Sec. 211. Elements and evaluation of State damage prevention programs
456 words·~2 min read·
/bill/119/s/2975/is/section-211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 60134 of title 49, United States Code, is amended— in subsection (b)— in the subsection heading, by inserting before State ; Damage by redesignating paragraphs
(1)through
(9)as subparagraphs
(A)through (I), respectively; in the matter preceding subparagraph
(A)(as so redesignated), by striking An and inserting the following: An ; in paragraph
(1)(as so designated)— by indenting subparagraphs
(A)through
(I)appropriately; and by adding at the end the following: A State one-call program that includes, or is making substantial progress toward including, the one-call leading practices described in paragraph (2). ; and by adding at the end the following: The one-call leading practices referred to in paragraph (1)(J) are the following: Restricting the size or scope of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets). Restricting the longevity of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets). Specifying tolerance (soft-dig only) zone horizontal dimensions. Specifying tolerance zone requirements. Specifying emergency excavation notification requirements. Specifying the responsibilities of excavators, including the reporting of damages or suspected damages. Defining who is an excavator and what is considered excavation. Requiring the use of white-lining. Requiring a positive response before excavation begins, such as a utility, municipality, or other entity that places the relevant marks positively responding to the notification center, and the excavator checking for that positive response before beginning excavation. Requiring that newly installed underground facilities be locatable with commercially available technology. Requiring the marking of sewer lines and laterals. Specifying the qualifications of, and requirements for, those excavators performing trenchless excavation activities that are not subject to pipeline construction requirements under part 192 or 195 of title 49, Code of Federal Regulations (or successor regulations). ; and in subsection (c)— by striking In and inserting the following: In ; and by adding at the end the following: The evaluation criteria used by the Secretary for determining the effectiveness of a State damage prevention program shall include consideration of whether the State, at a minimum— engages in effective, active, and meaningful enforcement of State one-call laws, including the efficacy of fines and penalties; requires reporting to the local one-call center of excavation damage events that affect pipelines and other underground facilities that are not privately owned, including (to the extent available at the time of the reporting)— information about the nature of the incident, including its apparent cause; the organizations involved; the impact to public safety, utility operations, and customer service; and the impact to the environment; and limits exemptions to State damage prevention laws. . Section 60114(f) of title 49, United States Code, is amended by striking section 60134(b)(7) and inserting section 60134(b)(1)(G) .