[Congressional Record Volume 144, Number 20 (Wednesday, March 4, 1998)]
[Extensions of Remarks]
[Page E283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  INTRODUCTION OF THE COMPREHENSIVE ONE-CALL NOTIFICATION ACT OF 1998

                                 ______
                                 

                         HON. RICHARD H. BAKER

                              of louisiana

                    in the house of representatives

                        Wednesday, March 4, 1998

  Mr. BAKER. Mr. Speaker, I rise today joined by the distinguished 
gentleman from New Jersey, Mr. Pallone, in introducing the 
``Comprehensive One-Call Notification Act of 1998.''
  This is an industry initiated, self-help, pro-environment bill that 
places public health and human safety at the very top of the list of 
our concerns as this nation builds an underground infrastructure that 
we all rely on for the movement of goods and services across this 
country.
  The introduction of this legislation addresses an important national 
public safety issue--the prevention of damage to this nation's 
underground infrastructure. My bill is aimed at improving state one-
call notification, or ``call-before-you-dig,'' systems. Participation 
in one-call programs saves lives and protects the environment by 
reducing the number of accidents caused by excavation near unmarked 
facilities.
  These accidents are serious business--something my constituents know 
about first-hand. In May 1996, an underground petroleum pipeline near 
Grammercy, Louisiana, was hit, causing the release of 8,400 barrels of 
highly flammable gasoline into a nearby swamp. The accident killed 
hundreds of fish, six alligators, snakes and at least one deer. It 
caused the closure of U.S. Route 61, inconveniencing scores of re-
routed drivers. It forced the shutdown of the Kansas City Southern 
Railroad. And finally, the bearer of the Olympic torch, who just 
happened to be passing through the area on the way to the opening of 
the Atlanta games, was forced to detour.
  This accident was caused when an unknown excavator dug into the pipe, 
and failed to report the damage. Mr. Speaker, my bill could prevent 
such terrible accidents.
  Too often, laws are only changed as a result of a disaster, such as 
the one in Louisiana. In Louisiana, we learned from our experience. We 
passed a strong state one-call law. Now it is time for the rest of the 
nation to follow suit.
  One-call programs work by giving excavators a clearinghouse to use 
prior to beginning a project. A contractor or other excavator calls a 
central number and notifies the one-call center of the location of the 
planned excavation. The one-call center then notifies all pipelines, 
utilities and phone companies in the area of the proposed excavation, 
so that all underground facilities can be located and marked. The 
excavator can then work around the underground utilities, and avoid the 
use of heavy equipment near such facilities.
  Better communication is the answer, and better communication is what 
one-call centers are all about. But while 49 states have one-call 
statutes and programs, these programs vary widely in the level of 
required participation, and in the overall effectiveness of damage 
prevention. Some states exempt certain groups of excavators, and some 
states exempt certain underground facility operators. The result is an 
accident rate that is much too high. This is unacceptable.
  We must improve the effectiveness of state one-call programs--before 
another disaster occurs. And that is precisely what this legislation 
does.
  The idea is simple: prevent accidents by establishing an open line of 
communication. All excavators should call before digging. All 
underground facility operators should accurately mark their facilities. 
And states should enforce their own laws to discourage violations.
  The answer to better one-call systems is not billions of dollars in 
federal money, or federal mandates on the states. The answer is 
national leadership on improving one-call systems nationwide, followed 
by more comprehensive and consistent programs in all 50 states.
  Mr. Speaker, this bill does not try to write the perfect one-call 
statute. Those decisions need to be made at the state level, by those 
involved in looking at the unique problems within a particular state. 
What this legislation does do is encourage states to provide for a 
maximum level of one-call participation by all excavators and all 
underground facility operators. It also encourages states to develop 
more effective enforcement efforts.
  On the question of exemptions, the bill advocates the use of a risk-
based analysis to determine whether a party should be required to 
participate. Those entities which represent a potential risk to the 
public or the environment should be required to participate. On the 
other hand, those who represent only a de minimis risk can participate 
on a voluntary basis, if at all. The whole question of whether 
exemptions should be made, however, is still left to the states. 
Ultimately, it is the state governments which need to be examining the 
unique situations within their borders.
  My legislation is based on incentives, not mandates. If a state feels 
that its one-call program provides the level of coverage and 
enforcement envisioned in this legislation, then it can apply to the 
Department of Transportation for a one-time grant. We are, in essence, 
rewarding the ``A'' students and encouraging the others to do better. 
States are not compelled to apply for a grant, and they are not 
punished if they chose not to participate. This legislation does give 
the advocates of stronger one-call programs one more tool to use in 
their efforts at the state level.
  Let me be clear. This legislation is not a federal ``takeover'' of 
state one-call programs. To the contrary, the goal of my legislation is 
to support states in their efforts to improve the quality of 
underground damage prevention. After this becomes law, states will 
continue to exercise exclusive jurisdiction over one-call programs 
within their borders. I view this type of legislation as an example of 
the kind of responsible federalism that should be supported by this 
Congress, and extended to other programs as well.
  Similar legislation has already passed unanimously in the other 
chamber. That legislation, S. 1115, was sponsored by Majority Leader 
Trent Lott and Minority Leader Tom Daschle, as well as a host of other 
Republicans and Democrats. The bipartisan support of the Senate bill is 
something I believe will happen in the House as well.
  Improving public safety is not a partisan issue. All of us want to do 
a better job in preventing life-threatening accidents. I want to 
encourage my Republican and Democratic colleagues to join me in 
supporting this legislation.
  Mr. Speaker, I look forward to working with my colleagues on both 
sides of the aisle to move the process forward here in the House and 
send this common sense initiative to the President for his signature. 
The Comprehensive One-Call Notification Act provides a public policy 
statement which is long overdue. My state of Louisiana learned its 
lesson the hard way. It's time for the rest of the country to follow 
our example. Let's not wait for another accident. Let's improve One-
Call programs today.

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