I
105TH CONGRESS
2D SESSION
H. R. 3318
To amend title 49, United States Code, to improve the one-call notification
process, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1998
Mr. BAKER (for himself and Mr. PALLONE) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to improve the
one-call notification process, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1998’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) unintentional damage to underground facili-
ties during excavation is a significant cause of dis-
ruptions in telecommunications, water supply, elec-
tric 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 fatali-
ties, serious injuries, harm to the environment and
disruption of vital services to the public; and
(3) protection of the public and the environ-
ment from the consequences of underground facility
damage caused by excavations will be enhanced by
a coordinated national effort to improve one-call no-
tification programs in each State and the effective-
ness and efficiency of one-call notification systems
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.
‘‘§ 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 facili-
ties 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.
‘‘§ 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
PRO-
GRAM.—The term ‘‘State one-call notification pro-
gram’’ means the State statutes, regulations, orders,
judicial decisions, and other elements of law and pol-
icy in effect in a State that establish the require-
ments for the operation of one-call notification sys-
tems 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.
‘‘§ 6103. Minimum standards for State one-call notifi-
cation programs
‘‘(a) MINIMUM STANDARDS.—A State one-call notifi-
cation program shall, at a minimum, provide for—
‘‘(1) appropriate participation by all under-
ground 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
‘‘(c) ALTERNATIVE PROGRAM.—A State may main-
tain an alternative one-call notification program if that
program provides protection for public safety, the environ-
ment, 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 1998, 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 pro-
gram 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 of required participation in one-call notifica-
tion systems on prevention of damage to under-
ground 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 deter-
mines that the purposes of this chapter have been substan-
tially achieved, no further report under this section shall
be required.
‘‘§ 6105. Review of one-call system best practices
‘‘(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—Ex-
cept as provided in subsection (d), the Secretary, in con-
sultation with other appropriate Federal agencies, State
agencies, one-call notification system operators, under-
ground facility operators, excavators, and other interested
parties, shall undertake a study of damage prevention
practices associated with existing one-call notification sys-
tems.
‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVENTION
PRACTICES.—The purpose of the study is to assemble in-
formation in order to determine which existing one-call no-
tification systems practices appear to be the most effective
in preventing damage to underground facilities and in pro-
tecting 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 ex-
cavators and owners of underground facilities;
‘‘(2) the methods by which one-call notification
systems promote awareness of their programs, in-
cluding use of public service announcements and
educational materials and programs;
‘‘(3) the methods by which one-call notification
systems receive and distribute information from ex-
cavators and underground facility owners;
‘‘(4) the use of any performance and service
standards to verify the effectiveness of a one-call no-
tification system;
‘‘(5) the effectiveness and accuracy of mapping
used by one-call notification systems;
‘‘(6) the relationship between one-call notifica-
tion 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 pro-
grams; and
‘‘(11) the effectiveness of penalties and enforce-
ment activities under State one-call notification pro-
grams in obtaining compliance with program re-
quirements.
‘‘(c) REPORT.—Within 1 year after the date of the
enactment of the Comprehensive One-Call Notification Act
of 1998, 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 facili-
ties; 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 undertak-
ing the study described in subsection (a), the Secretary
shall determine whether timely information described in
subsection (b) is readily available. If the Secretary deter-
mines that such information is readily available, the Sec-
retary is not required to carry out the study.
‘‘§ 6106. Grants to States
‘‘(a) IN GENERAL.—The Secretary may make a grant
of financial assistance to a State that qualifies under sec-
tion 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 tech-
nology;
‘‘(4) record retention and recording capabilities
for one-call notification systems;
‘‘(5) public information and education;
‘‘(6) participation in one-call notification sys-
tems; 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 im-
proving 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 No-
tification Act of 1998.
‘‘(c) FUNDING FOR ONE-CALL NOTIFICATION SYS-
TEMS.—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 identi-
fied under section 6105.
‘‘§ 6107. Authorization of appropriations
‘‘(a) FOR GRANTS TO STATES.—There are author-
ized to be appropriated to the Secretary for fiscal year
2000 no more than $1,000,000 and for fiscal year 2001
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 for fiscal years 1999, 2000, and 2001 to carry
out sections 6103, 6104, and 6105.
‘‘(c) GENERAL REVENUE FUNDING.—Any sums ap-
propriated 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 insert-
ing ‘‘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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