To amend title 49, United States Code, to improve the one-call 
             notification process, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1998

Mr. Baker (for himself and Mr. Pallone) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
    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 1998''.

SEC. 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 1998, 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 1998, 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 1998, 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.
``Sec. 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 
1998.
    ``(c) Funding for One-Call Notification Systems.--A State may 
provide funds received under this section directly to any one-call 
notification system in such State that substantially adopts the best 
practices identified under section 6105.
``Sec. 6107. Authorization of appropriations
    ``(a) For Grants to States.--There are authorized to be 
appropriated to the Secretary for fiscal year 2000 no more than 
$1,000,000 and for fiscal year 2001 no more than $5,000,000, to be 
available until expended, to provide grants to States under section 
6106.
    ``(b) For Administration.--There are authorized to be appropriated 
to the Secretary such sums as may be necessary for fiscal years 1999, 
2000, and 2001 to carry out sections 6103, 6104, and 6105.
    ``(c) General Revenue Funding.--Any sums appropriated under this 
section shall be derived from general revenues and may not be derived 
from amounts collected under section 60301 of this title.''.
    (b) Conforming Amendments.--
            (1) The analysis of chapters for subtitle III of title 49, 
        United States Code, is amended by adding at the end thereof the 
        following:

             ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM''.

            (2) Chapter 601 of title 49, United States Code, is 
        amended--
                    (A) by striking ``sections 60114 and'' in section 
                60105(a) of that chapter and inserting ``section'';
                    (B) by striking section 60114 and the item relating 
                to that section in the table of sections for that 
                chapter;
                    (C) by striking ``60114(c), 60118(a),'' in section 
                60122(a)(1) of that chapter and inserting 
                ``60118(a),'';
                    (D) by striking ``60114(c) or'' in section 60123(a) 
                of that chapter;
                    (E) by striking ``sections 60107 and 60114(b)'' in 
                subsections (a) and (b) of section 60125 and inserting 
                ``section 60107'' in each such subsection; and
                    (F) by striking subsection (d) of section 60125, 
                and redesignating subsections (e) and (f) of that 
                section as subsections (d) and (e).
                                 <all>