[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12414-S12416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            COMPREHENSIVE ONE-CALL NOTIFICATION ACT OF 1997

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 280, S. 1115.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A bill (S. 1115) to amend title 49, United States Code, to 
     improve the one-call notification process, and for other 
     purposes.

  The Senate proceeded to consider the bill.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the bill be 
considered read a third time and passed; that the motion to reconsider 
be laid upon the table; and that any statements relating to the bill 
appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1115) was read the third time and passed, as follows:

[[Page S12415]]

                                S. 1115

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive One-Call 
     Notification Act of 1997''.

     SECTION 2. FINDINGS.

       The Congress finds that--
       (1) unintentional damage to underground facilities during 
     excavation is a significant cause of disruptions in 
     telecommunications, water supply, electric power and other 
     vital public services, such as hospital and air traffic 
     control operations, and is a leading cause of natural gas and 
     hazardous liquid pipeline accidents;
       (2) excavation that is performed without prior notification 
     to an underground facility operator or with inaccurate 
     marking of such a facility prior to excavation can cause 
     damage that results in fatalities, serious injuries, harm to 
     the environment and disruption of vital services to the 
     public; and
       (3) protection of the public and the environment from the 
     consequences of underground facility damage caused by 
     excavations will be enhanced by a coordinated national effort 
     to improve one-call notification programs in each State and 
     the effectiveness and efficiency of one-call notification 
     system that operate under such programs.

     SEC. 3. ESTABLISHMENT OF ONE-CALL PROGRAM.

       (a) In General.--Subtitle III of title 49, United States 
     Code, is amended by adding at the end thereof the following:

              ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM

``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.

     ``Sec. 6101. Purposes.

       ``The purposes of this chapter are--
       ``(1) to enhance public safety;
       ``(2) to protect the environment;
       ``(3) to minimize risks to excavators; and
       ``(4) to prevent disruption of vital public services,

     by reducing the incidence of damage to underground facilities 
     during excavation through the adoption and efficient 
     implementation by all States of State one-call notification 
     programs that meet the minimum standards set forth under 
     section 6103.

     ``Sec. 6102. Definitions.

       ``For purposes of this chapter--
       ``(1) One-call notification system.--The term ``one-call 
     notification system'' means a system operated by an 
     organization that has as one of its purposes to receive 
     notification from excavators of intended excavation in a 
     specified area in order to disseminate such notification to 
     underground facility operators that are members of the system 
     so that such operators can locate and mark their facilities 
     in order to prevent damage to underground facilities in the 
     course of such excavation.
       ``(2) State one-call notification program.--The term 
     ``State one-call notification program'' means the State 
     statutes, regulations, orders, judicial decisions, and other 
     elements of law and policy in effect in a State that 
     establish the requirements for the operation of one-call 
     notification systems in such State.
       ``(3) State.--The term `State' means a State, the District 
     of Columbia, and Puerto Rico.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

     ``Sec. 6103. Minimum standards for State one-call 
       notification programs

       ``(a) Minimum Standards.--A State one-call notification 
     program shall, at a minimum, provide for--
       ``(1) appropriate participation by all underground facility 
     operators;
       ``(2) appropriate participation by all excavators; and
       ``(3) flexible and effective enforcement under State law 
     with respect to participation in, and use of, one-call 
     notification systems.
       ``(b) Appropriate Participation.--In determining the 
     appropriate extent of participation required for types of 
     underground facilities or excavators under subsection (a), a 
     State shall assess, rank, and take into consideration the 
     risks to the public safety, the environment, excavators, and 
     vital public services associated with
       ``(1) damage to types of underground facilities; and
       ``(2) activities of types of excavators.
       ``(c) Implementation.--A State one-call notification 
     program also shall, at a minimum, provide for
       ``(1) consideration of the ranking of risks under 
     subsection (b) in the enforcement of its provisions;
       ``(2) a reasonable relationship between the benefits of 
     one-call notification and the cost of implementing and 
     complying with the requirements of the State one-call 
     notification program; and
       ``(3) voluntary participation where the State determines 
     that a type of underground facility or an activity of a type 
     of excavator poses a de minimis risk to public safety or the 
     environment.
       ``(d) Penalties.--To the extent the State determines 
     appropriate and necessary to achieve the purposes of this 
     chapter, a State one-call notification program shall, at a 
     minimum, provide for
       ``(1) administrative or civil penalties commensurate with 
     the seriousness of a violation by an excavator or facility 
     owner of a State one-call notification program;
       ``(2) increased penalties for parties that repeatedly 
     damage underground facilities because they fail to use one-
     call notification systems or for parties that repeatedly fail 
     to provide timely and accurate marking after the required 
     call has been made to a one-call notification system;
       ``(3) reduced or waived penalties for a violation of a 
     requirement of a State one-call notification program that 
     results in, or could result in, damage that is promptly 
     reported by the violator;
       ``(4) equitable relief; and
       ``(5) citation of violations.

     ``Sec. 6104. Compliance with minimum standards

       ``(a) Requirement.--In order to qualify for a grant under 
     section 6106, each State shall, within 2 years after the date 
     of the enactment of the Comprehensive One-Call Notification 
     Act of 1997, submit to the Secretary a grant application 
     under subsection (b).
       ``(b) Application.--
       ``(1) Upon application by a State, the Secretary shall 
     review that State's one-call notification program, including 
     the provisions for implementation of the program and the 
     record of compliance and enforcement under the program.
       ``(2) Based on the review under paragraph (1), the 
     Secretary shall determine whether the State's one-call 
     notification program meets the minimum standards for such a 
     program set forth in section 6103 in order to qualify for a 
     grant under section 6106.
       ``(3) In order to expedite compliance under this section, 
     the Secretary may consult with the Secretary may consult with 
     the State as to whether an existing State on-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 is that program 
     provides protection for public safety, the environment, or 
     excavators that is equivalent to, or greater than, protection 
     under a program that meets the minimum standards set forth in 
     section 6103.
       ``(d) Report.--Within 3 years after the date of the 
     enactment of the Comprehensive One-call Notification Act of 
     1997, the Secretary shall begin to include the following 
     information in reports submitted under section 60124 of this 
     title--
       ``(1) a description of the extent to which each State has 
     adopted and implemented the minimum Federal standards under 
     section 6103 or maintains an alternative program under 
     subsection (c);
       ``(2) an analysis by the Secretary of the overall 
     effectiveness of the State's one-call notification program 
     and the one-call notification systems operating under such 
     program in achieving the purposes of this chapter;
       ``(3) the impact of the State's decisions on the extent or 
     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

[[Page S12416]]

     programs, including use of public service announcements and 
     educational materials and programs;
       ``(3) the methods by which one-call notification systems 
     receive and distribute information from excavators and 
     underground facility owners;
       ``(4) the use of any performance and service standards to 
     verify the effectiveness of a one-call notification system;
       ``(5) the effectiveness and accuracy of mapping used by 
     one-call notification systems;
       ``(6) the relationship between one-call notification 
     systems and preventing intentional damage to underground 
     facilities;
       ``(7) how one-call notification systems address the need 
     for rapid response to situations where the need to excavate 
     is urgent;
       ``(8) the extent to which accidents occur due to errors in 
     marking of underground facilities, untimely marking or errors 
     in the excavation process after a one-call notification 
     system has been notified of an excavation;
       ``(9) the extent to which personnel engaged in marking 
     underground facilities may be endangered;
       ``(10) the characteristics of damage prevention programs 
     the Secretary believes could be relevant to the effectiveness 
     of State one-call notification programs; and
       ``(11) the effectiveness of penalties and enforcement 
     activities under State one-call notification programs in 
     obtaining compliance with program requirements.
       ``(c) Report.--Within 1 year after the date of the 
     enactment of the Comprehensive One-Call Notification Act of 
     1997, the Secretary shall publish a report identifying those 
     practices of one-call notification systems that are the most 
     and least successful in--
       ``(1) preventing damage to underground facilities; and
       ``(2) providing effective and efficient service to 
     excavators and underground facility operators.

     The Secretary shall encourage States and operators of one-
     call notification programs to adopt and implement the most 
     successful practices identified in the report.
       ``(d) Secretarial Discretion.--Prior to undertaking the 
     study described in subsection (a), the Secretary shall 
     determine whether timely information described in subsection 
     (b) is readily available. If the Secretary determines that 
     such information is readily available, the Secretary is not 
     required to carry out the study.

     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 
     1997.
       ``(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 in fiscal year 1999 no more 
     than $1,000,000 and in fiscal year 2000 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 
     during fiscal years 1998, 1999, and 2000 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).

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