[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            COMPREHENSIVE ONE-CALL NOTIFICATION ACT OF 1994

  Mr. SHARP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4394) to provide for the establishment of mandatory State-
operated comprehensive one-call systems to protect natural gas and 
hazardous liquid pipelines and all other underground facilities from 
being damaged by any excavations, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4394

       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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana [Mr. Sharp] will be recognized for 20 minutes, and the 
gentleman from California [Mr. Moorhead] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Indiana, [Mr. Sharp].
  Mr. SHARP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4394, the Comprehensive One-
Call Notification Act of 1994. This bill addresses the need for 
nationwide minimum standards for one-call notification systems. The 
purpose of these systems is to enable excavators to make one phone call 
to determine the location of any underground facilities. The one-call 
center then notifies any underground facility operators, who are 
responsible for locating and marking their facilities, thereby greatly 
reducing the risk of damaging an underground facility.
  The natural gas pipeline explosion that occurred in Edison, NY, last 
March, was caused by excavation damage, often referred to as third-
party damage, and it demonstrates the need for Federal attention to 
this matter.
  Forty-nine States currently have some sort of one-call system in 
place although the scope of coverage and level of participation varies 
from State to State. It is the goal of H.R. 4394 to improve and enhance 
each State's program to provide the greatest amount of protection to 
underground facilities including natural gas and hazardous liquid 
pipelines, fiber optic cables, electric cables, etc. Digging near such 
underground facilities can result in injury or death to the excavator 
and destruction of property surrounding the excavation site. By 
reducing the risk of excavation damage that occurs as a result of not 
knowing where underground facilities are buried, this legislation will 
not only help protect those facilities, but will also help save the 
lives of excavators and those living in the vicinity of the excavation 
site.
  H.R. 4394 takes as a step closer to ensuring the safety and 
reliability of underground facilities, excavators, and the public in 
general. All that is required of States is that they formally consider 
the Federal program that is outlined in the bill and make a 
determination as to whether or not it is an appropriate system for 
their State. This legislation does nothing to undermine the efforts of 
the 49 States with existing one-call programs. Instead, it encourages 
improvement and gives the States the needed flexibility to develop 
programs that are consistent with the individual needs of each State. 
The Secretary is authorized to award grants to States that either adopt 
the Federal program or certify that their program is at least as 
protective of public health and safety as the Federal program. The bill 
also directs the Secretary to develop a model program that will be used 
for education and promotion of the one-call system. This model will be 
developed and amended at yearly DOT workshops and will include 
participation by underground facility operators, excavators, Federal, 
State, and local governments, one-call system representatives, and 
industry.
  Mr. Speaker, I would like to thank my colleagues Mr. Pallone and 
Senator Bradley from New Jersey for leading on this legislation and 
working to make it a reality. This bill has enjoyed widespread support 
from its onset. We have worked closely over the past 6 months with 
representatives from industry, Federal, State, and local government, 
utilities, and one-call systems as well as the majority and minority 
members of the House Energy and Commerce Committee, the House Public 
Works Committee, and the Senate Commerce Committee to ensure the 
development of a consensus on this important piece of legislation. 
Consensus would not have been possible had it not been for the 
dedication and hard work of everyone involved.
  In conclusion, Mr. Speaker, I just want to emphasize that this is a 
good piece of legislation that has been long awaited. I am happy to see 
that we have developed a consensus and can proceed forward on passage 
of H.R. 4394.
  Mr. Speaker, I am very pleased to say that we have very broad based 
support for this legislation. It comes out of the Committee on Energy 
and Commerce and out of the Committee on Public Works and 
Transportation where the gentleman from California [Mr. Mineta], the 
gentleman from West Virginia [Mr. Rahall] the gentleman from 
Pennsylvania [Mr. Shuster], and the gentleman from Wisconsin [Mr. 
Petri], have worked very hard on this, and from our committee, the 
gentleman from Michigan [Mr. Dingell], myself, the gentleman from 
California [Mr. Moorhead], and the gentleman from Florida [Mr. 
Bilirakis], have been engaged, and, in particular, one of our 
colleagues from New Jersey, whose district the accident occurred in 
[Mr. Pallone], has been very effective in trying to move the House and 
Senate forward on this legislation.
  We bring it to Members of the House after having worked out many of 
the details and many of the controversies, with essentially a broad-
based consensus approach here and no real controversy at this point.
  Mr. RAHALL. Mr. Chairman, will the gentleman yield?
  Mr. SHARP. I am happy to yield to the gentleman from West Virginia 
[Mr. Rahall], the distinguished chairman of the Subcommittee on Surface 
Transportation of the Committee on Public Works and Transportation, and 
a key member in bringing this legislation forward.
  Mr. RAHALL. Mr. Speaker, I do express our deep appreciation to the 
gentleman from Indiana [Mr. Sharp], for his leadership on pipeline 
issues. It is leadership we will miss in the next session of Congress 
with the imminent retirement of Mr. Sharp, our friend and colleague, 
but we do appreciate his work on this and a number of other issues 
before the Congress.
  The pending measure, as the gentleman adequately explained, is a 
product of both of our committee's deliberations. I would simply urge 
it be adopted.
  Mr. SHARP. Mr. Speaker, I reserve the balance of my time.
  Mr. MOORHEAD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4394, the Comprehensive One-
Call Notification Act of 1994. The recent natural gas pipeline 
accidents have emphasized a need for the comprehensive approach his 
bill takes towards reducing the risk of third party damage to buried 
facilities.
  Since most damage to pipelines and other types of underground 
facilities are caused by third-parties, this bill minimizes this risk 
by requiring States to consider creating one-call notification systems.
  One-call notification systems are mechanisms by which excavators 
communicate with buried facility owners and operators. Establishing 
these systems makes good sense because they reduce the hazard posed by 
underground facilities to workers and the general public when 
excavation is done and because they save the cost of repairing 
underground facilities damaged by excavation.
  The most important feature of this bill is the fact that it gives 
States the flexibility to tailor one-call systems to meet their own 
specific situations. Each State has different needs. By setting minimum 
standards, this bill does not take a one-size-fits-all approach, but 
preserves the ability of the States to design their own programs. In 
fact, it specifically allows a State to do more if a State believes it 
needs more protection.
  When this bill was first introduced I had questions about some of its 
provisions. I was especially concerned about unnecessary Federal 
intervention in already existing State programs, the impact it would 
have on oil and gas producers who owned their own pipelines, and the 
harsh civil and criminal penalties for violations of the act. I 
appreciate the efforts of everyone involved, to work out these issues 
and reach the bipartisan bill which is before us today.
  The one-call initiative contained in this bill will help reduce the 
risk to human health and the environment and will save all underground 
facility owners millions of dollars in costly repairs from third-party 
damage. Thus, I support this legislation and encourage my fellow 
Members to support it.

                              {time}  1550

  Mr. SHARP. Mr. Speaker, I yield 3 minutes to the gentleman from 
California [Mr. Mineta], the distinguished chairman of the Committee on 
Public Works and Transportation, who really worked at a critical stage 
in consideration to help us get this through despite an extremely heavy 
workload.
  (Mr. MINETA asked and was given permission to revise and extend his 
remarks.)
  Mr. MINETA. Mr. Speaker, first of all, I want to thank both 
Congressman Rahall and Congressman Petri for the expeditious manner in 
which they have moved H.R. 4394. I also want to commend them for all 
their efforts this session on a wide range of surface transportation 
issues. In addition, I'd like to personally thank my colleagues from 
New Jersey, Congressmen Pallone and Franks, for their support of this 
bill. H.R. 4394, as many of you know, was introduced by Congressman 
Pallone in the wake of the devastating pipeline accident that occurred 
in his New Jersey district on March 24, 1994.
  As I stated in a recent hearing held by our subcommittee on this 
issue, this committee has long supported the worthiness of the concept 
for one-call notification programs. In fact, we mandated in the 1988 
Pipeline Safety Reauthorization Act that the Secretary establish 
minimum Federal requirements for State one-call programs. The 
requirements are applicable to excavations in the vicinity of 
pipelines. That legislation, however, was limited to pipelines only, 
and did not apply to other underground facilities.
  It has long been known that third party damage is the primary cause 
of pipeline failures. The legislation before us today appears to make a 
significant inroad into rectifying this situation, which should 
certainly enhance the safety of all underground facilities and their 
operation.
  I urge support for the bill and also want to recognize the efforts of 
the leadership of the Committee on Energy and Commerce who worked with 
us cooperatively to fashion a good bill. I thank them and the gentleman 
from Indiana for yielding. I also wish Chairman Sharp many happy days 
as a retiree.
  Mr. MOORHEAD. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Wisconsin [Mr. Petri].
  Mr. PETRI. Mr. Speaker, third party damage is the leading cause of 
accidents to pipelines and underground facilities. This bill will 
encourage States to set up or improve one-call systems so that before 
any digging is begun, underground facilities can be located and marked 
and accidental hits prevented.
  It is important to note that H.R. 4394 requires States only to 
consider whether to adopt a comprehensive one-call system containing 
certain elements outlined in the bill. There is no mandate that each 
State establish a specific program as prescribed by the Federal 
Government and there are no penalties if it determines not to do so.
  In addition, exemptions are provided for certain agriculture, 
railroad maintenance and lawn and gardening activities which do not 
pose a serious risk.
  Finally, H.R. 4394 also contains a provision to allow the Department 
of Transportation to conduct a follow-up study to the Vision Waiver 
Study under the Commercial Drivers License Program.
  Mr. Speaker, most States already have some type of system in place 
and they have been proven to be effective in preventing costly 
accidents and saving lives and property. This relatively simple bill 
can accomplish a lot in encouraging States to adopt more comprehensive 
one-call systems.
  In closing, I want to commend my colleagues on the Public Works and 
Transportation Committee and the Energy and Commerce Committee for 
working together in a cooperative spirit to move this bill forward.
  I urge the House to pass H.R. 4394 today.
  Mr. Speaker, I would like to particularly note the efforts of the 
gentleman from Indiana [Mr. Sharp] on this and numerous other 
legislation during his years in this Congress. He, as much as any, is 
the father of natural gas deregulation, which has been a tremendous 
success in our country and has paved the way for similar efforts in a 
number of other areas that have benefited our economy and the people of 
this country. We hear a lot about failures around here. I think 
sometimes we do not adequately recognize success. He can leave with his 
head high. He has done a tremendous job as a Member of this body.
  Mr. FRANKS of New Jersey. Mr. Speaker, today I rise in strong support 
of H.R. 4394, the Comprehensive One-Call Notification Act of 1994. As 
the lead Republican sponsor of this legislation, I commend my colleague 
from New Jersey, Mr. Pallone, for his diligent efforts to bring this 
bill to the floor today.
  As my colleagues are aware, on March 24, 1994, a 36-inch interstate 
natural gas transmission pipeline, operated by the Texas Eastern Gas 
Pipeline Co., exploded in Edison, NJ. Miraculously, only one person 
died, and 29 people were injured due to the explosion. One hundred 
twenty-eight units of the nearby Durham Woods condominium complex, 
eight apartment buildings, were destroyed. The residents of Durham 
Woods literally had to run for their lives in the middle of the night 
in order to escape the approaching inferno. When those who could return 
did so the next day, they found their possessions either charred or 
incinerated. The blast, whose flames reached heights above 500 feet, 
was so intense that many residents thought they were witnessing a 
nuclear explosion.
  Clearly, the residents of Durham Woods were extremely fortunate to 
have escaped with their lives. However, the more than 500 people who 
have died due to natural gas pipeline accidents since 1970 have not 
been as lucky. I believe that greater precautions must be taken to 
prevent another Durham Woods-type disaster. One important step congress 
can take right now is to pass this legislation. I believe that H.R. 
4394, as amended by the House Public Works and Transportation 
Committee, presents a reasonable framework to ensure that before 
digging is commenced, the excavator knows what lies below the ground. 
Since half of all accidents are attributable to third-party damage, a 
national one-call law could avert many preventable disasters.
  Mr. Speaker, it is clear that legislative changes must be made in 
order to better protect the millions of Americans who live and work 
near natural gas pipelines. In my home State, mandatory one-call 
legislation is expected to be signed into law by Governor Christine 
Todd Whitman sometime this week. One-call notification legislation, 
however, needs to be made national to ensure uniform protection for all 
Americans. Therefore, I urge all my colleagues to vote ``yea'' on H.R. 
4394.
  Mr. FIELDS of Texas. Mr. Speaker, during the course of consideration 
of this legislation, I believe that it is vitally important that you 
and your colleagues have a clear understanding of what ``routine 
railroad maintenance'' as defined in H.R. 4394, means.
  According to the proposed language, ``routine railroad maintenance'' 
includes such activities as ballast cleaning, general ballast work, 
track lining and surfacing, signal maintenance, and the replacement 
crossties.
  This definition specifically excludes ditch cleaning. Evidence shows 
that a significant number of incidents have occurred where ditch 
cleaning by railroads have resulted in damage to underground 
telecommunications facilities. In particular, the major long-distance 
carriers alone report over 20 activities. There are another 20 or so 
incidents of near misses where the railroads came within inches of 
damaging the fiber optic networks.
  Mr. Speaker, in light of our increasing reliance on the much-touted 
information superhighway, the railroad exemption must be narrowly 
construed in order to provide security to our buried telecommunications 
facilities. Thank you.
  Mr. SHARP. Mr. Speaker, I yield back the balance of my time.
  Mr. MOORHEAD. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER (Mr. Miller of California). The question is on the motion 
offered by the gentleman from Indiana [Mr. Sharp] that the House 
suspend the rules and pass the bill, H.R. 4394, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to require 
State's to consider adopting mandatory, comprehensive, Statewide one-
cell 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.''.
  A motion to reconsider was laid on the table.

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