(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 under-
ground 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 consider-
ation 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, seri-
ous 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 addi-
tional penalty of imprisonment may be assessed for a
knowing and willful violation.
(c) DECREASED PENALTIES.—Each State’s consider-
ation under section 4(a) shall include consideration of re-
duced penalties for a violation, that results in or could re-
sult in damage, that is promptly reported by the violator.
(d) EQUITABLE
RELIEF
AND
MANDAMUS
AC-
TIONS.—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 con-
sideration 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 Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (pre-
viously codified as 49 U.S.C. App. 1682a) or section
60301 of title 49, United States Code, for each of the fis-
cal 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 notifica-
tion 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 im-
proving 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 ca-
pabilities;
(4) enhance public information and education
campaigns;
(5) increase and improve enforcement mecha-
nisms, including administrative processing of viola-
tions; 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 de-
scribed in section 5.
SEC. 8. DEPARTMENT OF TRANSPORTATION.
(a) COORDINATION
WITH
OTHER
RESPONSIBIL-
ITIES.—
(1) COORDINATION.—The Secretary shall co-
ordinate the implementation of this Act with the im-
plementation 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 Sec-
retary shall review, and report to Congress on, the
extent to which any policies, programs, and proce-
dures 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 con-
sultation 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 en-
forcement program. Such model program may be
amended by the Secretary on the Secretary’s initia-
tive or in response to reports submitted by the
States pursuant to section 9, or as a result of work-
shops conducted under paragraph (3) of this sub-
section.
(2) SUGGESTED ELEMENTS.—The model pro-
gram developed under paragraph (1) shall include all
elements of a State program described in section 5.
The Secretary shall consider incorporating the fol-
lowing elements into the model program:
(A) The one-call notification system or sys-
tems shall—
(i) receive and record appropriate in-
formation from excavators about intended
excavations, including—
(I) the name of the person con-
tacting the one-call notification sys-
tem;
(II) the name, address, and tele-
phone 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 tele-
phone 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 re-
main available for use in the adjudication
of any claims relating to the excavation.
(B) The provision of information on exca-
vation 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 opera-
tors—
(i) provide for locating and marking,
in accordance with the American Public
Works Association Uniform Color Code for
Utilities, or otherwise identifying, in ac-
cordance 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 notifi-
cation of such intended excavation; and