I
104TH CONGRESS
1ST SESSION
H. R. 431
To require States to consider adopting mandatory, comprehensive, Statewide
one-call notification systems to protect natural gas and hazardous liquid
pipelines and all other underground facilities from being damaged by
any excavations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1995
Mr. PALLONE (for himself and Mr. FRANKS of New Jersey) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure and, in addition, to the Committee on Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To require States to consider adopting mandatory, com-
prehensive, Statewide one-call notification systems to
protect natural gas and hazardous liquid pipelines and
all other underground facilities from being damaged by
any excavations, 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 1995’’.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) DAMAGE.—The term ‘‘damage’’ means any
impact or contact with an underground facility, its
appurtenances, or its protective coating, or weaken-
ing of the support for the facility or protective hous-
ing, which requires repair.
(2) 
EXCAVATION.—The 
term 
‘‘excavation’’
means any operation in which earth, rock, or other
material in the ground is moved, removed, or other-
wise displaced by means of any mechanized tools or
equipment, or any explosive, but shall not include—
(A) any generally accepted normal agricul-
tural practices and activities taken in support
thereof, as determined by each State, including
tilling of the soil for agricultural purposes to a
depth of 18 inches or less;
(B) generally accepted normal lawn and
garden activities, as determined by each State;
(C) the excavation of a gravesite in a cem-
etery; and
(D) routine railroad maintenance as long
as such maintenance would disturb the ground
to a depth of no more than 18 inches as meas-
ured from the surface of the ground and the
activities as ballast cleaning, general ballast work,
track lining and surfacing, signal maintenance, and
the replacement of crossties.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(10) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 60101(a)(20) of title
49, United States Code.
(11) STATE PROGRAM.—The term ‘‘State pro-
gram’’ means the program of a State to establish or
maintain a one-call notification system.
(12) 
UNDERGROUND
FACILITY.—The 
term
‘‘underground facility’’ means any underground line,
system, or structure used for gathering, storing,
transmitting, or distributing oil, petroleum products,
other hazardous liquids, natural gas, communication,
electricity, water, steam, sewerage, or any other
commodities the Secretary determines should be in-
cluded under the requirements of this Act, but such
term does not include a portion of a line, system, or
structure if the person who owns or leases, or holds
an oil or gas mineral leasehold interest in, the real
property in which such portion is located also oper-
ates, or has authorized the operation of, the line,
system, or structure only for the purpose of furnish-
ing services or materials to such person, except to
the extent that such portion contains predominantly
natural gas or hazardous liquids and—
(A) is located within an easement for a
public road (as defined under section 101(a) of
title 23, United States Code), or a toll highway,
bridge, or tunnel (as described in section
129(a)(2) of such title); or
(B) is located on a mineral lease and is
within the boundaries of a city, town, or village.
SEC. 3. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of enactment of this Act,
the Secretary shall, in consultation with the Federal Com-
munications Commission, facility operators, excavators,
and one-call notification system operators, provide for the
establishment of a nationwide toll-free telephone number
system to be used by State one-call notification systems.
SEC. 4. STATE PROGRAMS.
(a) CONSIDERATION.—Each State shall consider
whether to adopt a comprehensive statewide one-call noti-
fication program with each element described in section
5, to protect all underground facilities from damage due
to any excavation. Such State program may be provided
for through the establishment of a new program, or
through modification or improvement of an existing pro-
gram, and may be implemented by a nongovernmental or-
ganization.
(b) PROCEDURES.—State consideration under sub-
section (a) shall be undertaken after public notice and
hearing, and shall be completed within 3 years after the
date of enactment of this Act. Such consideration may be
undertaken as part of any proceeding of a State with re-
spect to the safety of pipelines or other underground facili-
ties.
(c) COMPLIANCE.—If a State fails to comply with the
requirements of subsection (a), the Secretary or any per-
son aggrieved by such failure may in a civil action obtain
appropriate relief against any appropriate officer or entity
of the State, including the State itself, to compel such
compliance.
(d) APPROPRIATENESS.—Nothing in this Act pro-
hibits a State from making a determination that it is not
appropriate to adopt a State program described in section
5, pursuant to its authority under otherwise applicable
State law.
SEC. 5. ELEMENTS OF STATE PROGRAM.
(a) IN GENERAL.—Each State’s consideration under
section 4(a) shall include consideration of program ele-
ments that—
(1) provide for a one-call notification system or
systems which shall—
(A) apply to all excavators and to all facil-
ity operators;
(B) operate in all areas of the State and
not duplicate the geographical coverage of other
one-call notification systems;
(C) receive and record appropriate infor-
mation from excavators about intended exca-
vations;
(D) inform facility operators of any in-
tended excavations that may be in the vicinity
of their underground facilities; and
(E) inform excavators of the identity of fa-
cility operators who will be notified of the in-
tended excavation;
(2) provide for 24-hour coverage for emergency
excavation, with the manner and scope of coverage
determined by the State;
(3) employ mechanisms to ensure that the gen-
eral public, and in particular all excavators, are
aware of the one-call telephone number and the re-
quirements, penalties, and benefits of the State pro-
gram relating to excavations;
(4) inform excavators of any procedures that
the State has determined must be followed when ex-
cavating;
(5) require that any excavator must contact the
one-call notification system in accordance with State
specifications, which may vary depending on whether
the excavation is short term, long term, routine, con-
tinuous, or emergency;
(6) require facility operators to provide for lo-
cating and marking or otherwise identifying their fa-
cilities at an excavation site, in accordance with
State specifications, which may vary depending on
whether the excavation is short term, long term, rou-
tine, continuous, or emergency;
(7) provide effective mechanisms for penalties
and enforcement as described in section 6;
(8) provide for a fair and appropriate schedule
of fees to cover the costs of providing for, maintain-
ing, and operating the State program;
(9) provide an opportunity for citizen suits to
enforce the State program; and
(10) require railroads to report any accidents
that occur during or as a result of routine railroad
maintenance to the Secretary and the appropriate
local officials.