PRIOR PRINTER'S NOS. 3097, 3235 PRINTER'S NO. 3323
No. 2223 Session of 2005
INTRODUCED BY SEMMEL, TIGUE, BASTIAN, SOLOBAY, ARMSTRONG,
BALDWIN, BEBKO-JONES, BOYD, CALTAGIRONE, CAPPELLI, CAWLEY,
CRAHALLA, CREIGHTON, DeLUCA, DENLINGER, DeWEESE, FRANKEL,
FREEMAN, GEIST, GEORGE, GINGRICH, GRUCELA, HALUSKA, HARHAI,
HARPER, HARRIS, HENNESSEY, HERMAN, HERSHEY, HESS, MARKOSEK,
MARSICO, R. MILLER, MUSTIO, NAILOR, O'NEILL, PAYNE, PHILLIPS,
RAPP, REICHLEY, RUBLEY, SAINATO, SATHER, SAYLOR, B. SMITH,
R. STEVENSON, E. Z. TAYLOR, THOMAS, YOUNGBLOOD, ZUG, SIPTROTH
AND PRESTON, NOVEMBER 14, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 2005
AN ACT
1 Amending the act of December 10, 1974 (P.L.852, No.287), <--
2 entitled "An act to protect the public health and safety by
3 preventing excavation or demolition work from damaging
4 underground lines used in providing electricity,
5 communication, gas, oil delivery, oil product delivery,
6 sewage, water or other service; imposing duties upon the
7 providers of such service, recorders of deeds, and persons
8 and other entities preparing drawings or performing
9 excavation or demolition work; and prescribing penalties,"
10 further providing for the title of the act, for definitions,
11 for duties of facility owners and for the duties of the One
12 Call System; providing for liability, fees and governance of
13 the One Call System; further providing for applicability;
14 providing for the duties of project owners and for rights of
15 the Auditor General; further providing for the governing
16 board of the One Call System, for fines and penalties and for
17 applicability to certain pipeline systems and facilities;
18 providing for a voluntary dispute resolution process, for
19 best efforts and for removal or tampering with a marking;
20 further providing for expiration; and repealing provisions of
21 the act of June 19, 2002 (P.L.421, No.61), known as the
22 Propane and Liquefied Petroleum Gas Act, concerning the
23 prohibition of certain liquefied petroleum gas facilities or
24 distributors from being subject to the Underground Utility
25 Line Protection Law.
26 AMENDING THE ACT OF DECEMBER 10, 1974 (P.L.852, NO.287), <--
1 ENTITLED "AN ACT TO PROTECT THE PUBLIC HEALTH AND SAFETY BY
2 PREVENTING EXCAVATION OR DEMOLITION WORK FROM DAMAGING
3 UNDERGROUND LINES USED IN PROVIDING ELECTRICITY,
4 COMMUNICATION, GAS, OIL DELIVERY, OIL PRODUCT DELIVERY,
5 SEWAGE, WATER OR OTHER SERVICE; IMPOSING DUTIES UPON THE
6 PROVIDERS OF SUCH SERVICE, RECORDERS OF DEEDS, AND PERSONS
7 AND OTHER ENTITIES PREPARING DRAWINGS OR PERFORMING
8 EXCAVATION OR DEMOLITION WORK; AND PRESCRIBING PENALTIES,"
9 FURTHER PROVIDING FOR THE TITLE OF THE ACT, FOR DEFINITIONS,
10 FOR DUTIES OF FACILITY OWNERS AND FOR THE DUTIES OF THE ONE
11 CALL SYSTEM; PROVIDING FOR LIABILITY, FEES AND GOVERNANCE OF
12 THE ONE CALL SYSTEM; FURTHER PROVIDING FOR APPLICABILITY;
13 PROVIDING FOR THE DUTIES OF PROJECT OWNERS AND FOR RIGHTS OF
14 THE AUDITOR GENERAL; FURTHER PROVIDING FOR THE GOVERNING
15 BOARD OF THE ONE CALL SYSTEM, FOR FINES AND PENALTIES AND FOR
16 APPLICABILITY TO CERTAIN PIPELINE SYSTEMS AND FACILITIES;
17 PROVIDING FOR A VOLUNTARY DISPUTE RESOLUTION PROCESS, FOR
18 BEST EFFORTS AND FOR REMOVAL OR TAMPERING WITH A MARKING;
19 FURTHER PROVIDING FOR EXPIRATION; AND REPEALING PROVISIONS OF
20 THE ACT OF JUNE 19, 2002 (P.L.421, NO.61), KNOWN AS THE
21 PROPANE AND LIQUEFIED PETROLEUM GAS ACT, CONCERNING THE
22 PROHIBITION OF CERTAIN LIQUEFIED PETROLEUM GAS FACILITIES OR
23 DISTRIBUTORS FROM BEING SUBJECT TO THE UNDERGROUND UTILITY
24 LINE PROTECTION LAW.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. The title of the act of December 10, 1974 <--
28 (P.L.852, No.287), referred to as the Underground Utility Line
29 Protection Law, is amended to read:
30 AN ACT
31 To protect the public health and safety by preventing excavation
32 or demolition work from damaging underground lines used in
33 providing electricity, communication, gas, propane, oil
34 delivery, oil product delivery, sewage, water or other
35 service; imposing duties upon the providers of such service,
36 recorders of deeds, and persons and other entities preparing
37 drawings or performing excavation or demolition work; and
38 prescribing penalties.
39 Section 2. Section 1 of the act, amended November 30, 2004
40 (P.L.1567, No.199), is amended to read:
41 Section 1. As used in this act:
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1 "Abandoned" means no longer in service and physically
2 disconnected from a line.
3 "Business day" means any day except a Saturday, Sunday or
4 legal holiday prescribed by statute. A business day begins at
5 12:00:00 a.m. and ends at 11:59:59 p.m.
6 "Cartway" means that portion of a street which is improved by
7 surfacing with permanent or semipermanent material and is
8 intended for vehicular traffic.
9 "Common Ground Alliance best practices" means the damage
10 prevention industry recommended standards issued by the Common
11 Ground Alliance, a not-for-profit corporation created pursuant
12 to the issuance of the United States Department of
13 Transportation's Common Ground Task Force report in 1999.
14 "Complex project" means an excavation that involves more work
15 than properly can be described in a single locate request or any
16 project designated as such by the excavator as a consequence of
17 its complexity or its potential to cause significant disruption
18 to lines or facilities and the public, including excavations
19 that require scheduling locates over an extended time frame.
20 "Consumer Price Index" means the index of consumer prices
21 developed and updated by the Bureau of Labor Statistics of the
22 United States Department of Labor.
23 ["Contractor" means any person who or which performs
24 excavation or demolition work for himself or for another
25 person.]
26 "Continuing property records" means a record required
27 pursuant to 66 Pa.C.S. § 1702 (relating to continuing property
28 records).
29 "Culvert" means a sewer or drain crossing a road or
30 embankment, a part of a road or embankment that passes over a
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1 sewer or drain or the channel or conduit for a sewer or drain.
2 "Demolition work" means the partial or complete destruction
3 of a structure, by any means, served by or adjacent to a line or
4 lines.
5 "Department" means the Department of Labor and Industry of
6 the Commonwealth.
7 "Designer" means any architect, engineer or other person who
8 or which prepares a drawing for a construction or other project
9 which requires excavation or demolition work as herein defined.
10 "Emergency" means a sudden or unforeseen occurrence involving
11 a clear and immediate danger to life [or], property and the
12 environment, including, but not limited to, serious breaks or
13 defects in a facility owner's lines.
14 "Excavation work" means the use of powered equipment or
15 explosives in the movement of earth, rock or other material, and
16 includes but is not limited to anchoring, augering, backfilling,
17 blasting, boring, digging, ditching, drilling, driving-in,
18 grading, plowing-in, pulling-in, ripping, scraping, trenching
19 and tunneling, but does not include soft excavation technology
20 such as vacuum, high pressure air or water, tilling of soil for
21 agricultural purposes to a depth of less than eighteen inches,
22 the direct operations necessary or incidental to the purposes of
23 finding or extracting natural resources[,] or the Department of
24 Transportation and political subdivisions performing minor
25 routine maintenance up to a depth of [less than eighteen] twelve
26 inches within the [right-of-way of] cartway of public roads or
27 [employes of the Department of Transportation performing within
28 the scope of their employment work up to a depth of twenty-four
29 inches beneath the existing surface within the right-of-way of a
30 State highway.] within six inches of the remaining right-of-way
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1 of public roads.
2 "Excavator" means any person who or which performs excavation
3 or demolition work for himself or for another person.
4 "Facility owner" means the public utility or agency,
5 political subdivision, municipality, authority, rural electric
6 cooperative or other person or entity who or which owns or
7 operates a line. [The term does not include the Department of
8 Transportation within a State highway right-of-way.]
9 "Final design" means the engineering and construction
10 drawings that are provided to a bidder or other person who is
11 asked to initiate construction on the bid date or the date the
12 project is set for construction in the absence of a bid.
13 "Horizontal directional drilling" means the use of horizontal
14 boring devices that can be guided between a launch point and a
15 reception point beneath the earth's surface.
16 "Line" or "facility" means an underground conductor or
17 underground pipe or structure used in providing electric or
18 communication service, or an underground pipe used in carrying,
19 gathering, transporting or providing natural petroleum or
20 artificial gas, propane, oil or [oil] petroleum and production
21 product, sewage, water or other service to one or more
22 transportation carriers, consumers or customers of such service
23 and the appurtenances thereto, regardless of whether such line
24 or structure is located on land owned by a person or public
25 agency or whether it is located within an easement or right-of-
26 way. The term includes storm drainage [and traffic loops.],
27 traffic control loops and pipes or structures that transport or
28 store hazardous waste or hazardous materials as defined by a
29 Federal or State statute, regardless of whether the pipes or
30 structures provide service to transportation carriers, customers
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1 or consumers.
2 "Locate request" means a communication between an excavator
3 or designer and the One Call System in which a request for
4 locating facilities is processed.
5 "Minor routine maintenance" means shaping of or adding dust
6 palliative to unpaved roads, removal and application of patches
7 to the surface or base of flexible base, rigid base or rigid
8 surface roads by either manual or mechanized method to the
9 extent of the existing exposed base material, crack and joint
10 sealing, adding dust palliative to road shoulders, patching of
11 shoulders and shoulder bases by either manual or mechanized
12 methods to the extent of the existing exposed base, and cleaning
13 of inlets and drainage pipes and ditches.
14 "One Call System" means [a] the communication system
15 established within this Commonwealth to provide a single
16 nationwide toll-free telephone number for [contractors]
17 excavators or designers or any other person covered by this act
18 to call facility owners and notify them of their intent to
19 perform excavation, demolition or similar work as defined by
20 this act. [A] The One Call System shall be incorporated and
21 operated as a nonprofit corporation pursuant to 15 Pa.C.S. Pt.
22 II Subpt. C (relating to nonprofit corporations).
23 "Operator" means any individual in physical control of
24 powered equipment or explosives when being used to perform
25 excavation or demolition work.
26 ["Owner" means any person who or which engages a contractor
27 for construction or any other project which requires excavation
28 or demolition work as herein defined.]
29 "Person" means an individual, partnership, corporation,
30 political subdivision, a municipal authority, the Commonwealth
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1 and its agencies and instrumentalities, or any other entity.
2 "Powered equipment" means any equipment energized by an
3 engine or motor and used in excavation or demolition work.
4 "Project owner" means any person who or which engages an
5 excavator for construction or any other project which requires
6 excavation or demolition work.
7 "Secretary" means the Secretary of Labor and Industry of the
8 Commonwealth.
9 "Site" means the specific place denoted on the locate request
10 where excavation or demolition work is being or is planned to be
11 performed. A site should be denoted as a clearly defined,
12 bounded area, including relevant identifiable points of
13 reference such as the specific address with a specific
14 description as to the portion of the property, including
15 descriptions such as front, back, left side, right side and
16 direction such as N, S, E, W or variants. Where possible, the
17 points should also reference, without limitation, the size and
18 radius or circumference of the excavation, utility pad or
19 pedestal numbers, utility pole numbers, landmarks, including
20 trees, fountains, fences, railroads, highway and pipeline
21 markers, and latitude and longitude.
22 "Subsurface Utility Engineering" or "(SUE)" means those
23 techniques set forth in the American Society of Civil Engineers
24 (ASCE) standard CI/ASCE 38-02, or its successor document as
25 determined by the One Call System.
26 "Traffic loop" means a device that detects metal object such
27 as cars and bicycles based on the change in inductance that they
28 induce in the device.
29 "Tolerance zone" means the horizontal space within eighteen
30 inches of the outside wall or edge of a line or facility.
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1 ["Working day" means any day except a Saturday, Sunday or
2 legal holiday prescribed by act of the General Assembly.]
3 Section 3. Sections 2 and 3 of the act, amended November 30,
4 2004 (P.L.1567, No.199), are amended to read:
5 Section 2. It shall be the duty of each facility owner:
6 (1) To be a member of and give written notice to [a] the One
7 Call System. Such notice shall be in a form acceptable to [a]
8 the One Call System and include:
9 (i) the legal name of the facility owner[;] and their
10 official mailing address;
11 (ii) the names of the counties and municipalities, down to
12 and including wards in Philadelphia, Pittsburgh, Allentown and
13 Erie, in which its lines are located and other related
14 information as may be required by the One Call System regarding
15 the location of a member's facilities;
16 (iii) the facility owner's address (by street, number and
17 political subdivision), and the telephone number and fax number,
18 if available, to which inquiries may be directed as to the
19 location of such lines; [and]
20 (iv) [at the option of any facility owner,] the street
21 identifications[, within or outside of the municipality] or like
22 information within each of the municipalities in which its lines
23 are located. This information shall be in a form acceptable to
24 [a] the One Call System. [and shall include the names of streets
25 bounding, crossing or adjacent to the facility owner's lines.]
26 Upon [receipt of a signed street identification list] acceptance
27 of the information from a facility owner, [a] the One Call
28 System shall provide the facility owner with notification within
29 the boundaries described [in the street identification list].
30 All facility owners [which opt for this service] shall agree to
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1 indemnify and hold harmless [a] the One Call System for any
2 street identity errors and omissions on the part of the facility
3 owner or the [contractor] excavator or designer providing
4 [street identifications.] the information as the agent of the
5 facility owner; and
6 (v) any other information required by the One Call System.
7 (2) [To give to a One Call System like written notice within
8 five working days after any of the matters stated in the last
9 previous notice shall have changed.] To provide the One Call
10 System, within five business days, with any revised information
11 required under this section.
12 (4) Not more than ten [working] business days after receipt
13 of a request [therefor] from a designer who identifies the site
14 of excavation or demolition work for which he is preparing a
15 drawing, to initially respond to his request for information as
16 to the position and type of the facility owner's lines at such
17 site based on the information currently in the facility owner's
18 possession[.] or to mark the plans which have been provided to
19 it by the designer by field location or by another method agreed
20 to by the designer, excavator and facility owner, or their
21 agent. The facility owner shall so advise the person making the
22 request of the facility owner's status at the site through [a]
23 the One Call System.
24 (5) [Not more than two working days after] After receipt of
25 a timely request [therefor] from [a contractor] an excavator or
26 operator who identifies the site of excavation or demolition
27 work he intends to perform[:] and not later than the business
28 day prior to the scheduled date of excavation:
29 (i) To mark, stake, locate or otherwise provide the position
30 of the facility owner's underground lines at the site within
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1 eighteen inches horizontally from the outside wall of such line
2 in a manner so as to enable the [contractor] excavator, where
3 appropriate, to employ prudent techniques, which may include
4 hand-dug test holes, to determine the precise position of the
5 underground facility owner's lines. This shall be done to the
6 extent such information is available in the facility owner's
7 records or by use of standard locating techniques other than
8 excavation. In the excavation phase, facility owners shall make
9 reasonable efforts to locate or notify excavators of the
10 existence and type of abandoned lines that remain on their
11 continuing property records.
12 (i.1) [A] To, where contained on its continuing property
13 records, [facility owner may] identify the location of [a known
14 facility connected] an actually known facility's point of
15 connection to its facilities, [but] where the point of
16 connection is not owned or operated by the facility owner[, as a
17 helpful guide to the excavator or owner]. The identification
18 shall not be deemed to impose any liability upon the facility
19 owner for the accuracy of the [private facility] other
20 facility's identification.
21 (ii) [A facility owner,] To, at its option, [may] timely
22 elect to excavate around its facilities in fulfillment of this
23 subparagraph.
24 (iii) To propose mutually agreeable scheduling by which the
25 excavator, facility owner or designer may locate the facilities.
26 (v) To respond to all notices through [a] the One Call
27 System, provided the request is made in the time frame set forth
28 under this act. The response shall be made not later than the
29 end of the second business day following receipt of the
30 notification by the One Call System, excluding the business day
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1 upon which the notification is received, or not later than the
2 day prior to the scheduled date of excavation, if the excavator
3 specifies a later date. In the case of an emergency, to respond
4 through the One Call System as soon as practicable following
5 receipt of notification of the emergency by the One Call System.
6 (vi) In marking the approximate position of underground
7 lines or facilities, the facility owner shall follow [American
8 Public Works Association and Utility Locating and Coordination
9 Council Temporary Marking Standards.] the Common Ground Alliance
10 Best Practices for Temporary Marking set forth in ANSI standard
11 7535.1. Should the American Public Works Association [and
12 Utility Locating and Coordination Council Temporary Marking
13 Standards] be amended, the amended [standards] guidelines shall
14 be applied and followed. If the American Public Works
15 Association no longer publishes guidelines for temporary
16 markings or if the responsibility for publishing the guidelines
17 is transferred to or assumed by another entity, the facility
18 owner shall follow the guidelines published by the other entity,
19 as approved by the One Call System's board of directors.
20 (vii) To respond to [emergencies] emergency notifications as
21 soon as [practical] practicable following receipt of
22 notification of such emergency. The response by the facility
23 owner shall be consistent with the nature of the emergency
24 information received by the facility owner.
25 (viii) To participate in preconstruction meetings for a
26 complex project or as described in clause (3) of section 5.
27 [(8) Operation costs for a One Call System shall be shared,
28 in an equitable manner for services received, by facility owner
29 members as determined by a One Call System's board of directors.
30 Political subdivisions with a population of less than two
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1 thousand persons or municipal authorities having an aggregate
2 population in the area served by the municipal authority of less
3 than five thousand persons shall be exempt from payment of any
4 service fee.]
5 (9) If a facility owner fails to become a member of [a] the
6 One Call System in violation of this act and a line or lines of
7 such nonmember facility owner are damaged by [a contractor] an
8 excavator by reason of the [contractor's] excavator's failure to
9 notify the facility owner because the facility owner was not a
10 member of [a] the One Call System serving the location where the
11 damage occurred, such facility owner shall have no right of
12 recovery from the [contractor] excavator of any costs associated
13 with the damage to its lines. The right herein granted shall not
14 be in limitation of any other rights of the [contractor]
15 excavator.
16 (10) To submit an incident report to the department not more
17 than ten [working] business days after receipt of notice that
18 the facility owner's lines have been damaged by excavation or
19 demolition activities that resulted in personal injury or in
20 property damage to parties other than the affected excavator or
21 facility owner. In addition, the incident report may likewise be
22 furnished to the Pennsylvania Public Utility Commission and the
23 Pennsylvania Emergency Management Agency pursuant to memoranda
24 of understanding negotiated between these agencies and the
25 department[.], which shall, at a minimum, provide for a common
26 reporting format for incident reports. The department shall
27 furnish to [a] the One Call System, upon reasonable request,
28 statistical data pertaining to the number of incident reports
29 filed with the department and the type, number and results of
30 investigations for violations of this act.
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1 (11) To comply with all requests for information by the
2 department relating to the department's enforcement authority
3 under this act within thirty days of the receipt of the request.
4 Section 3. It shall be the duty of [a] the One Call System
5 to do the following:
6 (1.1) To assign [a serial number and] one or more serial
7 numbers and the date that the site may legally be excavated and
8 to log the entire voice transaction on logging recorders in
9 appropriate digital form and maintain these logs for five years.
10 All records shall be indexed and available to the parties
11 involved at a reasonable cost and at reasonable times set by [a]
12 the One Call System.
13 (1.2) Perform the obligations, as set forth under this
14 section, on behalf of the facility owner, [contractor] excavator
15 or designer as established by the board of directors of [a] the
16 One Call System.
17 (1.3) Provide access to municipal lists provided to [a] the
18 One Call System for those interested parties. This list shall
19 contain facility owners having lines in the municipality,
20 including wards as indicated in subclause (ii) of clause (1) of
21 section 2, and to maintain, for each municipality, a list
22 containing the information as required to be submitted by the
23 facility owner. Such list shall be updated as revised
24 information is received from the facility owner within five
25 [working] business days.
26 (2) To make such lists under clause (1.3) available for
27 public inspection via the county recorder of deeds without
28 charge. A maximum copy fee of no more than twenty-five dollars
29 ($25) may be charged per county list. Each facility owner change
30 shall be forwarded, at no charge, to the respective county
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1 recorder of deeds for public access. The recorder of deeds shall
2 make such list available for public inspection[.] based on the
3 most current information provided to it by the One Call System.
4 (3) Not more than ten [working] business days after the
5 receipt of a clear and specific request from the department, to
6 provide access to or photocopies of specific One Call System
7 response records, tickets or other like information relating to
8 matters under investigation by the department pursuant to its
9 enforcement authority under this act.
10 (4) To determine the maximum geographic area that shall
11 constitute a valid single notification and to determine when
12 multiple notifications shall be required of any person,
13 including the method, the type and the number of notifications
14 in a complex project.
15 (5) If approved by the board of directors of the One Call
16 System, to offer a service for application and issuance of State
17 or municipal permits required to undertake activities relating
18 to excavation work.
19 (6) Pursuant to policies adopted by the One Call System's
20 board of directors, to provide a secure repository for and
21 access to subsurface utility engineering data received from
22 project owners to affected facility owner members.
23 Section 4. The act is amended by adding a section to read:
24 Section 3.1. (a) The duties of the One Call System are
25 those duties as set forth in section 3. Duties assigned to other
26 parties in other sections of this act shall be the duties of
27 those parties and shall not be imputed to the One Call System,
28 including the duty to provide accurate information to the One
29 Call System concerning proposed excavation and the duty to
30 locate facilities at a site.
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1 (b) The One Call System shall not be liable for damages to
2 the person or the person's property arising out of its
3 nonnegligent actions in furtherance of the duties imposed under
4 this act and shall be liable only if the failure to comply was
5 the proximate cause of any damages claimed.
6 (c) Prior to any action instituted in a court of this
7 Commonwealth naming or joining the One Call System as a party,
8 the court shall conduct a hearing to determine whether the One
9 Call System may be named or joined in the action for failure to
10 comply with this act.
11 (d) The One Call System shall be governed by a board of
12 directors, to be chosen by the facility owners. No less than
13 twenty percent of the seats on the board shall be held by
14 municipalities or municipal authorities. The board shall include
15 all of the following:
16 (1) The Chairman of the Pennsylvania Public Utility
17 Commission or his designee.
18 (2) The Director of the Pennsylvania Emergency Management
19 Agency or his designee.
20 (3) The Secretary of Labor and Industry or his designee.
21 (4) The Secretary of Transportation or his designee.
22 (5) An excavator or excavation industry representative.
23 (6) A designer or designer industry representative.
24 (e) Operation costs for the One Call System shall be shared,
25 in an equitable manner for services received, by facility owner
26 members as determined by the One Call System's board of
27 directors. Political subdivisions with a population of less than
28 two thousand people or municipal authorities having an aggregate
29 population in the area served by the municipal authority of less
30 than five thousand people shall be exempt from the payment of
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1 any service fee. The One Call System may be reimbursed for its
2 costs in providing this service from the contractor fees.
3 (f) All fees shall be set by the board of directors and
4 shall be based on the latest annual audited cost factors of the
5 One Call System. Fees shall be set and adjusted to a rate not
6 more than five percent above the audited cost factor plus the
7 current average published Consumer Price Index for Pennsylvania.
8 Costs of capital improvements may be added, if the improvement
9 receives a majority vote of the board of directors.
10 (g) An excavator, designer or operator who proposes to
11 commence excavation or demolition work and requests information
12 of the One Call System shall be charged a fee for the service
13 received from the One Call System. The fee shall be used to
14 offset the operation cost levied on the political subdivision
15 and municipal authority members in lieu of additional fees
16 charged for locations under this act.
17 (h) Any request for information shall be reviewed and
18 provided as determined in accordance with the procedure
19 established by the One Call System's board of directors.
20 Section 5. Section 4 of the act, amended December 19, 1996
21 (P.L.1460, No.187), is amended to read:
22 Section 4. It shall be the duty of each designer preparing a
23 drawing [requiring] which requires excavation or demolition work
24 within the Commonwealth:
25 (2) To request the line and facility information prescribed
26 by section 2, clause (4) from [a] the One Call System not less
27 than ten nor more than ninety [working] business days before
28 final design is to be completed. This clause is not intended to
29 prohibit designers from obtaining such information more than
30 ninety days before final design is to be completed; however,
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1 they shall state in their requirements that such work is
2 preliminary.
3 (2.1) To forward a copy of the project plans to each
4 facility owner who requests a copy. If a designer is unable to
5 provide a copy because of security of the project or proprietary
6 concerns regarding the design or the project, the designer shall
7 negotiate in a timely manner with the facility owner the means
8 of obtaining the necessary data.
9 (3) To show upon the drawing the position and type of each
10 facility owner's line, derived pursuant to the request made as
11 required by clause (2), and the name of the facility owner[, and
12 the facility owner's designated office address and the telephone
13 number] as shown on the list referred to in section 3.
14 (4) To make a reasonable effort to prepare the construction
15 drawings to avoid damage to and minimize interference with a
16 facility owner's facilities in the construction area by
17 maintaining the clearance as provided for in the applicable
18 easement condition or an eighteen-inch clearance of the facility
19 owner's facilities if no easement restriction exists.
20 (5) A designer shall be deemed to have met the obligations
21 of clause (2) if he calls [a] the One Call System and shows as
22 proof the serial number of one call notice on drawings. The
23 designer shall also show the toll-free number of [a] the One
24 Call System on the drawing near his serial number.
25 (6) If, after receiving information from the facility
26 owners, the designer decides to change the site of a proposed
27 excavation, the obligations imposed by this section shall apply
28 to the new site.
29 (7) The designer who has complied with the terms of this act
30 and who was not otherwise negligent shall not be subject to
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1 liability or incur any obligation to facility owners, operators,
2 owners or other persons who sustain injury to person or property
3 as a result of the excavation or demolition planning work of the
4 designer.
5 Section 6. Section 5 of the act, amended November 30, 2004
6 (P.L.1567, No.199), is amended to read:
7 Section 5. It shall be the duty of each [contractor]
8 excavator who intends to perform excavation or demolition work
9 within this Commonwealth:
10 (2.1) To request the location and type of facility owner
11 lines at each site by notifying the facility owner through [a]
12 the One Call System. Notification shall be not less than three
13 nor more than ten [working] business days in advance of
14 beginning excavation or demolition work. No work shall begin
15 earlier than the scheduled excavation date which shall be on or
16 after the third business day after notification. The scheduled
17 excavation date shall exclude the date upon which notification
18 was received by the One Call System and notification received on
19 a Saturday, Sunday or holiday, which shall be processed on the
20 following business day. In the case of a complex project,
21 notification shall not be less than ten business days in advance
22 of the beginning of excavation or demolition work.
23 (2.2) To provide [a] the One Call System with specific
24 information to identify the site so that facility owners might
25 provide indications of their lines. [A contractor] An excavator
26 shall be deemed to have met the obligations of clause (2.1) if
27 he calls [a] the One Call System, provides the site and other
28 required information and receives a serial number.
29 (3) [If a contractor] In a complex project or if an
30 excavator intends to perform work at multiple sites or over a
20050H2223B3323 - 18 -
1 large area, he shall take reasonable steps to work with facility
2 owners, including scheduling and conducting a preconstruction
3 meeting, so that they may locate their facilities at a time
4 reasonably in advance of the actual start of excavation or
5 demolition work for each phase of the work. A preconstruction
6 meeting may take place at any time prior to the commencement of
7 excavation or demolition work, and the excavator, facility
8 owners and designer, or their agents, shall attend the meeting.
9 Notice of the meeting shall be given sufficiently in advance so
10 as to permit attendance, either in person or electronically, by
11 the excavator, facility owners and designer, or their agents,
12 and shall include information sufficient to identify the scope
13 of work. If the excavator does not believe that a
14 preconstruction meeting is necessary under the circumstances of
15 this paragraph it shall indicate such belief in its notice, but
16 any facility owner with facilities at the site may request a
17 meeting with the excavator and a meeting shall be held between
18 the facility owner and the excavator. After commencement of
19 excavation or demolition work, the [contractor] excavator shall
20 be responsible for protecting and preserving the staking,
21 marking or other designation until no longer required for proper
22 and safe excavation or demolition work at or near the
23 underground facility, or by [calling for an additional
24 relocation] contacting the One Call System to request that the
25 facilities be marked again in the event that the previous
26 markings have been compromised or eliminated.
27 (3.1) To comply with the requirements established by the One
28 Call System as determined by the board of directors regarding
29 the maximum area that a notification may cover.
30 (4) To exercise due care; and to take all reasonable steps
20050H2223B3323 - 19 -
1 necessary to avoid injury to or otherwise interfere with all
2 lines where positions have been provided to the [contractor]
3 excavator by the facility owners pursuant to clause (5) of
4 section 2. Within the tolerance zone [or if insufficient
5 information is available pursuant to clause (5) of section 2,
6 the contractor] the excavator shall employ prudent techniques,
7 which may include hand-dug test holes, to ascertain the precise
8 position of such facilities[,]. If insufficient information to
9 safely excavate is available pursuant to clause (5) of section
10 2, the excavator shall employ like prudent techniques which
11 shall be paid for by the owner pursuant to clause (15) of this
12 section.
13 (5) If the facility owner fails to respond to the
14 [contractor's timely request within the two work days]
15 excavator's timely request as provided under clause (5) of
16 section 2 or the facility owner notifies the [contractor]
17 excavator that the line cannot be marked within the time frame
18 and a mutually agreeable date for marking cannot be arrived at,
19 the [contractor] excavator may proceed with excavation [at the
20 end of three working days] as scheduled, but not earlier than
21 the lawful dig date, provided he exercises due care in his
22 endeavors, subject to the limitations contained in this clause
23 and clauses (2.1) through (4).
24 (6) To inform each operator employed by the [contractor]
25 excavator at the site of such work of the information obtained
26 by the [contractor] excavator pursuant to clauses (2.1) through
27 (5), and the [contractor] excavator and operator shall:
28 (i) Plan the excavation or demolition to avoid damage to or
29 minimize interference with a facility owner's facilities in the
30 construction area. Excavation or demolition work which requires
20050H2223B3323 - 20 -
1 temporary or permanent interruption of a facility owner's
2 service shall be coordinated with the affected facility owner in
3 all cases.
4 (ii) After consulting with a facility owner, provide such
5 support and mechanical protection for known facility owner's
6 lines at the construction site during the excavation or
7 demolition work, including during backfilling operations, as may
8 be reasonably necessary for the protection of such lines.
9 (7) To report immediately to the facility owner any break or
10 leak on its lines, or any dent, gouge, groove or other damage to
11 such lines or to their coating or cathodic protection, made or
12 discovered in the course of the excavation or demolition work.
13 The One Call System board of directors may adopt procedures to
14 permit reporting of these incidents through the One Call System.
15 (8) [To alert immediately the occupants of premises as to
16 any emergency that such person may create or discover at or near
17 such premises.] If responsible, to immediately notify 911 and
18 the facility owner, if the damage results in the escape of any
19 flammable, toxic, or corrosive gas or liquid which endangers
20 life, health or property. The excavator shall take reasonable
21 measures based on its knowledge, training, resources, experience
22 and understanding of the situation to protect themselves and
23 those in immediate danger, the general public, property and the
24 environment until the facility owner or emergency responders
25 have arrived and completed their assessment and shall remain on
26 site to convey any pertinent information to responders that may
27 help them to safely mitigate the situation.
28 (9) The time requirements of clause (2.1) shall not apply to
29 a facility owner or [contractor] excavator performing excavation
30 or demolition work in an emergency, as defined in section 1;
20050H2223B3323 - 21 -
1 nonetheless, all facility owners shall be notified as soon as
2 possible before, during or after excavation or demolition,
3 depending upon the circumstances.
4 (11) [A contractor] An excavator shall use the color white
5 to mark a proposed excavation site when exact site information
6 cannot be provided.
7 (11.1) To assist a facility owner in determining involvement
8 of a facility owner's lines by disclosing additional available
9 information requested by the facility owner, including
10 dimensions and the direction of proposed excavations.
11 (11.2) If using horizontal directional drilling (HDD), at a
12 minimum, to utilize the best practices published by the HDD
13 Consortium.
14 (12) The following standards shall be applied in determining
15 whether [a contractor] an excavator shall incur any obligation
16 or be subject to liability as a result of [a contractor's] an
17 excavator's demolition or excavation work damaging a facility
18 owner's facilities:
19 (i) The [contractor] excavator who has complied with the
20 terms of this act and who was not otherwise negligent shall not
21 be subject to liability or incur any obligation to facility
22 owners, operators, project owners or other persons who sustain
23 injury to person or property as a result of the [contractor's]
24 excavator's excavation or demolition work damaging a facility
25 owner's lines.
26 (ii) Where [a contractor] an excavator has failed to comply
27 with the terms of this act or was otherwise negligent, and the
28 facility owner or designer has misidentified, mislocated or
29 failed to identify its facilities pursuant to this act, then in
30 computing the amount of reimbursement to which the facility
20050H2223B3323 - 22 -
1 owner is entitled, the cost of repairing or replacing its
2 facilities shall be diminished in the same proportion that the
3 facility owner's or designer's misidentification, mislocation or
4 failure to identify the facilities contributed to the damage.
5 Should the facility owner or designer not have misidentified,
6 mislocated or failed to identify its facilities pursuant to this
7 act, there shall be no diminution of the facility owner's right
8 of recovery.
9 (13) If, after receiving information from [a] the One Call
10 System or directly from a facility owner, the [contractor]
11 excavator decides to change the location, scope or duration of a
12 proposed excavation, the obligations imposed by this section
13 shall apply to the new location.
14 (14) If [a contractor] an excavator removes its equipment
15 and vacates a worksite for more than two [working] business
16 days, he shall renotify [a] the One Call System unless other
17 arrangements have been made directly with the facility owners
18 involved in his worksite.
19 (15) When the information required from the facility owner
20 under clause (5)(i) of section 2 cannot be provided or due to
21 the nature of the information received from the facility owner,
22 it is reasonably necessary for the [contractor] excavator to
23 ascertain the precise location of any line or abandoned or
24 unclaimed lines by prudent techniques, which may include hand-
25 dug test holes, vacuum excavation or other similar devices, the
26 [contractor] excavator shall promptly notify the project owner
27 or the project owner's representative, either orally or in
28 writing. After giving such notice, the [contractor] excavator
29 shall be entitled to compensation from the project owner for
30 this additional work as provided in the latest edition of the
20050H2223B3323 - 23 -
1 Pennsylvania Department of Transportation Form 408
2 specifications for extra work performed on a force account
3 basis. The provisions of this subsection shall not be deemed to
4 limit any other rights which the [contractor] excavator has
5 under its contract with the project owner or otherwise.
6 Provisions in any contract, public or private, which attempt to
7 limit the rights of [contractors] excavators under this section
8 shall not be [waived] valid for any reason, and any attempted
9 waiver of this section shall be void and unenforceable as
10 against public policy and any such attempted waiver shall be
11 reported to the [Department of Labor and Industry] department.
12 (16) To submit an incident report to the department not more
13 than ten [working] business days after striking or otherwise
14 damaging a facility owner's line during excavation or demolition
15 activities that resulted in personal injury or property damage
16 to parties other than the affected [contractor] excavator or
17 facility owner. In addition, the incident report may be
18 furnished to the Pennsylvania Public Utility Commission and the
19 Pennsylvania Emergency Management Agency pursuant to memoranda
20 of understanding negotiated between these agencies and the
21 department.
22 (17) To comply with all requests for information by the
23 department relating to the department's enforcement authority
24 under this act within thirty days of the receipt of the request.
25 (18) To, if it chooses to do so and if working for a
26 facility owner, a municipality or a municipal authority,
27 delegate the power to discharge the duties set forth in clauses
28 (2.1) and (2.2) to its project owner, with the project owner's
29 consent. If the power is delegated pursuant to this clause, both
30 the excavator and the project owner shall be responsible for
20050H2223B3323 - 24 -
1 providing the required notices.
2 (19) To ensure the accuracy of any information provided to
3 the One Call System pursuant to this section.
4 Section 7. Section 6 of the act, amended December 12, 1986
5 (P.L.1574, No.172), is amended to read:
6 Section 6. [This] Except as otherwise provided in this act,
7 this act shall not be deemed to amend or repeal any other law,
8 Commonwealth regulation or any local ordinance enacted pursuant
9 to law concerning the same subject matter, it being the
10 legislative intent that any such other law or local ordinance
11 shall have full force and effect where not inconsistent with
12 this act.
13 Section 8. The act is amended by adding sections to read:
14 Section 6.1. It shall be the duty of each project owner who
15 engages in excavation or demolition work to be done within this
16 Commonwealth:
17 (1) To utilize subsurface utility engineering or other
18 similar techniques, wherever practicable, when designing complex
19 projects having an estimated cost of five hundred thousand
20 dollars ($500,000) or more.
21 (2) To timely respond to notifications received from
22 excavators pursuant to clause (15) of section 5.
23 (3) To not release to bid or construction any project until
24 after final design is completed.
25 (4) To participate in design and preconstruction meetings
26 either directly or through a representative.
27 (5) To furnish the pertinent data obtained through
28 subsurface utility engineering to the One Call System in a
29 mutually agreeable format.
30 (6) For new construction and where practicable in the
20050H2223B3323 - 25 -
1 opinion of the project owner, to install color-coded permanent
2 markers to indicate the type and location of all laterals
3 installed by the project owner.
4 Section 7. (a) The Auditor General may review management
5 and financial audits of the One Call System, which audits shall
6 be performed by a qualified auditing firm within this
7 Commonwealth. A copy of the audit shall be submitted to the
8 Auditor General upon its completion and to the General Assembly
9 by October 31 of the year following the end of the audit period.
10 The cost of reasonable expenses incurred by the Auditor General
11 in performing the obligations under this section shall be
12 reimbursed by the One Call System. The fees shall not be
13 inconsistent with those of commercial auditing firms for similar
14 work.
15 (b) The Auditor General, for the purposes set forth in
16 subsection (a), and any contractor, excavator, facility owner or
17 member of the One Call System shall have the right during
18 regular business hours to inspect and copy any record, book,
19 account, document or any other information relating to the
20 provision of one call services by the One Call System, at the
21 cost determined by the board of directors.
22 (c) The One Call System shall submit an annual report to its
23 members, and a copy of the report shall be submitted to the
24 Auditor General.
25 Section 9. Section 7.1 of the act, amended December 19, 1996
26 (P.L.1460, No.187), is amended to read:
27 [Section 7.1.
28 (b) A One Call System shall be governed by a board of
29 directors, to be chosen by the facility owners. No less than
30 twenty percent of the seats on the board shall be held by
20050H2223B3323 - 26 -
1 municipalities or municipal authorities. The board shall include
2 the following:
3 (1) The Chairman of the Pennsylvania Public Utility
4 Commission or his designee.
5 (2) The Director of the Pennsylvania Emergency Management
6 Agency or his designee.
7 (3) The Secretary of Labor and Industry or his designee.
8 (4) The Secretary of Transportation or his designee.
9 (5) A contractor or industry representative.
10 (6) A designer or industry representative.
11 (b.1) All fees are to be set by the board of directors and
12 shall be based on the latest annual audited cost factors of a
13 One Call System. Fees shall be set and adjusted to a rate not
14 more than five percent above the audited cost factor plus the
15 current average published Consumer Price Index for Pennsylvania.
16 Costs of capital improvements may be added, provided the
17 improvement receives a majority vote of the board of directors.
18 (c) The Auditor General, for the purposes set forth in
19 subsection (c.1), and any contractor, facility owner or member
20 of a One Call System shall have the right at any time to inspect
21 and copy any record, book, account, document or any other
22 information relating to the provision of one call services by a
23 One Call System at his own cost.
24 (c.1) The Auditor General shall conduct a biennial
25 performance and financial audit of a One Call System. A copy of
26 the audit conducted by the Auditor General under this paragraph
27 shall be submitted to the General Assembly no later than one
28 hundred and eighty days following the end of the audit period.
29 The actual cost of reasonable expenses incurred by the Auditor
30 General in performing his obligations under this section shall
20050H2223B3323 - 27 -
1 be reimbursed by a One Call System. Such fees shall not be
2 inconsistent with those of commercial auditing firms for similar
3 work.
4 (c.2) A One Call System shall submit an annual report to its
5 members, and a copy of the report shall be submitted to the
6 General Assembly.
7 (g) Any contractor, designer or operator who proposes to
8 commence excavation or demolition work and requests information
9 of a One Call System shall be charged a fee for the service
10 received from a One Call System. Such fee shall be used to
11 offset the operation cost levied on the political subdivision
12 and municipal authority members in lieu of additional fees
13 charged for locations specifically related to this act.]
14 Section 10. Section 7.2 of the act, amended November 30,
15 2004 (P.L.1567, No.199), is amended to read:
16 Section 7.2. (a) Any person violating any of the provisions
17 of this act, except clauses (1) and (2) of section 2, commits a
18 summary offense and shall, upon conviction, be sentenced to pay
19 a fine of not less than two thousand five hundred dollars
20 ($2,500) nor more than [twenty-five thousand dollars ($25,000)]
21 fifty thousand dollars ($50,000) or undergo imprisonment for not
22 more than ninety days, or both. The Attorney General of the
23 Commonwealth or any district attorney may enforce the provisions
24 of this act in any court of competent jurisdiction. The
25 department, in consultation with the Attorney General, may also
26 enforce the provisions of this act in any court of competent
27 jurisdiction. A facility owner may petition any court of
28 competent jurisdiction to enjoin any excavation or demolition
29 work conducted in violation of this act. Local law enforcement
30 or emergency management personnel may, in the interest of public
20050H2223B3323 - 28 -
1 safety, order excavators on a site to stop further excavation,
2 if the excavation is being conducted in violation of this act.
3 (b) Fines levied under subsection (a) shall be determined
4 according to the following schedule:
5 (1) Where violations result in property damage that does not
6 exceed three thousand dollars ($3,000), the fine shall not
7 exceed [three thousand dollars ($3,000)] five thousand dollars
8 ($5,000).
9 (2) Where violations result in property damage of more than
10 three thousand dollars ($3,000), the fine shall not exceed [five
11 thousand dollars ($5,000)] ten thousand dollars ($10,000).
12 (3) For violations which result in personal injury or death,
13 the fine shall not exceed [twenty-five thousand dollars
14 ($25,000)] fifty thousand dollars ($50,000).
15 (c) The following factors shall be considered in determining
16 the fine to be assessed:
17 (1) The degree of the party's compliance with the statute
18 prior to date of the violation.
19 (2) The amount of personal and property damage caused by the
20 party's noncompliance.
21 (3) The degree of threat to the public safety and
22 inconvenience caused by the party's noncompliance.
23 (4) The party's plans and procedures to insure future
24 compliance with statutes and regulations.
25 (c.1) In addition to any other sanctions provided by this
26 act, the department shall have the authority to issue warnings
27 and orders requiring compliance with this act and may levy
28 administrative penalties for violations of this act. Any
29 warning, order or penalty shall be served on the person or
30 entity violating the act at their last known address. The
20050H2223B3323 - 29 -
1 department shall consider the factors set forth in subsection
2 (c) in determining the administrative penalty to be assessed.
3 Any party aggrieved by the imposition of an order or
4 administrative penalty imposed by the department may appeal such
5 order or penalty as provided in 2 Pa.C.S. Ch. 5 Subch. A
6 (relating to practice and procedure of Commonwealth agencies)
7 and Ch. 7 Subch. A (relating to review of Commonwealth agency
8 action).
9 (c.2) Administrative penalties imposed by the department
10 under subsection (c.1) shall be determined according to the
11 following schedule:
12 (1) Any person or entity violating the provisions of clauses
13 (1) and (2) of section 2 may be subject to an administrative
14 penalty not to exceed five hundred dollars ($500) per day. Each
15 day of noncompliance shall constitute a separate violation.
16 (2) Any person or entity receiving three or more warnings in
17 a calendar year may be subject to an administrative penalty not
18 to exceed five hundred dollars ($500).
19 (3) Where violations result in property damage that does not
20 exceed ten thousand dollars ($10,000), the administrative
21 penalty may not exceed one thousand dollars ($1,000).
22 (4) Where violations result in property damage of more than
23 ten thousand dollars ($10,000), the administrative penalty may
24 not exceed five thousand dollars ($5,000).
25 (5) For violations that result in personal injury or death,
26 the administrative penalty may not exceed ten thousand dollars
27 ($10,000).
28 (d) All fines and penalties recovered under this section
29 shall be payable to the Attorney General, district attorney or
30 the department, whichever brought the action, and collected in
20050H2223B3323 - 30 -
1 the manner provided for by law. [To the extent that the expenses
2 incurred by the department in enforcing this act exceed the
3 fines collected by the department under this section, the
4 department may assess a charge for the remaining reasonable
5 expenses from a One Call System pursuant to a written agreement
6 between the parties.] Administrative penalties collected by the
7 department shall be used to support public education to minimize
8 underground damage and may be used for damage prevention
9 activities of the One Call System.
10 (e) The provisions of this act shall not affect any civil
11 remedies for personal injury or property damage, except as
12 otherwise specifically provided for in this act.
13 (f) The secretary or his designee shall have the authority
14 to issue subpoenas, upon application of an attorney responsible
15 for representing the Commonwealth in actions before the
16 department, for the purpose of investigating alleged violations
17 of this act. The department shall have the power to subpoena
18 witnesses and compel the production of books, records, papers
19 and documents as it deems necessary or pertinent to an
20 investigation or hearing.
21 Section 11. Section 7.6 of the act, added December 19, 1996
22 (P.L.1460, No.187), is amended to read:
23 [Section 7.6. This act shall not apply to any of the
24 following pipeline systems and facilities:
25 (1) Oil and gas production or gathering pipeline systems
26 constructed with pipe measuring less than three inches inside
27 diameter which are designed to collect and transport crude oil
28 or natural gas from the wellhead to the point of custody
29 transfer, provided such systems are permanently marked or staked
30 where they cross public highway rights-of-way or the boundary of
20050H2223B3323 - 31 -
1 property which is owned in fee by the owner of the gathering
2 pipeline system.
3 (2) Any continuous one-mile length of a crude oil or natural
4 gas production or gathering pipeline system constructed with
5 pipe measuring three inches inside diameter or larger which is
6 designed principally to collect and transport crude oil or
7 natural gas from the wellhead to the point of custody transfer
8 where no more than fifty buildings intended for permanent
9 residential occupancy are located within two hundred twenty
10 yards on either side of the center line of the one-mile length
11 of pipeline.]
12 Section 12. The act is amended by adding sections to read:
13 Section 7.7. The One Call System shall have the authority to
14 design, establish and administer a voluntary dispute resolution
15 process which may be used by excavators, facility owners,
16 designers, project owners and other involved persons. The
17 process shall provide for dispute resolution panels selected
18 from among a pool of representatives of stakeholder groups,
19 including facility owners, excavators, designers and regulators.
20 Section 7.8. Except as otherwise provided for by this act, a
21 person shall use their best efforts to comply with the Common
22 Ground Alliance Best Practices.
23 Section 7.9. No person shall maliciously remove or tamper
24 with a marking provided for under this act.
25 Section 13. Section 7.7 of the act, added December 19, 1996
26 (P.L.1460, No.187), is amended to read:
27 Section [7.7] 7.10. This act shall expire on December 31,
28 [2006] 2016.
29 Section 14. Repeals are as follows:
30 (1) The General Assembly declares that the repeal under
20050H2223B3323 - 32 -
1 paragraph (2) is necessary to effectuate the amendment of the
2 title of the act and to cause certain liquefied petroleum gas
3 facilities or distributors to be subject to this act.
4 (2) The provisions of section 19 of the act of June 19,
5 2002 (P.L.421, No.61), known as the Propane and Liquefied
6 Petroleum Gas Act, is repealed to the extent that it
7 prohibits certain liquefied petroleum gas facilities or
8 distributors from being subject to this act.
9 Section 15. This act shall take effect in 60 days.
10 SECTION 1. THE TITLE OF THE ACT OF DECEMBER 10, 1974 <--
11 (P.L.852, NO.287), REFERRED TO AS THE UNDERGROUND UTILITY LINE
12 PROTECTION LAW, IS AMENDED TO READ:
13 AN ACT
14 TO PROTECT THE PUBLIC HEALTH AND SAFETY BY PREVENTING EXCAVATION
15 OR DEMOLITION WORK FROM DAMAGING UNDERGROUND LINES USED IN
16 PROVIDING ELECTRICITY, COMMUNICATION, GAS, PROPANE, OIL
17 DELIVERY, OIL PRODUCT DELIVERY, SEWAGE, WATER OR OTHER
18 SERVICE; IMPOSING DUTIES UPON THE PROVIDERS OF SUCH SERVICE,
19 RECORDERS OF DEEDS, AND PERSONS AND OTHER ENTITIES PREPARING
20 DRAWINGS OR PERFORMING EXCAVATION OR DEMOLITION WORK; AND
21 PRESCRIBING PENALTIES.
22 SECTION 2. SECTION 1 OF THE ACT, AMENDED NOVEMBER 30, 2004
23 (P.L.1567, NO.199), IS AMENDED TO READ:
24 SECTION 1. AS USED IN THIS ACT:
25 "ABANDONED" MEANS NO LONGER IN SERVICE AND PHYSICALLY
26 DISCONNECTED FROM A LINE.
27 "BUSINESS DAY" MEANS ANY DAY EXCEPT A SATURDAY, SUNDAY OR
28 LEGAL HOLIDAY PRESCRIBED BY STATUTE. A BUSINESS DAY BEGINS AT
29 12:00:00 A.M. AND ENDS AT 11:59:59 P.M.
30 "CARTWAY" MEANS THAT PORTION OF A STREET WHICH IS IMPROVED BY
20050H2223B3323 - 33 -
1 SURFACING WITH PERMANENT OR SEMIPERMANENT MATERIAL AND IS
2 INTENDED FOR VEHICULAR TRAFFIC.
3 "COMMON GROUND ALLIANCE BEST PRACTICES" MEANS THE DAMAGE
4 PREVENTION INDUSTRY RECOMMENDED STANDARDS ISSUED BY THE COMMON
5 GROUND ALLIANCE, A NOT-FOR-PROFIT CORPORATION CREATED PURSUANT
6 TO THE ISSUANCE OF THE UNITED STATES DEPARTMENT OF
7 TRANSPORTATION'S COMMON GROUND TASK FORCE REPORT IN 1999.
8 "COMPLEX PROJECT" MEANS AN EXCAVATION THAT INVOLVES MORE WORK
9 THAN PROPERLY CAN BE DESCRIBED IN A SINGLE LOCATE REQUEST OR ANY
10 PROJECT DESIGNATED AS SUCH BY THE EXCAVATOR AS A CONSEQUENCE OF
11 ITS COMPLEXITY OR ITS POTENTIAL TO CAUSE SIGNIFICANT DISRUPTION
12 TO LINES OR FACILITIES AND THE PUBLIC, INCLUDING EXCAVATIONS
13 THAT REQUIRE SCHEDULING LOCATES OVER AN EXTENDED TIME FRAME.
14 "CONSUMER PRICE INDEX" MEANS THE INDEX OF CONSUMER PRICES
15 DEVELOPED AND UPDATED BY THE BUREAU OF LABOR STATISTICS OF THE
16 UNITED STATES DEPARTMENT OF LABOR.
17 ["CONTRACTOR" MEANS ANY PERSON WHO OR WHICH PERFORMS
18 EXCAVATION OR DEMOLITION WORK FOR HIMSELF OR FOR ANOTHER
19 PERSON.]
20 "CONTINUING PROPERTY RECORDS" MEANS A RECORD REQUIRED
21 PURSUANT TO 66 PA.C.S. § 1702 (RELATING TO CONTINUING PROPERTY
22 RECORDS).
23 "CULVERT" MEANS A SEWER OR DRAIN CROSSING A ROAD OR
24 EMBANKMENT, A PART OF A ROAD OR EMBANKMENT THAT PASSES OVER A
25 SEWER OR DRAIN OR THE CHANNEL OR CONDUIT FOR A SEWER OR DRAIN.
26 "DEMOLITION WORK" MEANS THE PARTIAL OR COMPLETE DESTRUCTION
27 OF A STRUCTURE, BY ANY MEANS, SERVED BY OR ADJACENT TO A LINE OR
28 LINES.
29 "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND INDUSTRY OF
30 THE COMMONWEALTH.
20050H2223B3323 - 34 -
1 "DESIGNER" MEANS ANY ARCHITECT, ENGINEER OR OTHER PERSON WHO
2 OR WHICH PREPARES A DRAWING FOR A CONSTRUCTION OR OTHER PROJECT
3 WHICH REQUIRES EXCAVATION OR DEMOLITION WORK AS HEREIN DEFINED.
4 "EMERGENCY" MEANS A SUDDEN OR UNFORESEEN OCCURRENCE INVOLVING
5 A CLEAR AND IMMEDIATE DANGER TO LIFE [OR], PROPERTY AND THE
6 ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, SERIOUS BREAKS OR
7 DEFECTS IN A FACILITY OWNER'S LINES.
8 "ENGINEERING CONTROL" MEANS MAN-MADE CONTROLS DESIGNED TO
9 ISOLATE OR CONTAIN IN THE GROUND WASTE OR MATERIALS HAZARDOUS TO
10 HUMAN HEALTH AND THE ENVIRONMENT. THE TERM INCLUDES ALL OF THE
11 FOLLOWING:
12 (1) HAZARDOUS, MUNICIPAL, RESIDUAL AND RADIOACTIVE WASTE
13 LANDFILLS.
14 (2) VAULTS, REPOSITORIES AND IN-SITU STABILIZATION.
15 (3) CAPS ON RESIDUAL CONTAMINATION.
16 (4) GROUNDWATER PUMP AND TREAT SYSTEMS, LEACHATE COLLECTION
17 SYSTEMS AND MONITORING AND CONTAINMENT SYSTEMS.
18 "EXCAVATION WORK" MEANS THE USE OF POWERED EQUIPMENT OR
19 EXPLOSIVES IN THE MOVEMENT OF EARTH, ROCK OR OTHER MATERIAL, AND
20 INCLUDES BUT IS NOT LIMITED TO ANCHORING, AUGERING, BACKFILLING,
21 BLASTING, BORING, DIGGING, DITCHING, DRILLING, DRIVING-IN,
22 GRADING, PLOWING-IN, PULLING-IN, RIPPING, SCRAPING, TRENCHING
23 AND TUNNELING, BUT DOES NOT INCLUDE SOFT EXCAVATION TECHNOLOGY
24 SUCH AS VACUUM, HIGH PRESSURE AIR OR WATER, TILLING OF SOIL FOR
25 AGRICULTURAL PURPOSES TO A DEPTH OF LESS THAN EIGHTEEN INCHES,
26 THE DIRECT OPERATIONS NECESSARY OR INCIDENTAL TO THE PURPOSES OF
27 FINDING OR EXTRACTING NATURAL RESOURCES[,] OR THE DEPARTMENT OF
28 TRANSPORTATION AND POLITICAL SUBDIVISIONS PERFORMING MINOR
29 ROUTINE MAINTENANCE UP TO A DEPTH OF [LESS THAN EIGHTEEN] TWELVE
30 INCHES WITHIN THE [RIGHT-OF-WAY OF] CARTWAY OF PUBLIC ROADS OR
20050H2223B3323 - 35 -
1 [EMPLOYES OF THE DEPARTMENT OF TRANSPORTATION PERFORMING WITHIN
2 THE SCOPE OF THEIR EMPLOYMENT WORK UP TO A DEPTH OF TWENTY-FOUR
3 INCHES BENEATH THE EXISTING SURFACE WITHIN THE RIGHT-OF-WAY OF A
4 STATE HIGHWAY.] WITHIN SIX INCHES OF THE REMAINING RIGHT-OF-WAY
5 OF PUBLIC ROADS.
6 "EXCAVATOR" MEANS ANY PERSON WHO OR WHICH PERFORMS EXCAVATION
7 OR DEMOLITION WORK FOR HIMSELF OR FOR ANOTHER PERSON.
8 "FACILITY OWNER" MEANS THE PUBLIC UTILITY OR AGENCY,
9 POLITICAL SUBDIVISION, MUNICIPALITY, AUTHORITY, RURAL ELECTRIC
10 COOPERATIVE OR OTHER PERSON OR ENTITY WHO OR WHICH OWNS OR
11 OPERATES A LINE. [THE TERM DOES NOT INCLUDE THE DEPARTMENT OF
12 TRANSPORTATION WITHIN A STATE HIGHWAY RIGHT-OF-WAY.] THE TERM
13 DOES NOT INCLUDE ANY OF THE FOLLOWING:
14 (1) A PERSON SERVING THE PERSON'S OWN PROPERTY THROUGH THE
15 PERSON'S OWN LINE IF THE PERSON DOES NOT PROVIDE SERVICE TO ANY
16 OTHER CUSTOMER.
17 (2) A PERSON USING A LINE WHICH THE PERSON DOES NOT OWN OR
18 OPERATE IF THE USE OF THE LINE DOES NOT SERVE MORE THAN A SINGLE
19 PROPERTY.
20 "FINAL DESIGN" MEANS THE ENGINEERING AND CONSTRUCTION
21 DRAWINGS THAT ARE PROVIDED TO A BIDDER OR OTHER PERSON WHO IS
22 ASKED TO INITIATE CONSTRUCTION ON THE BID DATE OR THE DATE THE
23 PROJECT IS SET FOR CONSTRUCTION IN THE ABSENCE OF A BID.
24 "HORIZONTAL DIRECTIONAL DRILLING" MEANS THE USE OF HORIZONTAL
25 BORING DEVICES THAT CAN BE GUIDED BETWEEN A LAUNCH POINT AND A
26 RECEPTION POINT BENEATH THE EARTH'S SURFACE.
27 "LINE" OR "FACILITY" MEANS AN ENGINEERING CONTROL OR AN
28 UNDERGROUND CONDUCTOR OR UNDERGROUND PIPE OR STRUCTURE USED IN
29 PROVIDING ELECTRIC OR COMMUNICATION SERVICE, OR AN UNDERGROUND
30 PIPE USED IN CARRYING, GATHERING, TRANSPORTING OR PROVIDING
20050H2223B3323 - 36 -
1 NATURAL PETROLEUM OR ARTIFICIAL GAS, PROPANE, OIL OR [OIL]
2 PETROLEUM AND PRODUCTION PRODUCT, SEWAGE, WATER OR OTHER SERVICE
3 TO ONE OR MORE TRANSPORTATION CARRIERS, CONSUMERS OR CUSTOMERS
4 OF SUCH SERVICE AND THE APPURTENANCES THERETO, REGARDLESS OF
5 WHETHER SUCH LINE OR STRUCTURE IS LOCATED ON LAND OWNED BY A
6 PERSON OR PUBLIC AGENCY OR WHETHER IT IS LOCATED WITHIN AN
7 EASEMENT OR RIGHT-OF-WAY. THE TERM INCLUDES STORM DRAINAGE AND
8 TRAFFIC LOOPS.
9 "LOCATE REQUEST" MEANS A COMMUNICATION BETWEEN AN EXCAVATOR
10 OR DESIGNER AND THE ONE CALL SYSTEM IN WHICH A REQUEST FOR
11 LOCATING FACILITIES IS PROCESSED.
12 "MINOR ROUTINE MAINTENANCE" MEANS SHAPING OF OR ADDING DUST
13 PALLIATIVE TO UNPAVED ROADS, REMOVAL AND APPLICATION OF PATCHES
14 TO THE SURFACE OR BASE OF FLEXIBLE BASE, RIGID BASE OR RIGID
15 SURFACE ROADS BY EITHER MANUAL OR MECHANIZED METHOD TO THE
16 EXTENT OF THE EXISTING EXPOSED BASE MATERIAL, CRACK AND JOINT
17 SEALING, ADDING DUST PALLIATIVE TO ROAD SHOULDERS, PATCHING AND
18 CUTTING OF SHOULDERS AND SHOULDER BASES BY EITHER MANUAL OR
19 MECHANIZED METHODS TO THE EXTENT OF THE EXISTING EXPOSED BASE,
20 AND CLEANING OF INLETS AND DRAINAGE PIPES AND DITCHES.
21 "ONE CALL SYSTEM" MEANS [A] THE COMMUNICATION SYSTEM
22 ESTABLISHED WITHIN THIS COMMONWEALTH TO PROVIDE A SINGLE
23 NATIONWIDE TOLL-FREE TELEPHONE NUMBER OR 811 NUMBER FOR
24 [CONTRACTORS] EXCAVATORS OR DESIGNERS OR ANY OTHER PERSON
25 COVERED BY THIS ACT TO CALL FACILITY OWNERS AND NOTIFY THEM OF
26 THEIR INTENT TO PERFORM EXCAVATION, DEMOLITION OR SIMILAR WORK
27 AS DEFINED BY THIS ACT. [A] THE ONE CALL SYSTEM SHALL BE
28 INCORPORATED AND OPERATED AS A NONPROFIT CORPORATION PURSUANT TO
29 15 PA.C.S. PT. II SUBPT. C (RELATING TO NONPROFIT CORPORATIONS).
30 "OPERATOR" MEANS ANY INDIVIDUAL IN PHYSICAL CONTROL OF
20050H2223B3323 - 37 -
1 POWERED EQUIPMENT OR EXPLOSIVES WHEN BEING USED TO PERFORM
2 EXCAVATION OR DEMOLITION WORK.
3 ["OWNER" MEANS ANY PERSON WHO OR WHICH ENGAGES A CONTRACTOR
4 FOR CONSTRUCTION OR ANY OTHER PROJECT WHICH REQUIRES EXCAVATION
5 OR DEMOLITION WORK AS HEREIN DEFINED.]
6 "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
7 POLITICAL SUBDIVISION, A MUNICIPAL AUTHORITY, THE COMMONWEALTH
8 AND ITS AGENCIES AND INSTRUMENTALITIES, OR ANY OTHER ENTITY.
9 "POWERED EQUIPMENT" MEANS ANY EQUIPMENT ENERGIZED BY AN
10 ENGINE OR MOTOR AND USED IN EXCAVATION OR DEMOLITION WORK.
11 "PRECONSTRUCTION REQUEST" MEANS A NOTIFICATION TO FACILITY
12 OWNERS REGARDING A COMPLEX PROJECT.
13 "PROJECT OWNER" MEANS ANY PERSON WHO OR WHICH ENGAGES AN
14 EXCAVATOR FOR CONSTRUCTION OR ANY OTHER PROJECT WHICH REQUIRES
15 EXCAVATION OR DEMOLITION WORK.
16 "SECRETARY" MEANS THE SECRETARY OF LABOR AND INDUSTRY OF THE
17 COMMONWEALTH.
18 "SITE" MEANS THE SPECIFIC PLACE DENOTED ON THE LOCATE REQUEST
19 WHERE EXCAVATION OR DEMOLITION WORK IS BEING OR IS PLANNED TO BE
20 PERFORMED. A SITE SHOULD BE DENOTED AS A CLEARLY DEFINED,
21 BOUNDED AREA, INCLUDING RELEVANT IDENTIFIABLE POINTS OF
22 REFERENCE SUCH AS THE SPECIFIC ADDRESS WITH A SPECIFIC
23 DESCRIPTION AS TO THE PORTION OF THE PROPERTY, INCLUDING
24 DESCRIPTIONS SUCH AS FRONT, BACK, LEFT SIDE, RIGHT SIDE AND
25 DIRECTION SUCH AS N, S, E, W OR VARIANTS. WHERE POSSIBLE, THE
26 POINTS SHOULD ALSO REFERENCE, WITHOUT LIMITATION, THE SIZE AND
27 RADIUS OR CIRCUMFERENCE OF THE EXCAVATION, UTILITY PAD OR
28 PEDESTAL NUMBERS, UTILITY POLE NUMBERS, LANDMARKS, INCLUDING
29 TREES, FOUNTAINS, FENCES, RAILROADS, HIGHWAY AND PIPELINE
30 MARKERS, AND LATITUDE AND LONGITUDE.
20050H2223B3323 - 38 -
1 "SUBSURFACE UTILITY ENGINEERING" OR "(SUE)" MEANS THOSE
2 TECHNIQUES SET FORTH IN THE AMERICAN SOCIETY OF CIVIL ENGINEERS
3 (ASCE) STANDARD CI/ASCE 38-02, OR ITS SUCCESSOR DOCUMENT AS
4 DETERMINED BY THE ONE CALL SYSTEM.
5 "TOLERANCE ZONE" MEANS THE HORIZONTAL SPACE WITHIN EIGHTEEN
6 INCHES OF THE OUTSIDE WALL OR EDGE OF A LINE OR FACILITY.
7 "TRAFFIC LOOP" MEANS A DEVICE THAT DETECTS METAL OBJECT SUCH
8 AS CARS AND BICYCLES BASED ON THE CHANGE IN INDUCTANCE THAT THEY
9 INDUCE IN THE DEVICE.
10 ["WORKING DAY" MEANS ANY DAY EXCEPT A SATURDAY, SUNDAY OR
11 LEGAL HOLIDAY PRESCRIBED BY ACT OF THE GENERAL ASSEMBLY.]
12 SECTION 3. SECTIONS 2 AND 3 OF THE ACT, AMENDED NOVEMBER 30,
13 2004 (P.L.1567, NO.199), ARE AMENDED TO READ:
14 SECTION 2. IT SHALL BE THE DUTY OF EACH FACILITY OWNER:
15 (1) TO BE A MEMBER OF AND GIVE WRITTEN NOTICE TO [A] THE ONE
16 CALL SYSTEM. SUCH NOTICE SHALL BE IN A FORM ACCEPTABLE TO [A]
17 THE ONE CALL SYSTEM AND INCLUDE:
18 (I) THE LEGAL NAME OF THE FACILITY OWNER[;] AND THEIR
19 OFFICIAL MAILING ADDRESS;
20 (II) THE NAMES OF THE COUNTIES AND MUNICIPALITIES, DOWN TO
21 AND INCLUDING WARDS IN PHILADELPHIA, PITTSBURGH, ALLENTOWN AND
22 ERIE, IN WHICH ITS LINES ARE LOCATED AND OTHER RELATED
23 INFORMATION AS MAY BE REQUIRED BY THE ONE CALL SYSTEM REGARDING
24 THE LOCATION OF A MEMBER'S FACILITIES;
25 (III) THE FACILITY OWNER'S ADDRESS (BY STREET, NUMBER AND
26 POLITICAL SUBDIVISION), AND THE TELEPHONE NUMBER AND FAX NUMBER,
27 IF AVAILABLE, TO WHICH INQUIRIES MAY BE DIRECTED AS TO THE
28 LOCATION OF SUCH LINES; [AND]
29 (IV) [AT THE OPTION OF ANY FACILITY OWNER,] THE STREET
30 IDENTIFICATIONS[, WITHIN OR OUTSIDE OF THE MUNICIPALITY] OR LIKE
20050H2223B3323 - 39 -
1 INFORMATION WITHIN EACH OF THE MUNICIPALITIES IN WHICH ITS LINES
2 ARE LOCATED. THIS INFORMATION SHALL BE IN A FORM ACCEPTABLE TO
3 [A] THE ONE CALL SYSTEM. [AND SHALL INCLUDE THE NAMES OF STREETS
4 BOUNDING, CROSSING OR ADJACENT TO THE FACILITY OWNER'S LINES.]
5 UPON [RECEIPT OF A SIGNED STREET IDENTIFICATION LIST] ACCEPTANCE
6 OF THE INFORMATION FROM A FACILITY OWNER, [A] THE ONE CALL
7 SYSTEM SHALL PROVIDE THE FACILITY OWNER WITH NOTIFICATION WITHIN
8 THE BOUNDARIES DESCRIBED [IN THE STREET IDENTIFICATION LIST].
9 ALL FACILITY OWNERS [WHICH OPT FOR THIS SERVICE] SHALL AGREE TO
10 INDEMNIFY AND HOLD HARMLESS [A] THE ONE CALL SYSTEM FOR ANY
11 [STREET IDENTITY] ERRORS AND OMISSIONS ON THE PART OF THE
12 FACILITY OWNER OR THE [CONTRACTOR] EXCAVATOR OR DESIGNER
13 PROVIDING [STREET IDENTIFICATIONS.] THE INFORMATION AS THE AGENT
14 OF THE FACILITY OWNER; AND
15 (V) ANY OTHER INFORMATION REQUIRED BY THE ONE CALL SYSTEM.
16 (2) [TO GIVE TO A ONE CALL SYSTEM LIKE WRITTEN NOTICE WITHIN
17 FIVE WORKING DAYS AFTER ANY OF THE MATTERS STATED IN THE LAST
18 PREVIOUS NOTICE SHALL HAVE CHANGED.] TO PROVIDE THE ONE CALL
19 SYSTEM, WITHIN FIVE BUSINESS DAYS, WITH ANY REVISED INFORMATION
20 REQUIRED UNDER THIS SECTION.
21 (4) NOT MORE THAN TEN [WORKING] BUSINESS DAYS AFTER RECEIPT
22 OF A REQUEST [THEREFOR] FROM A DESIGNER WHO IDENTIFIES THE SITE
23 OF EXCAVATION OR DEMOLITION WORK FOR WHICH HE IS PREPARING A
24 DRAWING, TO INITIALLY RESPOND TO HIS REQUEST FOR INFORMATION AS
25 TO THE POSITION AND TYPE OF THE FACILITY OWNER'S LINES AT SUCH
26 SITE BASED ON THE INFORMATION CURRENTLY IN THE FACILITY OWNER'S
27 POSSESSION[.] OR TO MARK THE PLANS WHICH HAVE BEEN PROVIDED TO
28 IT BY THE DESIGNER BY FIELD LOCATION OR BY ANOTHER METHOD AGREED
29 TO BY THE DESIGNER, EXCAVATOR AND FACILITY OWNER, OR THEIR
30 AGENT. THE FACILITY OWNER SHALL SO ADVISE THE PERSON MAKING THE
20050H2223B3323 - 40 -
1 REQUEST OF THE FACILITY OWNER'S STATUS AT THE SITE THROUGH [A]
2 THE ONE CALL SYSTEM.
3 (5) [NOT MORE THAN TWO WORKING DAYS AFTER] AFTER RECEIPT OF
4 A TIMELY REQUEST [THEREFOR] FROM [A CONTRACTOR] AN EXCAVATOR OR
5 OPERATOR WHO IDENTIFIES THE SITE OF EXCAVATION OR DEMOLITION
6 WORK HE INTENDS TO PERFORM[:] AND NOT LATER THAN THE BUSINESS
7 DAY PRIOR TO THE SCHEDULED DATE OF EXCAVATION:
8 (I) TO MARK, STAKE, LOCATE OR OTHERWISE PROVIDE THE POSITION
9 OF THE FACILITY OWNER'S UNDERGROUND LINES AT THE SITE WITHIN
10 EIGHTEEN INCHES HORIZONTALLY FROM THE OUTSIDE WALL OF SUCH LINE
11 IN A MANNER SO AS TO ENABLE THE [CONTRACTOR] EXCAVATOR, WHERE
12 APPROPRIATE, TO EMPLOY PRUDENT TECHNIQUES, WHICH MAY INCLUDE
13 HAND-DUG TEST HOLES, TO DETERMINE THE PRECISE POSITION OF THE
14 UNDERGROUND FACILITY OWNER'S LINES. THIS SHALL BE DONE TO THE
15 EXTENT SUCH INFORMATION IS AVAILABLE IN THE FACILITY OWNER'S
16 RECORDS OR BY USE OF STANDARD LOCATING TECHNIQUES OTHER THAN
17 EXCAVATION. IN THE EXCAVATION PHASE, FACILITY OWNERS SHALL MAKE
18 REASONABLE EFFORTS TO LOCATE OR NOTIFY EXCAVATORS OF THE
19 EXISTENCE AND TYPE OF ABANDONED LINES THAT REMAIN ON THEIR
20 CONTINUING PROPERTY RECORDS.
21 (I.1) [A] TO, WHERE CONTAINED ON ITS CONTINUING PROPERTY
22 RECORDS, [FACILITY OWNER MAY] IDENTIFY THE LOCATION OF [A KNOWN
23 FACILITY CONNECTED] AN ACTUALLY KNOWN FACILITY'S POINT OF
24 CONNECTION TO ITS FACILITIES, [BUT] WHERE THE POINT OF
25 CONNECTION IS NOT OWNED OR OPERATED BY THE FACILITY OWNER[, AS A
26 HELPFUL GUIDE TO THE EXCAVATOR OR OWNER]. THE IDENTIFICATION
27 SHALL NOT BE DEEMED TO IMPOSE ANY LIABILITY UPON THE FACILITY
28 OWNER FOR THE ACCURACY OF THE [PRIVATE FACILITY] OTHER
29 FACILITY'S IDENTIFICATION.
30 (II) [A FACILITY OWNER,] TO, AT ITS OPTION, [MAY] TIMELY
20050H2223B3323 - 41 -
1 ELECT TO EXCAVATE AROUND ITS FACILITIES IN FULFILLMENT OF THIS
2 SUBPARAGRAPH.
3 (III) TO PROPOSE MUTUALLY AGREEABLE SCHEDULING BY WHICH THE
4 EXCAVATOR, FACILITY OWNER OR DESIGNER MAY LOCATE THE FACILITIES.
5 (V) TO RESPOND TO ALL NOTICES THROUGH [A] THE ONE CALL
6 SYSTEM, PROVIDED THE REQUEST IS MADE IN THE TIME FRAME SET FORTH
7 UNDER THIS ACT. THE RESPONSE SHALL BE MADE NOT LATER THAN THE
8 END OF THE SECOND BUSINESS DAY FOLLOWING RECEIPT OF THE
9 NOTIFICATION BY THE ONE CALL SYSTEM, EXCLUDING THE BUSINESS DAY
10 UPON WHICH THE NOTIFICATION IS RECEIVED, OR NOT LATER THAN THE
11 DAY PRIOR TO THE SCHEDULED DATE OF EXCAVATION, IF THE EXCAVATOR
12 SPECIFIES A LATER DATE. IN THE CASE OF AN EMERGENCY, TO RESPOND
13 THROUGH THE ONE CALL SYSTEM AS SOON AS PRACTICABLE FOLLOWING
14 RECEIPT OF NOTIFICATION OF THE EMERGENCY BY THE ONE CALL SYSTEM.
15 (VI) IN MARKING THE APPROXIMATE POSITION OF UNDERGROUND
16 LINES OR FACILITIES, THE FACILITY OWNER SHALL FOLLOW [AMERICAN
17 PUBLIC WORKS ASSOCIATION AND UTILITY LOCATING AND COORDINATION
18 COUNCIL TEMPORARY MARKING STANDARDS.] THE COMMON GROUND ALLIANCE
19 BEST PRACTICES FOR TEMPORARY MARKING SET FORTH IN ANSI STANDARD
20 7535.1. SHOULD THE [AMERICAN PUBLIC WORKS ASSOCIATION AND
21 UTILITY LOCATING AND COORDINATION COUNCIL TEMPORARY MARKING
22 STANDARDS] COMMON GROUND ALLIANCE BEST PRACTICES BE AMENDED, THE
23 AMENDED [STANDARDS] GUIDELINES SHALL BE APPLIED AND FOLLOWED. IF
24 THE COMMON GROUND ALLIANCE BEST PRACTICES NO LONGER PUBLISHES
25 GUIDELINES FOR TEMPORARY MARKINGS OR IF THE RESPONSIBILITY FOR
26 PUBLISHING THE GUIDELINES IS TRANSFERRED TO OR ASSUMED BY
27 ANOTHER ENTITY, THE FACILITY OWNER SHALL FOLLOW THE GUIDELINES
28 APPROVED BY THE ONE CALL SYSTEM'S BOARD OF DIRECTORS.
29 (VII) TO RESPOND TO [EMERGENCIES] EMERGENCY NOTIFICATIONS AS
30 SOON AS [PRACTICAL] PRACTICABLE FOLLOWING RECEIPT OF
20050H2223B3323 - 42 -
1 NOTIFICATION OF SUCH EMERGENCY. THE RESPONSE BY THE FACILITY
2 OWNER SHALL BE CONSISTENT WITH THE NATURE OF THE EMERGENCY
3 INFORMATION RECEIVED BY THE FACILITY OWNER.
4 (VIII) TO PARTICIPATE IN PRECONSTRUCTION MEETINGS FOR A
5 COMPLEX PROJECT OR AS DESCRIBED IN CLAUSE (3) OF SECTION 5.
6 [(8) OPERATION COSTS FOR A ONE CALL SYSTEM SHALL BE SHARED,
7 IN AN EQUITABLE MANNER FOR SERVICES RECEIVED, BY FACILITY OWNER
8 MEMBERS AS DETERMINED BY A ONE CALL SYSTEM'S BOARD OF DIRECTORS.
9 POLITICAL SUBDIVISIONS WITH A POPULATION OF LESS THAN TWO
10 THOUSAND PERSONS OR MUNICIPAL AUTHORITIES HAVING AN AGGREGATE
11 POPULATION IN THE AREA SERVED BY THE MUNICIPAL AUTHORITY OF LESS
12 THAN FIVE THOUSAND PERSONS SHALL BE EXEMPT FROM PAYMENT OF ANY
13 SERVICE FEE.]
14 (9) IF A FACILITY OWNER FAILS TO BECOME A MEMBER OF [A] THE
15 ONE CALL SYSTEM IN VIOLATION OF THIS ACT AND A LINE OR LINES OF
16 SUCH NONMEMBER FACILITY OWNER ARE DAMAGED BY [A CONTRACTOR] AN
17 EXCAVATOR BY REASON OF THE [CONTRACTOR'S] EXCAVATOR'S FAILURE TO
18 NOTIFY THE FACILITY OWNER BECAUSE THE FACILITY OWNER WAS NOT A
19 MEMBER OF [A] THE ONE CALL SYSTEM SERVING THE LOCATION WHERE THE
20 DAMAGE OCCURRED, SUCH FACILITY OWNER SHALL HAVE NO RIGHT OF
21 RECOVERY FROM THE [CONTRACTOR] EXCAVATOR OF ANY COSTS ASSOCIATED
22 WITH THE DAMAGE TO ITS LINES. THE RIGHT HEREIN GRANTED SHALL NOT
23 BE IN LIMITATION OF ANY OTHER RIGHTS OF THE [CONTRACTOR]
24 EXCAVATOR.
25 (10) TO SUBMIT AN INCIDENT REPORT TO THE DEPARTMENT NOT MORE
26 THAN TEN [WORKING] BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT
27 THE FACILITY OWNER'S LINES HAVE BEEN DAMAGED BY EXCAVATION OR
28 DEMOLITION ACTIVITIES THAT RESULTED IN PERSONAL INJURY OR IN
29 PROPERTY DAMAGE TO PARTIES OTHER THAN THE AFFECTED EXCAVATOR OR
30 FACILITY OWNER. IN ADDITION, THE INCIDENT REPORT MAY LIKEWISE BE
20050H2223B3323 - 43 -
1 FURNISHED TO THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND THE
2 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY PURSUANT TO MEMORANDA
3 OF UNDERSTANDING NEGOTIATED BETWEEN THESE AGENCIES AND THE
4 DEPARTMENT[.], WHICH SHALL, AT A MINIMUM, PROVIDE FOR A COMMON
5 REPORTING FORMAT FOR INCIDENT REPORTS. THE DEPARTMENT SHALL
6 FURNISH TO [A] THE ONE CALL SYSTEM, UPON REASONABLE REQUEST,
7 STATISTICAL DATA PERTAINING TO THE NUMBER OF INCIDENT REPORTS
8 FILED WITH THE DEPARTMENT AND THE TYPE, NUMBER AND RESULTS OF
9 INVESTIGATIONS FOR VIOLATIONS OF THIS ACT.
10 (11) TO COMPLY WITH ALL REQUESTS FOR INFORMATION BY THE
11 DEPARTMENT RELATING TO THE DEPARTMENT'S ENFORCEMENT AUTHORITY
12 UNDER THIS ACT WITHIN THIRTY DAYS OF THE RECEIPT OF THE REQUEST.
13 SECTION 3. IT SHALL BE THE DUTY OF [A] THE ONE CALL SYSTEM
14 TO DO THE FOLLOWING:
15 (1.1) TO ASSIGN [A SERIAL NUMBER AND] ONE OR MORE SERIAL
16 NUMBERS AND THE DATE THAT THE SITE MAY LEGALLY BE EXCAVATED AND
17 TO LOG THE ENTIRE VOICE TRANSACTION ON LOGGING RECORDERS IN
18 APPROPRIATE DIGITAL FORM AND MAINTAIN THESE LOGS FOR FIVE YEARS.
19 ALL RECORDS SHALL BE INDEXED AND AVAILABLE TO THE PARTIES
20 INVOLVED AT A REASONABLE COST AND AT REASONABLE TIMES SET BY [A]
21 THE ONE CALL SYSTEM.
22 (1.2) PERFORM THE OBLIGATIONS, AS SET FORTH UNDER THIS
23 SECTION, ON BEHALF OF THE FACILITY OWNER, [CONTRACTOR] EXCAVATOR
24 OR DESIGNER AS ESTABLISHED BY THE BOARD OF DIRECTORS OF [A] THE
25 ONE CALL SYSTEM.
26 (1.3) PROVIDE ACCESS TO MUNICIPAL LISTS PROVIDED TO [A] THE
27 ONE CALL SYSTEM FOR THOSE INTERESTED PARTIES. THIS LIST SHALL
28 CONTAIN FACILITY OWNERS HAVING LINES IN THE MUNICIPALITY,
29 INCLUDING WARDS AS INDICATED IN SUBCLAUSE (II) OF CLAUSE (1) OF
30 SECTION 2, AND TO MAINTAIN, FOR EACH MUNICIPALITY, A LIST
20050H2223B3323 - 44 -
1 CONTAINING THE INFORMATION AS REQUIRED TO BE SUBMITTED BY THE
2 FACILITY OWNER. SUCH LIST SHALL BE UPDATED AS REVISED
3 INFORMATION IS RECEIVED FROM THE FACILITY OWNER WITHIN FIVE
4 [WORKING] BUSINESS DAYS.
5 (2) TO MAKE SUCH LISTS UNDER CLAUSE (1.3) AVAILABLE FOR
6 PUBLIC INSPECTION VIA THE COUNTY RECORDER OF DEEDS WITHOUT
7 CHARGE. A MAXIMUM COPY FEE OF NO MORE THAN TWENTY-FIVE DOLLARS
8 ($25) MAY BE CHARGED PER COUNTY LIST. EACH FACILITY OWNER CHANGE
9 SHALL BE FORWARDED, AT NO CHARGE, TO THE RESPECTIVE COUNTY
10 RECORDER OF DEEDS FOR PUBLIC ACCESS. THE RECORDER OF DEEDS SHALL
11 MAKE SUCH LIST AVAILABLE FOR PUBLIC INSPECTION[.] BASED ON THE
12 MOST CURRENT INFORMATION PROVIDED TO IT BY THE ONE CALL SYSTEM.
13 (3) NOT MORE THAN TEN [WORKING] BUSINESS DAYS AFTER THE
14 RECEIPT OF A CLEAR AND SPECIFIC REQUEST FROM THE DEPARTMENT, TO
15 PROVIDE ACCESS TO OR PHOTOCOPIES OF SPECIFIC ONE CALL SYSTEM
16 RESPONSE RECORDS, TICKETS OR OTHER LIKE INFORMATION RELATING TO
17 MATTERS UNDER INVESTIGATION BY THE DEPARTMENT PURSUANT TO ITS
18 ENFORCEMENT AUTHORITY UNDER THIS ACT.
19 (4) TO DETERMINE THE MAXIMUM GEOGRAPHIC AREA THAT SHALL
20 CONSTITUTE A VALID SINGLE NOTIFICATION AND TO DETERMINE WHEN
21 MULTIPLE NOTIFICATIONS SHALL BE REQUIRED OF ANY PERSON,
22 INCLUDING THE METHOD, THE TYPE AND THE NUMBER OF NOTIFICATIONS
23 IN A COMPLEX PROJECT.
24 (5) IF APPROVED BY THE BOARD OF DIRECTORS OF THE ONE CALL
25 SYSTEM, TO OFFER A SERVICE FOR THE APPLICATION AND OBTAINING OF
26 STATE OR MUNICIPAL PERMITS FOR EXCAVATION WORK. ISSUANCE OF THE
27 REQUIRED PERMITS SHALL BE THE RESPONSIBILITY OF THE APPROPRIATE
28 STATE OR MUNICIPAL AGENCY WHICH HAS JURISDICTION OVER THE TYPE
29 OF EXCAVATION WORK BEING PERFORMED.
30 (6) PURSUANT TO POLICIES ADOPTED BY THE ONE CALL SYSTEM'S
20050H2223B3323 - 45 -
1 BOARD OF DIRECTORS, TO PROVIDE A SECURE REPOSITORY FOR AND
2 ACCESS TO SUBSURFACE UTILITY ENGINEERING DATA RECEIVED FROM
3 PROJECT OWNERS TO AFFECTED FACILITY OWNER MEMBERS.
4 (7) TO INQUIRE, WHEN AN EXCAVATOR HAS NOTIFIED THE ONE CALL
5 SYSTEM OF THE EXISTENCE OF A RELEASE OF NATURAL GAS OR OTHER
6 HAZARDOUS SUBSTANCE OR OF POTENTIAL DANGER TO LIFE, HEALTH OR
7 PROPERTY, WHETHER THE EXCAVATOR HAS NOTIFIED THE 911 SYSTEM. IF
8 THE 911 SYSTEM HAS NOT BEEN NOTIFIED, THE ONE CALL SYSTEM SHALL
9 NOTIFY THE EXCAVATOR OF THE EXCAVATOR'S RESPONSIBILITY TO NOTIFY
10 THE 911 SYSTEM AND SHALL MAKE A RECORD OF THE CONVERSATION.
11 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
12 SECTION 3.1. (A) THE DUTIES OF THE ONE CALL SYSTEM ARE
13 THOSE DUTIES AS SET FORTH IN SECTION 3. DUTIES ASSIGNED TO OTHER
14 PARTIES IN OTHER SECTIONS OF THIS ACT SHALL BE THE DUTIES OF
15 THOSE PARTIES AND SHALL NOT BE IMPUTED TO THE ONE CALL SYSTEM,
16 INCLUDING THE DUTY TO PROVIDE ACCURATE INFORMATION TO THE ONE
17 CALL SYSTEM CONCERNING PROPOSED EXCAVATION AND THE DUTY TO
18 LOCATE FACILITIES AT A SITE.
19 (B) THE ONE CALL SYSTEM SHALL NOT BE LIABLE FOR DAMAGES TO
20 THE PERSON OR THE PERSON'S PROPERTY ARISING OUT OF ITS
21 NONNEGLIGENT ACTIONS IN FURTHERANCE OF THE DUTIES IMPOSED UNDER
22 THIS ACT AND SHALL BE LIABLE ONLY IF THE FAILURE TO COMPLY WAS
23 THE PROXIMATE CAUSE OF ANY DAMAGES CLAIMED.
24 (C) PRIOR TO ANY ACTION INSTITUTED IN A COURT OF THIS
25 COMMONWEALTH NAMING OR JOINING THE ONE CALL SYSTEM AS A PARTY,
26 THE COURT SHALL CONDUCT A HEARING TO DETERMINE WHETHER THE ONE
27 CALL SYSTEM MAY BE NAMED OR JOINED IN THE ACTION FOR FAILURE TO
28 COMPLY WITH THIS ACT.
29 (D) THE ONE CALL SYSTEM SHALL BE GOVERNED BY A BOARD OF
30 DIRECTORS, TO BE CHOSEN BY THE FACILITY OWNERS. NO LESS THAN
20050H2223B3323 - 46 -
1 TWENTY PERCENT OF THE SEATS ON THE BOARD SHALL BE HELD BY
2 MUNICIPALITIES OR MUNICIPAL AUTHORITIES. THE BOARD SHALL INCLUDE
3 ALL OF THE FOLLOWING:
4 (1) THE CHAIRMAN OF THE PENNSYLVANIA PUBLIC UTILITY
5 COMMISSION OR HIS DESIGNEE.
6 (2) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT
7 AGENCY OR HIS DESIGNEE.
8 (3) THE SECRETARY OF LABOR AND INDUSTRY OR HIS DESIGNEE.
9 (4) THE SECRETARY OF TRANSPORTATION OR HIS DESIGNEE.
10 (5) AN EXCAVATOR OR EXCAVATION INDUSTRY REPRESENTATIVE.
11 (6) A DESIGNER OR DESIGNER INDUSTRY REPRESENTATIVE.
12 (E) OPERATION COSTS FOR THE ONE CALL SYSTEM SHALL BE SHARED,
13 IN AN EQUITABLE MANNER FOR SERVICES RECEIVED, BY FACILITY OWNER
14 MEMBERS AS DETERMINED BY THE ONE CALL SYSTEM'S BOARD OF
15 DIRECTORS. POLITICAL SUBDIVISIONS WITH A POPULATION OF LESS THAN
16 TWO THOUSAND PEOPLE OR MUNICIPAL AUTHORITIES HAVING AN AGGREGATE
17 POPULATION IN THE AREA SERVED BY THE MUNICIPAL AUTHORITY OF LESS
18 THAN FIVE THOUSAND PEOPLE SHALL BE EXEMPT FROM THE PAYMENT OF
19 ANY SERVICE FEE. THE ONE CALL SYSTEM MAY BE REIMBURSED FOR ITS
20 COSTS IN PROVIDING THIS SERVICE FROM THE CONTRACTOR FEES.
21 (F) ALL FEES SHALL BE SET BY THE BOARD OF DIRECTORS AND
22 SHALL BE BASED ON THE LATEST ANNUAL AUDITED COST FACTORS OF THE
23 ONE CALL SYSTEM. FEES SHALL BE SET AND ADJUSTED TO A RATE NOT
24 MORE THAN FIVE PERCENT ABOVE THE AUDITED COST FACTOR PLUS THE
25 CURRENT AVERAGE PUBLISHED CONSUMER PRICE INDEX FOR PENNSYLVANIA.
26 COSTS OF CAPITAL IMPROVEMENTS MAY BE ADDED, IF THE IMPROVEMENT
27 RECEIVES A MAJORITY VOTE OF THE BOARD OF DIRECTORS.
28 (G) AN EXCAVATOR, DESIGNER OR OPERATOR WHO PROPOSES TO
29 COMMENCE EXCAVATION OR DEMOLITION WORK AND REQUESTS INFORMATION
30 OF THE ONE CALL SYSTEM SHALL BE CHARGED A FEE FOR THE SERVICE
20050H2223B3323 - 47 -
1 RECEIVED FROM THE ONE CALL SYSTEM. THE FEE SHALL BE USED TO
2 OFFSET THE OPERATION COST LEVIED ON THE POLITICAL SUBDIVISION
3 AND MUNICIPAL AUTHORITY MEMBERS IN LIEU OF ADDITIONAL FEES
4 CHARGED FOR LOCATIONS UNDER THIS ACT.
5 (H) ANY REQUEST FOR INFORMATION SHALL BE REVIEWED AND
6 PROVIDED AS DETERMINED IN ACCORDANCE WITH THE PROCEDURE
7 ESTABLISHED BY THE ONE CALL SYSTEM'S BOARD OF DIRECTORS.
8 SECTION 5. SECTION 4 OF THE ACT, AMENDED DECEMBER 19, 1996
9 (P.L.1460, NO.187), IS AMENDED TO READ:
10 SECTION 4. IT SHALL BE THE DUTY OF EACH DESIGNER PREPARING A
11 DRAWING [REQUIRING] WHICH REQUIRES EXCAVATION OR DEMOLITION WORK
12 WITHIN THE COMMONWEALTH:
13 (2) TO REQUEST THE LINE AND FACILITY INFORMATION PRESCRIBED
14 BY SECTION 2, CLAUSE (4) FROM [A] THE ONE CALL SYSTEM NOT LESS
15 THAN TEN NOR MORE THAN NINETY [WORKING] BUSINESS DAYS BEFORE
16 FINAL DESIGN IS TO BE COMPLETED. THIS CLAUSE IS NOT INTENDED TO
17 PROHIBIT DESIGNERS FROM OBTAINING SUCH INFORMATION MORE THAN
18 NINETY DAYS BEFORE FINAL DESIGN IS TO BE COMPLETED; HOWEVER,
19 THEY SHALL STATE IN THEIR REQUIREMENTS THAT SUCH WORK IS
20 PRELIMINARY.
21 (2.1) TO FORWARD A COPY OF THE PROJECT PLANS TO EACH
22 FACILITY OWNER WHO REQUESTS A COPY. IF A DESIGNER IS UNABLE TO
23 PROVIDE A COPY BECAUSE OF SECURITY OF THE PROJECT OR PROPRIETARY
24 CONCERNS REGARDING THE DESIGN OR THE PROJECT, THE DESIGNER SHALL
25 NEGOTIATE IN A TIMELY MANNER WITH THE FACILITY OWNER THE MEANS
26 OF OBTAINING THE NECESSARY DATA.
27 (3) TO SHOW UPON THE DRAWING THE POSITION AND TYPE OF EACH
28 FACILITY OWNER'S LINE, DERIVED PURSUANT TO THE REQUEST MADE AS
29 REQUIRED BY CLAUSE (2), AND THE NAME OF THE FACILITY OWNER[, AND
30 THE FACILITY OWNER'S DESIGNATED OFFICE ADDRESS AND THE TELEPHONE
20050H2223B3323 - 48 -
1 NUMBER] AS SHOWN ON THE LIST REFERRED TO IN SECTION 3.
2 (4) TO MAKE A REASONABLE EFFORT TO PREPARE THE CONSTRUCTION
3 DRAWINGS TO AVOID DAMAGE TO AND MINIMIZE INTERFERENCE WITH A
4 FACILITY OWNER'S FACILITIES IN THE CONSTRUCTION AREA BY
5 MAINTAINING THE CLEARANCE AS PROVIDED FOR IN THE APPLICABLE
6 EASEMENT CONDITION OR AN EIGHTEEN-INCH CLEARANCE OF THE FACILITY
7 OWNER'S FACILITIES IF NO EASEMENT RESTRICTION EXISTS.
8 (5) A DESIGNER SHALL BE DEEMED TO HAVE MET THE OBLIGATIONS
9 OF CLAUSE (2) IF HE CALLS [A] THE ONE CALL SYSTEM AND SHOWS AS
10 PROOF THE SERIAL NUMBER OF ONE CALL NOTICE ON DRAWINGS. THE
11 DESIGNER SHALL ALSO SHOW THE TOLL-FREE NUMBER OF [A] THE ONE
12 CALL SYSTEM ON THE DRAWING NEAR HIS SERIAL NUMBER.
13 (6) IF, AFTER RECEIVING INFORMATION FROM THE FACILITY
14 OWNERS, THE DESIGNER DECIDES TO CHANGE THE SITE OF A PROPOSED
15 EXCAVATION, THE OBLIGATIONS IMPOSED BY THIS SECTION SHALL APPLY
16 TO THE NEW SITE.
17 (7) THE DESIGNER WHO HAS COMPLIED WITH THE TERMS OF THIS ACT
18 AND WHO WAS NOT OTHERWISE NEGLIGENT SHALL NOT BE SUBJECT TO
19 LIABILITY OR INCUR ANY OBLIGATION TO FACILITY OWNERS, OPERATORS,
20 OWNERS OR OTHER PERSONS WHO SUSTAIN INJURY TO PERSON OR PROPERTY
21 AS A RESULT OF THE EXCAVATION OR DEMOLITION PLANNING WORK OF THE
22 DESIGNER.
23 SECTION 6. SECTION 5 OF THE ACT, AMENDED NOVEMBER 30, 2004
24 (P.L.1567, NO.199), IS AMENDED TO READ:
25 SECTION 5. IT SHALL BE THE DUTY OF EACH [CONTRACTOR]
26 EXCAVATOR WHO INTENDS TO PERFORM EXCAVATION OR DEMOLITION WORK
27 WITHIN THIS COMMONWEALTH:
28 (2.1) TO REQUEST THE LOCATION AND TYPE OF FACILITY OWNER
29 LINES AT EACH SITE BY NOTIFYING THE FACILITY OWNER THROUGH [A]
30 THE ONE CALL SYSTEM. NOTIFICATION SHALL BE NOT LESS THAN THREE
20050H2223B3323 - 49 -
1 NOR MORE THAN TEN [WORKING] BUSINESS DAYS IN ADVANCE OF
2 BEGINNING EXCAVATION OR DEMOLITION WORK. NO WORK SHALL BEGIN
3 EARLIER THAN THE SCHEDULED EXCAVATION DATE WHICH SHALL BE ON OR
4 AFTER THE THIRD BUSINESS DAY AFTER NOTIFICATION. THE SCHEDULED
5 EXCAVATION DATE SHALL EXCLUDE THE DATE UPON WHICH NOTIFICATION
6 WAS RECEIVED BY THE ONE CALL SYSTEM AND NOTIFICATION RECEIVED ON
7 A SATURDAY, SUNDAY OR HOLIDAY, WHICH SHALL BE PROCESSED ON THE
8 FOLLOWING BUSINESS DAY. IN THE CASE OF A COMPLEX PROJECT,
9 NOTIFICATION SHALL NOT BE LESS THAN TEN BUSINESS DAYS IN ADVANCE
10 OF THE BEGINNING OF EXCAVATION OR DEMOLITION WORK.
11 (2.2) TO PROVIDE [A] THE ONE CALL SYSTEM WITH SPECIFIC
12 INFORMATION TO IDENTIFY THE SITE SO THAT FACILITY OWNERS MIGHT
13 PROVIDE INDICATIONS OF THEIR LINES. [A CONTRACTOR] AN EXCAVATOR
14 SHALL BE DEEMED TO HAVE MET THE OBLIGATIONS OF CLAUSE (2.1) IF
15 HE CALLS [A] THE ONE CALL SYSTEM, PROVIDES THE SITE AND OTHER
16 REQUIRED INFORMATION AND RECEIVES A SERIAL NUMBER.
17 (3) [IF A CONTRACTOR] IN A COMPLEX PROJECT OR IF AN
18 EXCAVATOR INTENDS TO PERFORM WORK AT MULTIPLE SITES OR OVER A
19 LARGE AREA, HE SHALL TAKE REASONABLE STEPS TO WORK WITH FACILITY
20 OWNERS, INCLUDING SCHEDULING AND CONDUCTING A PRECONSTRUCTION
21 MEETING, SO THAT THEY MAY LOCATE THEIR FACILITIES AT A TIME
22 REASONABLY IN ADVANCE OF THE ACTUAL START OF EXCAVATION OR
23 DEMOLITION WORK FOR EACH PHASE OF THE WORK. A PRECONSTRUCTION
24 MEETING MAY TAKE PLACE AT ANY TIME PRIOR TO THE COMMENCEMENT OF
25 EXCAVATION OR DEMOLITION WORK, AND THE EXCAVATOR, FACILITY
26 OWNERS AND DESIGNER, OR THEIR AGENTS, SHALL ATTEND THE MEETING.
27 NOTICE OF THE MEETING SHALL BE GIVEN SUFFICIENTLY IN ADVANCE SO
28 AS TO PERMIT ATTENDANCE, EITHER IN PERSON OR ELECTRONICALLY, BY
29 THE EXCAVATOR, FACILITY OWNERS AND DESIGNER, OR THEIR AGENTS,
30 AND SHALL INCLUDE INFORMATION SUFFICIENT TO IDENTIFY THE SCOPE
20050H2223B3323 - 50 -
1 OF WORK. IF THE EXCAVATOR DOES NOT BELIEVE THAT A
2 PRECONSTRUCTION MEETING IS NECESSARY UNDER THE CIRCUMSTANCES OF
3 THIS PARAGRAPH IT SHALL INDICATE SUCH BELIEF IN ITS NOTICE, BUT
4 ANY FACILITY OWNER WITH FACILITIES AT THE SITE MAY REQUEST A
5 MEETING WITH THE EXCAVATOR AND A MEETING SHALL BE HELD BETWEEN
6 THE FACILITY OWNER AND THE EXCAVATOR. AFTER COMMENCEMENT OF
7 EXCAVATION OR DEMOLITION WORK, THE [CONTRACTOR] EXCAVATOR SHALL
8 BE RESPONSIBLE FOR PROTECTING AND PRESERVING THE STAKING,
9 MARKING OR OTHER DESIGNATION UNTIL NO LONGER REQUIRED FOR PROPER
10 AND SAFE EXCAVATION OR DEMOLITION WORK AT OR NEAR THE
11 UNDERGROUND FACILITY, OR BY [CALLING FOR AN ADDITIONAL
12 RELOCATION] CONTACTING THE ONE CALL SYSTEM TO REQUEST THAT THE
13 FACILITIES BE MARKED AGAIN IN THE EVENT THAT THE PREVIOUS
14 MARKINGS HAVE BEEN COMPROMISED OR ELIMINATED.
15 (3.1) TO COMPLY WITH THE REQUIREMENTS ESTABLISHED BY THE ONE
16 CALL SYSTEM AS DETERMINED BY THE BOARD OF DIRECTORS REGARDING
17 THE MAXIMUM AREA THAT A NOTIFICATION MAY COVER.
18 (4) TO EXERCISE DUE CARE; AND TO TAKE ALL REASONABLE STEPS
19 NECESSARY TO AVOID INJURY TO OR OTHERWISE INTERFERE WITH ALL
20 LINES WHERE POSITIONS HAVE BEEN PROVIDED TO THE [CONTRACTOR]
21 EXCAVATOR BY THE FACILITY OWNERS PURSUANT TO CLAUSE (5) OF
22 SECTION 2. WITHIN THE TOLERANCE ZONE [OR IF INSUFFICIENT
23 INFORMATION IS AVAILABLE PURSUANT TO CLAUSE (5) OF SECTION 2,
24 THE CONTRACTOR] THE EXCAVATOR SHALL EMPLOY PRUDENT TECHNIQUES,
25 WHICH MAY INCLUDE HAND-DUG TEST HOLES, TO ASCERTAIN THE PRECISE
26 POSITION OF SUCH FACILITIES[,]. IF INSUFFICIENT INFORMATION TO
27 SAFELY EXCAVATE IS AVAILABLE PURSUANT TO CLAUSE (5) OF SECTION
28 2, THE EXCAVATOR SHALL EMPLOY LIKE PRUDENT TECHNIQUES WHICH
29 SHALL BE PAID FOR BY THE OWNER PURSUANT TO CLAUSE (15) OF THIS
30 SECTION.
20050H2223B3323 - 51 -
1 (5) IF THE FACILITY OWNER FAILS TO RESPOND TO THE
2 [CONTRACTOR'S TIMELY REQUEST WITHIN THE TWO WORK DAYS]
3 EXCAVATOR'S TIMELY REQUEST AS PROVIDED UNDER CLAUSE (5) OF
4 SECTION 2 OR THE FACILITY OWNER NOTIFIES THE [CONTRACTOR]
5 EXCAVATOR THAT THE LINE CANNOT BE MARKED WITHIN THE TIME FRAME
6 AND A MUTUALLY AGREEABLE DATE FOR MARKING CANNOT BE ARRIVED AT,
7 THE [CONTRACTOR] EXCAVATOR MAY PROCEED WITH EXCAVATION [AT THE
8 END OF THREE WORKING DAYS] AS SCHEDULED, BUT NOT EARLIER THAN
9 THE LAWFUL DIG DATE, PROVIDED HE EXERCISES DUE CARE IN HIS
10 ENDEAVORS, SUBJECT TO THE LIMITATIONS CONTAINED IN THIS CLAUSE
11 AND CLAUSES (2.1) THROUGH (4).
12 (6) TO INFORM EACH OPERATOR EMPLOYED BY THE [CONTRACTOR]
13 EXCAVATOR AT THE SITE OF SUCH WORK OF THE INFORMATION OBTAINED
14 BY THE [CONTRACTOR] EXCAVATOR PURSUANT TO CLAUSES (2.1) THROUGH
15 (5), AND THE [CONTRACTOR] EXCAVATOR AND OPERATOR SHALL:
16 (I) PLAN THE EXCAVATION OR DEMOLITION TO AVOID DAMAGE TO OR
17 MINIMIZE INTERFERENCE WITH A FACILITY OWNER'S FACILITIES IN THE
18 CONSTRUCTION AREA. EXCAVATION OR DEMOLITION WORK WHICH REQUIRES
19 TEMPORARY OR PERMANENT INTERRUPTION OF A FACILITY OWNER'S
20 SERVICE SHALL BE COORDINATED WITH THE AFFECTED FACILITY OWNER IN
21 ALL CASES.
22 (II) AFTER CONSULTING WITH A FACILITY OWNER, PROVIDE SUCH
23 SUPPORT AND MECHANICAL PROTECTION FOR KNOWN FACILITY OWNER'S
24 LINES AT THE CONSTRUCTION SITE DURING THE EXCAVATION OR
25 DEMOLITION WORK, INCLUDING DURING BACKFILLING OPERATIONS, AS MAY
26 BE REASONABLY NECESSARY FOR THE PROTECTION OF SUCH LINES.
27 (7) TO REPORT IMMEDIATELY TO THE FACILITY OWNER ANY BREAK OR
28 LEAK ON ITS LINES, OR ANY DENT, GOUGE, GROOVE OR OTHER DAMAGE TO
29 SUCH LINES OR TO THEIR COATING OR CATHODIC PROTECTION, MADE OR
30 DISCOVERED IN THE COURSE OF THE EXCAVATION OR DEMOLITION WORK.
20050H2223B3323 - 52 -
1 THE ONE CALL SYSTEM BOARD OF DIRECTORS MAY ADOPT PROCEDURES TO
2 PERMIT REPORTING UNDER THIS CLAUSE THROUGH THE ONE CALL SYSTEM.
3 (8) [TO ALERT IMMEDIATELY THE OCCUPANTS OF PREMISES AS TO
4 ANY EMERGENCY THAT SUCH PERSON MAY CREATE OR DISCOVER AT OR NEAR
5 SUCH PREMISES.] TO IMMEDIATELY NOTIFY 911 AND THE FACILITY
6 OWNER, IF THE DAMAGE RESULTS IN THE ESCAPE OF ANY FLAMMABLE,
7 TOXIC, OR CORROSIVE GAS OR LIQUID WHICH ENDANGERS LIFE, HEALTH
8 OR PROPERTY. THE EXCAVATOR SHALL TAKE REASONABLE MEASURES, BASED
9 ON ITS KNOWLEDGE, TRAINING, RESOURCES, EXPERIENCE AND
10 UNDERSTANDING OF THE SITUATION TO PROTECT THEMSELVES AND THOSE
11 IN IMMEDIATE DANGER, THE GENERAL PUBLIC, PROPERTY AND THE
12 ENVIRONMENT UNTIL THE FACILITY OWNER OR EMERGENCY RESPONDERS
13 HAVE ARRIVED AND COMPLETED THEIR ASSESSMENT AND SHALL REMAIN ON
14 SITE TO CONVEY ANY PERTINENT INFORMATION TO RESPONDERS THAT MAY
15 HELP THEM TO SAFELY MITIGATE THE SITUATION.
16 (9) THE TIME REQUIREMENTS OF CLAUSE (2.1) SHALL NOT APPLY TO
17 A FACILITY OWNER OR [CONTRACTOR] EXCAVATOR PERFORMING EXCAVATION
18 OR DEMOLITION WORK IN AN EMERGENCY, AS DEFINED IN SECTION 1;
19 NONETHELESS, ALL FACILITY OWNERS SHALL BE NOTIFIED AS SOON AS
20 POSSIBLE BEFORE, DURING OR AFTER EXCAVATION OR DEMOLITION,
21 DEPENDING UPON THE CIRCUMSTANCES.
22 (11) [A CONTRACTOR] AN EXCAVATOR SHALL USE THE COLOR WHITE
23 TO MARK A PROPOSED EXCAVATION SITE WHEN EXACT SITE INFORMATION
24 CANNOT BE PROVIDED.
25 (11.1) TO ASSIST A FACILITY OWNER IN DETERMINING INVOLVEMENT
26 OF A FACILITY OWNER'S LINES BY DISCLOSING ADDITIONAL AVAILABLE
27 INFORMATION REQUESTED BY THE FACILITY OWNER, INCLUDING
28 DIMENSIONS AND THE DIRECTION OF PROPOSED EXCAVATIONS.
29 (11.2) IF USING HORIZONTAL DIRECTIONAL DRILLING (HDD), AT A
30 MINIMUM, TO UTILIZE THE BEST PRACTICES PUBLISHED BY THE HDD
20050H2223B3323 - 53 -
1 CONSORTIUM.
2 (12) THE FOLLOWING STANDARDS SHALL BE APPLIED IN DETERMINING
3 WHETHER [A CONTRACTOR] AN EXCAVATOR SHALL INCUR ANY OBLIGATION
4 OR BE SUBJECT TO LIABILITY AS A RESULT OF [A CONTRACTOR'S] AN
5 EXCAVATOR'S DEMOLITION OR EXCAVATION WORK DAMAGING A FACILITY
6 OWNER'S FACILITIES:
7 (I) THE [CONTRACTOR] EXCAVATOR WHO HAS COMPLIED WITH THE
8 TERMS OF THIS ACT AND WHO WAS NOT OTHERWISE NEGLIGENT SHALL NOT
9 BE SUBJECT TO LIABILITY OR INCUR ANY OBLIGATION TO FACILITY
10 OWNERS, OPERATORS, PROJECT OWNERS OR OTHER PERSONS WHO SUSTAIN
11 INJURY TO PERSON OR PROPERTY AS A RESULT OF THE [CONTRACTOR'S]
12 EXCAVATOR'S EXCAVATION OR DEMOLITION WORK DAMAGING A FACILITY
13 OWNER'S LINES.
14 (II) WHERE [A CONTRACTOR] AN EXCAVATOR HAS FAILED TO COMPLY
15 WITH THE TERMS OF THIS ACT OR WAS OTHERWISE NEGLIGENT, AND THE
16 FACILITY OWNER OR DESIGNER HAS MISIDENTIFIED, MISLOCATED OR
17 FAILED TO IDENTIFY ITS FACILITIES PURSUANT TO THIS ACT, THEN IN
18 COMPUTING THE AMOUNT OF REIMBURSEMENT TO WHICH THE FACILITY
19 OWNER IS ENTITLED, THE COST OF REPAIRING OR REPLACING ITS
20 FACILITIES SHALL BE DIMINISHED IN THE SAME PROPORTION THAT THE
21 FACILITY OWNER'S OR DESIGNER'S MISIDENTIFICATION, MISLOCATION OR
22 FAILURE TO IDENTIFY THE FACILITIES CONTRIBUTED TO THE DAMAGE.
23 SHOULD THE FACILITY OWNER OR DESIGNER NOT HAVE MISIDENTIFIED,
24 MISLOCATED OR FAILED TO IDENTIFY ITS FACILITIES PURSUANT TO THIS
25 ACT, THERE SHALL BE NO DIMINUTION OF THE FACILITY OWNER'S RIGHT
26 OF RECOVERY.
27 (13) IF, AFTER RECEIVING INFORMATION FROM [A] THE ONE CALL
28 SYSTEM OR DIRECTLY FROM A FACILITY OWNER, THE [CONTRACTOR]
29 EXCAVATOR DECIDES TO CHANGE THE LOCATION, SCOPE OR DURATION OF A
30 PROPOSED EXCAVATION, THE OBLIGATIONS IMPOSED BY THIS SECTION
20050H2223B3323 - 54 -
1 SHALL APPLY TO THE NEW LOCATION.
2 (14) IF [A CONTRACTOR] AN EXCAVATOR REMOVES ITS EQUIPMENT
3 AND VACATES A WORKSITE FOR MORE THAN TWO [WORKING] BUSINESS
4 DAYS, HE SHALL RENOTIFY [A] THE ONE CALL SYSTEM UNLESS OTHER
5 ARRANGEMENTS HAVE BEEN MADE DIRECTLY WITH THE FACILITY OWNERS
6 INVOLVED IN HIS WORKSITE.
7 (15) WHEN THE INFORMATION REQUIRED FROM THE FACILITY OWNER
8 UNDER CLAUSE (5)(I) OF SECTION 2 CANNOT BE PROVIDED OR DUE TO
9 THE NATURE OF THE INFORMATION RECEIVED FROM THE FACILITY OWNER,
10 IT IS REASONABLY NECESSARY FOR THE [CONTRACTOR] EXCAVATOR TO
11 ASCERTAIN THE PRECISE LOCATION OF ANY LINE OR ABANDONED OR
12 UNCLAIMED LINES BY PRUDENT TECHNIQUES, WHICH MAY INCLUDE HAND-
13 DUG TEST HOLES, VACUUM EXCAVATION OR OTHER SIMILAR DEVICES, THE
14 [CONTRACTOR] EXCAVATOR SHALL PROMPTLY NOTIFY THE PROJECT OWNER
15 OR THE PROJECT OWNER'S REPRESENTATIVE, EITHER ORALLY OR IN
16 WRITING. AFTER GIVING SUCH NOTICE, THE [CONTRACTOR] EXCAVATOR
17 SHALL BE ENTITLED TO COMPENSATION FROM THE PROJECT OWNER FOR
18 THIS ADDITIONAL WORK AS PROVIDED IN THE LATEST EDITION OF THE
19 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION FORM 408
20 SPECIFICATIONS FOR EXTRA WORK PERFORMED ON A FORCE ACCOUNT
21 BASIS. THE PROVISIONS OF THIS SUBSECTION SHALL NOT BE DEEMED TO
22 LIMIT ANY OTHER RIGHTS WHICH THE [CONTRACTOR] EXCAVATOR HAS
23 UNDER ITS CONTRACT WITH THE PROJECT OWNER OR OTHERWISE.
24 PROVISIONS IN ANY CONTRACT, PUBLIC OR PRIVATE, WHICH ATTEMPT TO
25 LIMIT THE RIGHTS OF [CONTRACTORS] EXCAVATORS UNDER THIS SECTION
26 SHALL NOT BE [WAIVED] VALID FOR ANY REASON, AND ANY ATTEMPTED
27 WAIVER OF THIS SECTION SHALL BE VOID AND UNENFORCEABLE AS
28 AGAINST PUBLIC POLICY AND ANY SUCH ATTEMPTED WAIVER SHALL BE
29 REPORTED TO THE [DEPARTMENT OF LABOR AND INDUSTRY] DEPARTMENT.
30 (16) TO SUBMIT AN INCIDENT REPORT TO THE DEPARTMENT NOT MORE
20050H2223B3323 - 55 -
1 THAN TEN [WORKING] BUSINESS DAYS AFTER STRIKING OR OTHERWISE
2 DAMAGING A FACILITY OWNER'S LINE DURING EXCAVATION OR DEMOLITION
3 ACTIVITIES THAT RESULTED IN PERSONAL INJURY OR PROPERTY DAMAGE
4 TO PARTIES OTHER THAN THE AFFECTED [CONTRACTOR] EXCAVATOR OR
5 FACILITY OWNER. IN ADDITION, THE INCIDENT REPORT MAY BE
6 FURNISHED TO THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND THE
7 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY PURSUANT TO MEMORANDA
8 OF UNDERSTANDING NEGOTIATED BETWEEN THESE AGENCIES AND THE
9 DEPARTMENT.
10 (17) TO COMPLY WITH ALL REQUESTS FOR INFORMATION BY THE
11 DEPARTMENT RELATING TO THE DEPARTMENT'S ENFORCEMENT AUTHORITY
12 UNDER THIS ACT WITHIN THIRTY DAYS OF THE RECEIPT OF THE REQUEST.
13 (18) TO, IF IT CHOOSES TO DO SO AND IF WORKING FOR A
14 FACILITY OWNER, A MUNICIPALITY OR A MUNICIPAL AUTHORITY,
15 DELEGATE THE POWER TO DISCHARGE THE DUTIES SET FORTH IN CLAUSES
16 (2.1) AND (2.2) TO ITS PROJECT OWNER, WITH THE PROJECT OWNER'S
17 CONSENT. IF THE POWER IS DELEGATED PURSUANT TO THIS CLAUSE, BOTH
18 THE EXCAVATOR AND THE PROJECT OWNER SHALL BE RESPONSIBLE FOR
19 PROVIDING THE REQUIRED NOTICES.
20 (19) TO ENSURE THE ACCURACY OF ANY INFORMATION PROVIDED TO
21 THE ONE CALL SYSTEM PURSUANT TO THIS SECTION.
22 SECTION 7. SECTION 6 OF THE ACT, AMENDED DECEMBER 12, 1986
23 (P.L.1574, NO.172), IS AMENDED TO READ:
24 SECTION 6. [THIS] EXCEPT AS OTHERWISE PROVIDED IN THIS ACT,
25 THIS ACT SHALL NOT BE DEEMED TO AMEND OR REPEAL ANY OTHER LAW,
26 COMMONWEALTH REGULATION OR ANY LOCAL ORDINANCE ENACTED PURSUANT
27 TO LAW CONCERNING THE SAME SUBJECT MATTER, IT BEING THE
28 LEGISLATIVE INTENT THAT ANY SUCH OTHER LAW OR LOCAL ORDINANCE
29 SHALL HAVE FULL FORCE AND EFFECT WHERE NOT INCONSISTENT WITH
30 THIS ACT.
20050H2223B3323 - 56 -
1 SECTION 8. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
2 SECTION 6.1. IT SHALL BE THE DUTY OF EACH PROJECT OWNER WHO
3 ENGAGES IN EXCAVATION OR DEMOLITION WORK TO BE DONE WITHIN THIS
4 COMMONWEALTH:
5 (1) TO UTILIZE SUBSURFACE UTILITY ENGINEERING OR OTHER
6 SIMILAR TECHNIQUES, WHEREVER PRACTICABLE, WHEN DESIGNING COMPLEX
7 PROJECTS HAVING AN ESTIMATED COST OF FIVE HUNDRED THOUSAND
8 DOLLARS ($500,000) OR MORE.
9 (2) TO TIMELY RESPOND TO NOTIFICATIONS RECEIVED FROM
10 EXCAVATORS PURSUANT TO CLAUSE (15) OF SECTION 5.
11 (3) TO NOT RELEASE TO BID OR CONSTRUCTION ANY PROJECT UNTIL
12 AFTER FINAL DESIGN IS COMPLETED.
13 (4) TO PARTICIPATE IN DESIGN AND PRECONSTRUCTION MEETINGS
14 EITHER DIRECTLY OR THROUGH A REPRESENTATIVE.
15 (5) TO FURNISH THE PERTINENT DATA OBTAINED THROUGH
16 SUBSURFACE UTILITY ENGINEERING TO THE ONE CALL SYSTEM IN A
17 MUTUALLY AGREEABLE FORMAT.
18 (6) FOR NEW CONSTRUCTION AND WHERE PRACTICABLE IN THE
19 OPINION OF THE PROJECT OWNER, TO INSTALL COLOR-CODED PERMANENT
20 MARKERS TO INDICATE THE TYPE AND LOCATION OF ALL LATERALS
21 INSTALLED BY THE PROJECT OWNER.
22 SECTION 7. (A) THE AUDITOR GENERAL MAY REVIEW MANAGEMENT
23 AND FINANCIAL AUDITS OF THE ONE CALL SYSTEM, WHICH AUDITS SHALL
24 BE PERFORMED BY A QUALIFIED AUDITING FIRM WITHIN THIS
25 COMMONWEALTH. A COPY OF THE AUDIT SHALL BE SUBMITTED TO THE
26 AUDITOR GENERAL UPON ITS COMPLETION AND TO THE GENERAL ASSEMBLY
27 BY OCTOBER 31 OF THE YEAR FOLLOWING THE END OF THE AUDIT PERIOD.
28 THE COST OF REASONABLE EXPENSES INCURRED BY THE AUDITOR GENERAL
29 IN PERFORMING THE OBLIGATIONS UNDER THIS SECTION SHALL BE
30 REIMBURSED BY THE ONE CALL SYSTEM. THE FEES SHALL NOT BE
20050H2223B3323 - 57 -
1 INCONSISTENT WITH THOSE OF COMMERCIAL AUDITING FIRMS FOR SIMILAR
2 WORK.
3 (B) THE AUDITOR GENERAL, FOR THE PURPOSES SET FORTH IN
4 SUBSECTION (A), AND ANY CONTRACTOR, EXCAVATOR, FACILITY OWNER OR
5 MEMBER OF THE ONE CALL SYSTEM SHALL HAVE THE RIGHT DURING
6 REGULAR BUSINESS HOURS TO INSPECT AND COPY ANY RECORD, BOOK,
7 ACCOUNT, DOCUMENT OR ANY OTHER INFORMATION RELATING TO THE
8 PROVISION OF ONE CALL SERVICES BY THE ONE CALL SYSTEM, AT THE
9 COST DETERMINED BY THE BOARD OF DIRECTORS.
10 (C) THE ONE CALL SYSTEM SHALL SUBMIT AN ANNUAL REPORT TO ITS
11 MEMBERS, AND A COPY OF THE REPORT SHALL BE SUBMITTED TO THE
12 AUDITOR GENERAL.
13 SECTION 9. SECTION 7.1 OF THE ACT, AMENDED DECEMBER 19, 1996
14 (P.L.1460, NO.187), IS AMENDED TO READ:
15 [SECTION 7.1.
16 (B) A ONE CALL SYSTEM SHALL BE GOVERNED BY A BOARD OF
17 DIRECTORS, TO BE CHOSEN BY THE FACILITY OWNERS. NO LESS THAN
18 TWENTY PERCENT OF THE SEATS ON THE BOARD SHALL BE HELD BY
19 MUNICIPALITIES OR MUNICIPAL AUTHORITIES. THE BOARD SHALL INCLUDE
20 THE FOLLOWING:
21 (1) THE CHAIRMAN OF THE PENNSYLVANIA PUBLIC UTILITY
22 COMMISSION OR HIS DESIGNEE.
23 (2) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT
24 AGENCY OR HIS DESIGNEE.
25 (3) THE SECRETARY OF LABOR AND INDUSTRY OR HIS DESIGNEE.
26 (4) THE SECRETARY OF TRANSPORTATION OR HIS DESIGNEE.
27 (5) A CONTRACTOR OR INDUSTRY REPRESENTATIVE.
28 (6) A DESIGNER OR INDUSTRY REPRESENTATIVE.
29 (B.1) ALL FEES ARE TO BE SET BY THE BOARD OF DIRECTORS AND
30 SHALL BE BASED ON THE LATEST ANNUAL AUDITED COST FACTORS OF A
20050H2223B3323 - 58 -
1 ONE CALL SYSTEM. FEES SHALL BE SET AND ADJUSTED TO A RATE NOT
2 MORE THAN FIVE PERCENT ABOVE THE AUDITED COST FACTOR PLUS THE
3 CURRENT AVERAGE PUBLISHED CONSUMER PRICE INDEX FOR PENNSYLVANIA.
4 COSTS OF CAPITAL IMPROVEMENTS MAY BE ADDED, PROVIDED THE
5 IMPROVEMENT RECEIVES A MAJORITY VOTE OF THE BOARD OF DIRECTORS.
6 (C) THE AUDITOR GENERAL, FOR THE PURPOSES SET FORTH IN
7 SUBSECTION (C.1), AND ANY CONTRACTOR, FACILITY OWNER OR MEMBER
8 OF A ONE CALL SYSTEM SHALL HAVE THE RIGHT AT ANY TIME TO INSPECT
9 AND COPY ANY RECORD, BOOK, ACCOUNT, DOCUMENT OR ANY OTHER
10 INFORMATION RELATING TO THE PROVISION OF ONE CALL SERVICES BY A
11 ONE CALL SYSTEM AT HIS OWN COST.
12 (C.1) THE AUDITOR GENERAL SHALL CONDUCT A BIENNIAL
13 PERFORMANCE AND FINANCIAL AUDIT OF A ONE CALL SYSTEM. A COPY OF
14 THE AUDIT CONDUCTED BY THE AUDITOR GENERAL UNDER THIS PARAGRAPH
15 SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN ONE
16 HUNDRED AND EIGHTY DAYS FOLLOWING THE END OF THE AUDIT PERIOD.
17 THE ACTUAL COST OF REASONABLE EXPENSES INCURRED BY THE AUDITOR
18 GENERAL IN PERFORMING HIS OBLIGATIONS UNDER THIS SECTION SHALL
19 BE REIMBURSED BY A ONE CALL SYSTEM. SUCH FEES SHALL NOT BE
20 INCONSISTENT WITH THOSE OF COMMERCIAL AUDITING FIRMS FOR SIMILAR
21 WORK.
22 (C.2) A ONE CALL SYSTEM SHALL SUBMIT AN ANNUAL REPORT TO ITS
23 MEMBERS, AND A COPY OF THE REPORT SHALL BE SUBMITTED TO THE
24 GENERAL ASSEMBLY.
25 (G) ANY CONTRACTOR, DESIGNER OR OPERATOR WHO PROPOSES TO
26 COMMENCE EXCAVATION OR DEMOLITION WORK AND REQUESTS INFORMATION
27 OF A ONE CALL SYSTEM SHALL BE CHARGED A FEE FOR THE SERVICE
28 RECEIVED FROM A ONE CALL SYSTEM. SUCH FEE SHALL BE USED TO
29 OFFSET THE OPERATION COST LEVIED ON THE POLITICAL SUBDIVISION
30 AND MUNICIPAL AUTHORITY MEMBERS IN LIEU OF ADDITIONAL FEES
20050H2223B3323 - 59 -
1 CHARGED FOR LOCATIONS SPECIFICALLY RELATED TO THIS ACT.]
2 SECTION 10. SECTION 7.2 OF THE ACT, AMENDED NOVEMBER 30,
3 2004 (P.L.1567, NO.199), IS AMENDED TO READ:
4 SECTION 7.2. (A) ANY PERSON VIOLATING ANY OF THE PROVISIONS
5 OF THIS ACT, EXCEPT CLAUSES (1) AND (2) OF SECTION 2, COMMITS A
6 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
7 A FINE OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS
8 ($2,500) NOR MORE THAN [TWENTY-FIVE THOUSAND DOLLARS ($25,000)]
9 FIFTY THOUSAND DOLLARS ($50,000) OR UNDERGO IMPRISONMENT FOR NOT
10 MORE THAN NINETY DAYS, OR BOTH. THE ATTORNEY GENERAL OF THE
11 COMMONWEALTH OR ANY DISTRICT ATTORNEY MAY ENFORCE THE PROVISIONS
12 OF THIS ACT IN ANY COURT OF COMPETENT JURISDICTION. THE
13 DEPARTMENT, IN CONSULTATION WITH THE ATTORNEY GENERAL, MAY ALSO
14 ENFORCE THE PROVISIONS OF THIS ACT IN ANY COURT OF COMPETENT
15 JURISDICTION. A FACILITY OWNER MAY PETITION ANY COURT OF
16 COMPETENT JURISDICTION TO ENJOIN ANY EXCAVATION OR DEMOLITION
17 WORK CONDUCTED IN VIOLATION OF THIS ACT. LOCAL LAW ENFORCEMENT
18 OR EMERGENCY MANAGEMENT PERSONNEL MAY, IN THE INTEREST OF PUBLIC
19 SAFETY, ORDER EXCAVATORS ON A SITE TO STOP FURTHER EXCAVATION,
20 IF THE EXCAVATION IS BEING CONDUCTED IN VIOLATION OF THIS ACT.
21 (B) FINES LEVIED UNDER SUBSECTION (A) SHALL BE DETERMINED
22 ACCORDING TO THE FOLLOWING SCHEDULE:
23 (1) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE THAT DOES NOT
24 EXCEED THREE THOUSAND DOLLARS ($3,000), THE FINE SHALL NOT
25 EXCEED [THREE THOUSAND DOLLARS ($3,000)] FIVE THOUSAND DOLLARS
26 ($5,000).
27 (2) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE OF MORE THAN
28 THREE THOUSAND DOLLARS ($3,000), THE FINE SHALL NOT EXCEED [FIVE
29 THOUSAND DOLLARS ($5,000)] TEN THOUSAND DOLLARS ($10,000).
30 (3) FOR VIOLATIONS WHICH RESULT IN PERSONAL INJURY OR DEATH,
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1 THE FINE SHALL NOT EXCEED [TWENTY-FIVE THOUSAND DOLLARS
2 ($25,000)] FIFTY THOUSAND DOLLARS ($50,000).
3 (C) THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING
4 THE FINE TO BE ASSESSED:
5 (1) THE DEGREE OF THE PARTY'S COMPLIANCE WITH THE STATUTE
6 PRIOR TO DATE OF THE VIOLATION.
7 (2) THE AMOUNT OF PERSONAL AND PROPERTY DAMAGE CAUSED BY THE
8 PARTY'S NONCOMPLIANCE.
9 (3) THE DEGREE OF THREAT TO THE PUBLIC SAFETY AND
10 INCONVENIENCE CAUSED BY THE PARTY'S NONCOMPLIANCE.
11 (4) THE PARTY'S PLANS AND PROCEDURES TO INSURE FUTURE
12 COMPLIANCE WITH STATUTES AND REGULATIONS.
13 (C.1) IN ADDITION TO ANY OTHER SANCTIONS PROVIDED BY THIS
14 ACT, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ISSUE WARNINGS
15 AND ORDERS REQUIRING COMPLIANCE WITH THIS ACT AND MAY LEVY
16 ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THIS ACT. ANY
17 WARNING, ORDER OR PENALTY SHALL BE SERVED ON THE PERSON OR
18 ENTITY VIOLATING THE ACT AT THEIR LAST KNOWN ADDRESS. THE
19 DEPARTMENT SHALL CONSIDER THE FACTORS SET FORTH IN SUBSECTION
20 (C) IN DETERMINING THE ADMINISTRATIVE PENALTY TO BE ASSESSED.
21 ANY PARTY AGGRIEVED BY THE IMPOSITION OF AN ORDER OR
22 ADMINISTRATIVE PENALTY IMPOSED BY THE DEPARTMENT MAY APPEAL SUCH
23 ORDER OR PENALTY AS PROVIDED IN 2 PA.C.S. CH. 5 SUBCH. A
24 (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES)
25 AND CH. 7 SUBCH. A (RELATING TO REVIEW OF COMMONWEALTH AGENCY
26 ACTION).
27 (C.2) ADMINISTRATIVE PENALTIES IMPOSED BY THE DEPARTMENT
28 UNDER SUBSECTION (C.1) SHALL BE DETERMINED ACCORDING TO THE
29 FOLLOWING SCHEDULE:
30 (1) ANY PERSON OR ENTITY VIOLATING THE PROVISIONS OF CLAUSES
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1 (1) AND (2) OF SECTION 2 MAY BE SUBJECT TO AN ADMINISTRATIVE
2 PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) PER DAY. EACH
3 DAY OF NONCOMPLIANCE SHALL CONSTITUTE A SEPARATE VIOLATION.
4 (2) ANY PERSON OR ENTITY RECEIVING THREE OR MORE WARNINGS IN
5 A CALENDAR YEAR MAY BE SUBJECT TO AN ADMINISTRATIVE PENALTY NOT
6 TO EXCEED FIVE HUNDRED DOLLARS ($500).
7 (3) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE THAT DOES NOT
8 EXCEED TEN THOUSAND DOLLARS ($10,000), THE ADMINISTRATIVE
9 PENALTY MAY NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
10 (4) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE OF MORE THAN
11 TEN THOUSAND DOLLARS ($10,000), THE ADMINISTRATIVE PENALTY MAY
12 NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
13 (5) FOR VIOLATIONS THAT RESULT IN PERSONAL INJURY OR DEATH,
14 THE ADMINISTRATIVE PENALTY MAY NOT EXCEED TEN THOUSAND DOLLARS
15 ($10,000).
16 (D) ALL FINES AND PENALTIES RECOVERED UNDER THIS SECTION
17 SHALL BE PAYABLE TO THE ATTORNEY GENERAL, DISTRICT ATTORNEY OR
18 THE DEPARTMENT, WHICHEVER BROUGHT THE ACTION, AND COLLECTED IN
19 THE MANNER PROVIDED FOR BY LAW. [TO THE EXTENT THAT THE EXPENSES
20 INCURRED BY THE DEPARTMENT IN ENFORCING THIS ACT EXCEED THE
21 FINES COLLECTED BY THE DEPARTMENT UNDER THIS SECTION, THE
22 DEPARTMENT MAY ASSESS A CHARGE FOR THE REMAINING REASONABLE
23 EXPENSES FROM A ONE CALL SYSTEM PURSUANT TO A WRITTEN AGREEMENT
24 BETWEEN THE PARTIES.] ADMINISTRATIVE PENALTIES COLLECTED BY THE
25 DEPARTMENT MAY BE EXPENDED BY THE DEPARTMENT FOR COSTS RELATED
26 TO ITS ENFORCEMENT ACTIVITIES AND TO SPONSOR DAMAGE PREVENTION
27 ACTIVITIES OF THE ONE CALL SYSTEM.
28 (E) THE PROVISIONS OF THIS ACT SHALL NOT AFFECT ANY CIVIL
29 REMEDIES FOR PERSONAL INJURY OR PROPERTY DAMAGE, EXCEPT AS
30 OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS ACT.
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1 (F) THE SECRETARY OR HIS DESIGNEE SHALL HAVE THE AUTHORITY
2 TO ISSUE SUBPOENAS, UPON APPLICATION OF AN ATTORNEY RESPONSIBLE
3 FOR REPRESENTING THE COMMONWEALTH IN ACTIONS BEFORE THE
4 DEPARTMENT, FOR THE PURPOSE OF INVESTIGATING ALLEGED VIOLATIONS
5 OF THIS ACT. THE DEPARTMENT SHALL HAVE THE POWER TO SUBPOENA
6 WITNESSES AND COMPEL THE PRODUCTION OF BOOKS, RECORDS, PAPERS
7 AND DOCUMENTS AS IT DEEMS NECESSARY OR PERTINENT TO AN
8 INVESTIGATION OR HEARING.
9 SECTION 11. SECTION 7.6 OF THE ACT, ADDED DECEMBER 19, 1996
10 (P.L.1460, NO.187), IS AMENDED TO READ:
11 [SECTION 7.6. THIS ACT SHALL NOT APPLY TO ANY OF THE
12 FOLLOWING PIPELINE SYSTEMS AND FACILITIES:
13 (1) OIL AND GAS PRODUCTION OR GATHERING PIPELINE SYSTEMS
14 CONSTRUCTED WITH PIPE MEASURING LESS THAN THREE INCHES INSIDE
15 DIAMETER WHICH ARE DESIGNED TO COLLECT AND TRANSPORT CRUDE OIL
16 OR NATURAL GAS FROM THE WELLHEAD TO THE POINT OF CUSTODY
17 TRANSFER, PROVIDED SUCH SYSTEMS ARE PERMANENTLY MARKED OR STAKED
18 WHERE THEY CROSS PUBLIC HIGHWAY RIGHTS-OF-WAY OR THE BOUNDARY OF
19 PROPERTY WHICH IS OWNED IN FEE BY THE OWNER OF THE GATHERING
20 PIPELINE SYSTEM.
21 (2) ANY CONTINUOUS ONE-MILE LENGTH OF A CRUDE OIL OR NATURAL
22 GAS PRODUCTION OR GATHERING PIPELINE SYSTEM CONSTRUCTED WITH
23 PIPE MEASURING THREE INCHES INSIDE DIAMETER OR LARGER WHICH IS
24 DESIGNED PRINCIPALLY TO COLLECT AND TRANSPORT CRUDE OIL OR
25 NATURAL GAS FROM THE WELLHEAD TO THE POINT OF CUSTODY TRANSFER
26 WHERE NO MORE THAN FIFTY BUILDINGS INTENDED FOR PERMANENT
27 RESIDENTIAL OCCUPANCY ARE LOCATED WITHIN TWO HUNDRED TWENTY
28 YARDS ON EITHER SIDE OF THE CENTER LINE OF THE ONE-MILE LENGTH
29 OF PIPELINE.]
30 SECTION 12. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
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1 SECTION 7.7. THE ONE CALL SYSTEM SHALL HAVE THE AUTHORITY TO
2 DESIGN, ESTABLISH AND ADMINISTER A VOLUNTARY DISPUTE RESOLUTION
3 PROCESS WHICH MAY BE USED BY EXCAVATORS, FACILITY OWNERS,
4 DESIGNERS, PROJECT OWNERS AND OTHER INVOLVED PERSONS. THE
5 PROCESS SHALL PROVIDE FOR DISPUTE RESOLUTION PANELS SELECTED
6 FROM AMONG A LIST OF REPRESENTATIVES OF STAKEHOLDER GROUPS,
7 INCLUDING FACILITY OWNERS, EXCAVATORS, DESIGNERS AND REGULATORS.
8 THE PROCESS ESTABLISHED UNDER THIS SECTION MAY NOT BE USED TO
9 SETTLE OR RESOLVE ALLEGED VIOLATIONS OF THIS ACT NOR MAY INVOLVE
10 ANY ISSUES RELATED TO THE DEPARTMENT'S ENFORCEMENT ACTIVITIES.
11 SECTION 7.8. EXCEPT AS OTHERWISE PROVIDED FOR BY THIS ACT, A
12 PERSON SHALL USE THEIR BEST EFFORTS TO COMPLY WITH THE COMMON
13 GROUND ALLIANCE BEST PRACTICES.
14 SECTION 7.9. NO PERSON SHALL INTENTIONALLY REMOVE OR TAMPER
15 WITH A MARKING PROVIDED FOR UNDER THIS ACT.
16 SECTION 13. SECTION 7.7 OF THE ACT, ADDED DECEMBER 19, 1996
17 (P.L.1460, NO.187), IS AMENDED TO READ:
18 SECTION [7.7] 7.10. THIS ACT SHALL EXPIRE ON DECEMBER 31,
19 [2006] 2016.
20 SECTION 14. REPEALS ARE AS FOLLOWS:
21 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
22 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OF THE
23 TITLE OF THE ACT AND TO CAUSE CERTAIN LIQUEFIED PETROLEUM GAS
24 FACILITIES OR DISTRIBUTORS TO BE SUBJECT TO THIS ACT.
25 (2) THE PROVISIONS OF SECTION 19 OF THE ACT OF JUNE 19,
26 2002 (P.L.421, NO.61), KNOWN AS THE PROPANE AND LIQUEFIED
27 PETROLEUM GAS ACT, ARE REPEALED TO THE EXTENT THAT THEY
28 PROHIBIT CERTAIN LIQUEFIED PETROLEUM GAS FACILITIES OR
29 DISTRIBUTORS, OTHER THAN FACILITY OWNERS AS DEFINED IN
30 SECTION 1 OF THE ACT, FROM BEING SUBJECT TO THE ACT.
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1 SECTION 15. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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