1Amending the act of December 10, 1974 (P.L.852, No.287),
2entitled, as amended, "An act to protect the public health
3and safety by preventing excavation or demolition work from
4damaging underground lines used in providing electricity,
5communication, gas, propane, oil delivery, oil product
6delivery, sewage, water or other service; imposing duties
7upon the providers of such service, recorders of deeds, and
8persons and other entities preparing drawings or performing
9excavation or demolition work; and prescribing penalties,"
10further providing for definitions, for duties of facility
11owners, the One Call System, other parties, designers,
12excavators and project owners and for penalties; providing 
13for enforcement, compliance and penalties; and further 
14providing for expiration.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. Section 1 of the act of December 10, 1974
18(P.L.852, No.287), referred to as the Underground Utility Line
19Protection Law, amended November 29, 2006 (P.L.1593, No.181), is
20amended to read:

21Section 1. As used in this act:

22"Abandoned" means no longer in service and physically

1disconnected from a line.

2"Alleged violation" means an instance when a person by action
3or inaction fails to fulfill the obligations of this act.

4"Business day" means any day except a Saturday, Sunday or
5legal holiday prescribed by statute. A business day begins at
612:00:00 a.m. and ends at 11:59:59 p.m.

7["Cartway" means that portion of a street which is improved
8by surfacing with permanent or semipermanent material and is
9intended for vehicular traffic.]

10"Chairman" means the Chairman of the Pennsylvania Public
11Utility Commission.

12"Commission" means the Pennsylvania Public Utility
13Commission.

14"Committee" means the Damage Prevention Committee established
15under section 7.8(b).

16"Common Ground Alliance best practices" means the damage
17prevention industry recommended standards issued by the Common
18Ground Alliance, a not-for-profit corporation created pursuant
19to the issuance of the United States Department of
20Transportation's Common Ground Task Force report in 1999.

21"Complex project" means an excavation that involves more work
22than properly can be described in a single locate request or any
23project designated as such by the excavator or facility owner as
24a consequence of its complexity or its potential to cause
25significant disruption to lines or facilities and the public,
26including excavations that require scheduling locates over an
27extended time frame.

28"Consumer Price Index" means the index of consumer prices
29developed and updated by the Bureau of Labor Statistics of the
30United States Department of Labor.

1["Continuing property records" means a record required
2pursuant to 66 Pa.C.S. § 1702 (relating to continuing property
3records).]

<-4"Conventional oil and gas well" means a bore hole drilled for
5the purpose of producing oil or gas from a conventional
6formation. Irrespective of technology or design, the term
7includes any of the following:

8(1) A well drilled to produce oil.

9(2) A well drilled to produce natural gas from formations
10other than shale formations.

11(3) A well drilled to produce natural gas from shale
12formations located above the base of the Elk Group or its
13stratigraphic equivalent.

14(4) A well drilled to produce natural gas from shale
15formations located below the base of the Elk Group where natural
16gas can be produced at economic flow rates or in economic
17volumes without the use of vertical or nonvertical well bores
18stimulated by hydraulic fracture treatments or by using
19multilateral well bores or other techniques to expose more of
20the formation to the well bore.

21(5) Irrespective of formation, a well drilled for collateral
22purposes, such as monitoring, geologic logging, secondary and
23tertiary recovery or disposal injection.

24"Damage prevention investigator" means commission staff
25assigned to investigate a report of an alleged violation and
26prepare findings and recommendations for consideration by the
27committee.

28"Demolition work" means the partial or complete destruction
29of a structure, by any means, served by or adjacent to a line or
30lines.

1["Department" means the Department of Labor and Industry of
2the Commonwealth.]

3"Designer" means any architect, engineer or other person who
4or which prepares a drawing for a construction or other project
5which requires excavation or demolition work as herein defined.

6"Emergency" means a sudden or unforeseen occurrence involving
7a clear and immediate danger to life, property and the
8environment, including, but not limited to, serious breaks or
9defects in a facility owner's lines.

10"Excavation work" means the use of powered equipment or
11explosives in the movement of earth, rock or other material, and
12includes, but is not limited to, anchoring, augering,
13backfilling, blasting, boring, digging, ditching, drilling,
14driving-in, grading, plowing-in, pulling-in, ripping, scraping,
15trenching and tunneling, but does not include soft excavation
16technology such as vacuum, high pressure air or water, tilling
17of soil for agricultural purposes to a depth of less than
18eighteen inches[, the direct operations necessary or incidental
19to the purposes of finding or extracting natural resources,
20political subdivisions performing minor routine maintenance up
21to a depth of less than eighteen inches measured from the top of
22the edge of the cartway or the top of the outer edge of an
23improved shoulder, in addition to the performance of incidental
24de minimis excavation associated with the routine maintenance
25and the removal of sediment buildup, within the right-of-way of
26public roads or employes of the Department of Transportation
27performing within the scope of their employment work up to a
28depth of twenty-four inches beneath the existing surface within
29the right-of-way of a State highway]<-, work performed by persons 
30whose activities must comply with the requirements of and
 

1regulations promulgated under the act of May 31, 1945 (P.L.1198, 
2No.418), known as the Surface Mining Conservation and 
3Reclamation Act, the act of April 27, 1966 (1st Sp.Sess., 
4P.L.31, No.1), known as The Bituminous Mine Subsidence and Land 
5Conservation Act, or the act of September 24, 1968 (P.L.1040, 
6No.318), known as the Coal Refuse Disposal Control Act, which 
7relate to the protection of utility facilities, or the direct 
8operations on the well pad following construction of the well 
9pad, by or under the direction of the owner or operator of the 
10well pad, and that are necessary or operations incidental to the 
11extraction of oil or natural gas.

12"Excavator" means any person who or which performs excavation
13or demolition work for himself or for another person.

14"Facility owner" means the public utility or agency,
15political subdivision, municipality, authority, rural electric
16cooperative or other person or entity who or which owns or
17operates a line. [The term does not include the Department of
18Transportation within a State highway right-of-way.] The term
19does not include any of the following:

20(1) A person serving the person's own property through the
21person's own line, if the person does not provide service to any
22other customer.

23(2) A person using a line which the person does not own or
24operate, if the use of the line does not serve more than a
25single property.

26"Final design." means the engineering and construction
27drawings that are provided to a bidder or other person who is
28asked to initiate construction on the bid date or the date the
29project is set for construction in the absence of a bid.

30"Fiscal year" means the fiscal year utilized by the

1commission.

2"Fund" means the Underground Utility Line Protection Fund
3established under section 7.9(a).

4"Horizontal directional drilling." means the use of
5horizontal boring devices that can be guided between a launch
6point and a reception point beneath the earth's surface.

7"Injury" means a bodily harm to a person who, as a result of
8the bodily harm, immediately receives medical attention away
9from the scene of the incident.

10"Lawful start date" means the scheduled start date as 
11provided under section 1.1.

12"Line" or "facility" means an underground conductor or
13underground pipe or structure used in providing electric or
14communication service, or an underground pipe used in carrying,
15gathering, transporting or providing natural or artificial gas,
16petroleum, propane, oil or petroleum and production product,
17sewage, water or other service to one or more transportation
18carriers, consumers or customers of such service and the
19appurtenances thereto, regardless of whether such line or
20structure is located on land owned by a person or public agency
21or whether it is located within an easement or right-of-way. The
22term shall include unexposed storm drainage and traffic loops
23that are not clearly visible. <-[The term shall not include crude
24oil or natural gas production and gathering lines or facilities 
<-25associated with a conventional oil and gas well, unless the line
26or facility is a regulated onshore gathering line as defined in
27regulations promulgated after January 1, 2006, by the United
28States Department of Transportation pursuant to the Pipeline
29Safety Act of 1992 (Public Law 102-508, 49 U.S.C. § 60101 et
30seq.), if the regulated gathering line is subject to the damage

1prevention program requirements of 49 CFR § 192.614.<-]

2"Locate request" means a communication between an excavator
3or designer and the One Call System in which a request for
4locating facilities is processed. Locate requests submitted by
5an excavator performing work within the right-of-way of any
6State highway, either under contract to the Department of
7Transportation or under authority of a permit issued by the
8Department of Transportation, shall include the number of the
9Department of Transportation contract or permit.

10["Minor routine maintenance" means shaping of or adding dust
11palliative to unpaved roads, removal and application of patches
12to the surface or base of flexible base, rigid base or rigid
13surface roads by either manual or mechanized method to the
14extent of the existing exposed base material, crack and joint
15sealing, adding dust palliative to road shoulders, patching and
16cutting of shoulders and shoulder bases by either manual or
17mechanized methods to the extent of the existing exposed base,
18and cleaning of inlets and drainage pipes and ditches.]

19"One Call System" means the communication system established
20within this Commonwealth to provide a single nationwide toll-
21free telephone number or 811 number for excavators or designers
22or any other person covered by this act to call facility owners
23and notify them of their intent to perform excavation,
24demolition or similar work as defined by this act. The One Call
25System shall be incorporated and operated as a nonprofit
26corporation pursuant to 15 Pa.C.S. Pt. II Subpt. C (relating to
27nonprofit corporations).

28"Operator" means any individual in physical control of
29powered equipment or explosives when being used to perform
30excavation or demolition work.

1"Person" means an individual, partnership, corporation,
2political subdivision, a municipal authority, the Commonwealth
3and its agencies and instrumentalities, or any other entity.

4"Powered equipment" means any equipment energized by an
5engine or motor and used in excavation or demolition work.

6"Preconstruction meeting" means a scheduled event held by the
7excavator, designer, project owner and facility owner, or an
8agent of the excavator, designer, project owner and facility
9owner, prior to the commencement of excavation or demolition
10work in a complex project.

11["Preconstruction request" means a notification to facility
12owners regarding a complex project.]

13"Project owner" means any person who or which engages an
14excavator for construction or any other project which requires
15excavation or demolition work.

16"Report of alleged violation" means a recorded account of an
17alleged violation.

18["Secretary" means the Secretary of Labor and Industry of the
19Commonwealth.

20"Site" means the specific place denoted on the locate request
21where excavation or demolition work is being or is planned to be
22performed. A site should be denoted as a clearly defined,
23bounded area, including relevant identifiable points of
24reference such as the specific address with a specific
25description as to the portion of the property, including
26descriptions such as front, back, left side, right side and
27direction such as N, S, E, W or variants. Where possible, the
28points should also reference, without limitation, the size and
29radius or circumference of the excavation, utility pad or
30pedestal numbers, utility pole numbers, landmarks, including

1trees, fountains, fences, railroads, highway and pipeline
2markers, and latitude and longitude.]

3"Subsurface utility engineering" or "SUE" means those
4techniques set forth in the American Society of Civil Engineers
5(ASCE) most recently published standard CI/ASCE 38-02, or its
6successor document as determined by the One Call System.

7"Tolerance zone" means the horizontal space within eighteen
8inches of the outside wall or edge of a line or facility.

9"Traffic loop" means a device that detects metal objects such
10as cars and bicycles based on the change in inductance that they
11induce in the device.

12"Well pad" means area, under the control of an oil or natural
13gas company, occupied by equipment or facilities necessary or
14required for the drilling, production or plugging of an oil or
15natural gas well.

16"Work site" means the specific place denoted on the locate
17request where excavation or demolition work is being or is
18planned to be performed. A work site should be denoted as a
19clearly defined, bounded area, including relevant identifiable
20points of reference such as the specific address with a specific
21description as to the portion of the property, including
22descriptions such as front, back, left side, right side and
23direction such as N, S, E, W or variants. Where possible, the
24points should also reference, without limitation, the size and
25radius or circumference of the excavation, utility pad or
26pedestal numbers, utility pole numbers, landmarks, including
27trees, fountains, fences, railroads, highway and pipeline
28markers, and latitude and longitude.

29Section 1.1. The act is amended by adding a section to read:

30Section 1.1. The lawful start date shall be three business

1days through ten business days following notification to the One
2Call System.

3Section 2. Section 2 of the act, amended November 29, 2006
4(P.L.1593, No.181) and October 9, 2008 (P.L.1507, No.121), is
5amended to read:

6Section 2. It shall be the duty of each facility owner:

7(1) To be a member of and give written notice to the One
8Call System. Such notice shall be in a form acceptable to the
9One Call System and include:

10(i) the legal name of the facility owner and their official
11mailing address;

12(ii) the names of the counties and municipalities, down to
13and including wards in Philadelphia, Pittsburgh, Allentown and
14Erie, in which its lines are located and other related
15information as may be required by the One Call System regarding
16the location of a member's facilities;

17(iii) the facility owner's address (by street, number and
18political subdivision)[,] and the telephone number and fax
19number, if available, to which inquiries may be directed as to
20the location of such lines;

21(iv) the street identifications or like information within
22each of the municipalities in which its lines are located. This
23information shall be in a form acceptable to the One Call
24System. Upon acceptance of the information from a facility
25owner, the One Call System shall provide the facility owner with
26notification within the boundaries described. All facility
27owners shall agree to indemnify and hold harmless the One Call
28System for any errors and omissions on the part of the facility
29owner or the excavator or designer providing the information as
30the agent of the facility owner; and

1(v) any other information required by the One Call System.

2(2) To provide the One Call System, within five business
3days, with any revised information required under this section.

4(4) Not more than ten business days after receipt of a
5request from a designer who identifies the work site of
6excavation or demolition work for which he is preparing a
7drawing, to initially respond to his request for information as
8to the position and type of the facility owner's lines at such
9work site based on the information currently in the facility
10owner's possession or to mark the plans which have been provided
11to it by the designer by field location or by another method
12agreed to by the designer, excavator and facility owner, or
13their agent. The facility owner shall so advise the person
14making the request of the facility owner's status at the work
15site through the One Call System.

16(5) After receipt of a timely request from an excavator or
17operator who identifies the work site of excavation or
18demolition work he intends to perform and not later than the
19business day prior to the [scheduled] lawful start date of
20excavation:

21(i) (A) To mark, stake, locate or otherwise provide the
22position of the facility owner's underground lines at the work
23site within eighteen inches horizontally from the outside wall
24of such line in a manner so as to enable the excavator, where
25appropriate, to employ prudent techniques, which may include
26hand-dug test holes, to determine the precise position of the
27underground facility owner's lines. This shall be done to the
28extent such information is available in the facility owner's
29records or by use of standard locating techniques other than
30excavation. Standard locating techniques shall include, at the

1utility owner's discretion, the option to choose available
2technologies suitable to each type of line or facility being
3located at the work site, topography or soil conditions or to
4assist the facility owner in locating its lines or facilities,
5based on accepted engineering and operational practices.
6Facility owners shall make reasonable efforts during the
7excavation phase to locate or notify excavators of the existence
8and type of abandoned lines [that remain on the continuing
9property records of the facility owners].

10(B) To maintain existing records of main lines abandoned on
11or after the effective date of this clause and to mark, locate
12or identify the main lines if possible, based upon the existing
13records. The records shall include written or electronic
14documents or drawings in the possession of the facility owner
15that show the location of an existing line or facility.

16(i.1) To[, where contained on its continuing property
17records,] identify the location of an actually known facility's
18point of connection to its facilities, where the point of
19connection is not owned or operated by the facility owner. A
20facility owner may identify the location of a known facility
21connected to its facilities, but not owned or operated by the
22facility owner, as a helpful guide to the excavator or owner.
23The identification shall not be deemed to impose any liability
24upon the facility owner for the accuracy of the other facility's
25identification.

26(ii) To[, at its option,] timely elect to excavate around
27its facilities in fulfillment of this [subparagraph] subclause, 
28at its option.

29(iii.1) To propose mutually agreeable scheduling by which
30the excavator, facility owner or designer may locate the

1facilities.

2(v) To respond to all notices through the One Call System,
3provided the request is made in the time frame set forth under
4this act. The response shall be made not later than the end of
5the second business day following receipt of the notification by
6the One Call System, excluding the business day upon which the
7notification is received, or not later than the day prior to the
8[scheduled] lawful start date of excavation if the excavator
9specifies a later date or, in the case of an emergency, to
10respond through the One Call System as soon as practicable
11following receipt of notification of the emergency by the One
12Call System.

13(v.1) To, if a facility owner failed to respond to an
14original, proper, nonemergency locate request from the One Call
15System or to a renotification under section 5(20), communicate
16directly to the excavator within two hours after renotification
17of the information about its facility location and, if necessary
18and possible, go to the proposed work site to mark, stake or
19locate its underground lines or to verify to the excavator that
20the facility owner's underground lines are not within the area
21of the proposed work site.

22(vi) In marking the approximate position of underground
23lines or facilities, [the facility owner shall] to follow the
24Common Ground Alliance Best Practices for Temporary Marking set
25forth in ANSI standard Z535.1. Should the Common Ground Alliance
26Best Practices be amended, the amended guidelines shall be
27applied and followed. If the Common Ground Alliance Best
28Practices no longer publishes guidelines for temporary markings
29or if the responsibility for publishing the guidelines is
30transferred to or assumed by another entity, the facility owner

1shall follow the guidelines approved by the One Call System's
2board of directors.

3(vii) To respond to emergency notifications as soon as
4practicable following receipt of notification of such emergency.
5The response by the facility owner shall be consistent with the
6nature of the emergency information received by the facility
7owner.

8(viii) To participate in preconstruction meetings for a
9complex project or as described in [clause (3) of section 5] 
10section 5(3).

11(ix) If notification is received pursuant to [clause (8) of
12section 5] section 5(8), to give priority to responding to
13notification as an emergency.

14(9) If a facility owner fails to become a member of the One
15Call System in violation of this act and a line or lines of such
16nonmember facility owner are damaged by an excavator by reason
17of the excavator's failure to notify the facility owner because
18the facility owner was not a member of the One Call System
19serving the location where the damage occurred, such facility
20owner shall have no right of recovery from the excavator of any
21costs associated with the damage to its lines. The right herein
22granted shall not be in limitation of any other rights of the
23excavator.

24(10) [To submit an incident report to the department not
25more than ten business days after receipt of notice that the
26facility owner's lines have been damaged by excavation or
27demolition activities that resulted in personal injury or in
28property damage to parties other than the affected excavator or
29facility owner. In addition, the incident report may likewise be
30furnished to the Pennsylvania Public Utility Commission and the

1Pennsylvania Emergency Management Agency pursuant to memoranda
2of understanding negotiated between these agencies and the
3department, which shall, at a minimum, provide for a common
4reporting format for incident reports. The department shall
5furnish to the One Call System, upon reasonable request,
6statistical data pertaining to the number of incident reports
7filed with the department and the type, number and results of
8investigations for violations of this act.] To submit a report 
9of alleged violation to the commission through the One Call 
10System not more than thirty business days after receipt of 
11notice that the facility owner's lines have been damaged by 
12excavation or demolition work or if the facility owner believes 
13a violation of this act has been committed in association with 
14excavation or demolition work. The report of alleged violation 
15shall be in a form and manner as required by the commission. No 
16report may be required where the cost to repair the damage to 
17the facility owner's lines is less than two thousand five 
18hundred dollars ($2,500), unless the same person damaged the 
19facility owner's lines two or more times within a six-month 
20period.

21(11) To comply with all requests for information by the
22[department] commission relating to the [department's] 
23commission's enforcement authority under this act within thirty
24days of the receipt of the request.

25(12) To participate in the One Call System's Member Mapping
26Solutions, as determined by the One Call System's board of
27directors.

28Section 3. Sections 3, 3.1, 4, 5 and 6.1 of the act, amended
29or added November 29, 2006 (P.L.1593, No.181), are amended to
30read:

1Section 3. It shall be the duty of the One Call System [to
2do the following]:

3(1.1) To assign one or more serial numbers and the date that
4the work site may legally be excavated and to log the entire
5voice transaction on logging recorders in appropriate digital
6form and maintain these logs for five years. All records shall
7be indexed and available to the parties involved at a reasonable
8cost and at reasonable times set by the One Call System.

9(1.2) [Perform] To perform the obligations, as set forth
10under this section, on behalf of the facility owner, excavator
11or designer as established by the board of directors of the One
12Call System.

13(1.3) [Provide] To provide access to municipal lists
14provided to the One Call System for those interested parties.
15This list shall contain facility owners having lines in the
16municipality, including wards as indicated in [subclause (ii) of
17clause (1) of section 2] section 2(1)(ii), and to maintain, for
18each municipality, a list containing the information as required
19to be submitted by the facility owner. Such list shall be
20updated as revised information is received from the facility
21owner within five business days.

22[(2) To make such lists under clause (1.3) available for
23public inspection via the county recorder of deeds without
24charge. A maximum copy fee of no more than twenty-five dollars
25($25) may be charged per county list. Each facility owner change
26shall be forwarded, at no charge, to the respective county
27recorder of deeds for public access. The recorder of deeds shall
28make such list available for public inspection based on the most
29current information provided to it by the One Call System.]

30(3) [Not more than ten business days after the receipt of a

1clear and specific request from the department, to provide
2access to or photocopies of specific One Call System response
3records, tickets or other like information relating to matters
4under investigation by the department pursuant to its
5enforcement authority under this act.] To, per memoranda of 
6understanding between the commission and the One Call System, 
7provide reports of alleged violations and other information, 
8such as photographs, photocopies and drawings and other 
9supporting documentation, that are submitted with the report of 
10alleged violation. The One Call System shall provide access or 
11photocopies of specific One Call System response records, 
12tickets or other similar information related to matters covered 
13by this act under investigation by the commission, pursuant to 
14its enforcement authority under this act. The One Call System 
15may provide reports of alleged violations to the Pennsylvania 
16Emergency Management Agency, per memoranda of understanding.

17(4) To determine the maximum geographic area that shall
18constitute a valid single notification and to determine when
19multiple notifications shall be required of any person,
20including the method, the type and the number of notifications
21in a complex project.

22(5) If approved by the board of directors of the One Call
23System, to offer a service for the application and obtaining of
24State or municipal permits for excavation work. Issuance of the
25required permits shall be the responsibility of the appropriate
26State or municipal agency which has jurisdiction over the type
27of excavation work being performed.

28(6) Pursuant to policies adopted by the One Call System's
29board of directors, to provide a secure repository for and
30access to subsurface utility engineering data received from

1project owners to affected facility owner members.

2(7) To inquire, when an excavator has notified the One Call
3System of the existence of a release of natural gas or other
4hazardous substance or of potential danger to life, health or
5property, whether the excavator has notified the 911 system. If
6the 911 system has not been notified, the One Call System shall
7notify the excavator of the excavator's responsibility to notify
8the 911 system and shall make a record of the conversation.

9(8) To notify the facility owner as soon as possible that an
10excavator has identified an unmarked or incorrectly marked
11facility and of the facility owner's responsibilities under
12section 2(5)(v.1).

13Section 3.1. (a) The duties of the One Call System are
14those duties as set forth in section 3. Duties assigned to other
15parties in other sections of this act shall be the duties of
16those parties and shall not be imputed to the One Call System,
17including the duty to provide accurate information to the One
18Call System concerning proposed excavation and the duty to
19locate facilities at a work site.

20(b) The One Call System shall not be liable for damages to
21the person or the person's property arising out of its
22nonnegligent actions in furtherance of the duties imposed under
23this act and shall be liable only if the failure to comply was
24the proximate cause of any damages claimed.

25(c) (Reserved).

26(d) The One Call System shall be governed by a board of
27directors[,] to be chosen by the facility owners. No less than
28twenty percent of the seats on the board shall be held by
29municipalities or municipal authorities. The board shall include
30all of the following:

1(1) The [Chairman of the Pennsylvania Public Utility
2Commission] chairman or his designee.

3(2) The Director of the Pennsylvania Emergency Management
4Agency or his designee.

5[(3) The Secretary of Labor and Industry or his designee.]

6(4) The Secretary of Transportation or his designee.

7(5) An excavator or excavation industry representative.

8(6) A designer or designer industry representative.

9(e) Operation costs for the One Call System shall be shared,
10in an equitable manner for services received, by facility owner
11members as determined by the One Call System's board of
12directors. Political subdivisions with a population of less than
13two thousand people or municipal authorities having an aggregate
14population in the area served by the municipal authority of less
15than five thousand people shall be exempt from the payment of
16any service fee. The One Call System may be reimbursed for its
17costs in providing this service from the contractor fees.

18(f) All fees shall be set by the board of directors and
19shall be based on the latest annual audited cost factors of the
20One Call System. Fees shall be set and adjusted to a rate not
21more than five percent above the audited cost factor plus the
22current average published Consumer Price Index for Pennsylvania.
23Costs of capital improvements may be added, if the improvement
24receives a majority vote of the board of directors.

25(f.1) An excavator, designer or operator who proposes to 
26commence excavation or demolition work and requests information 
27from the One Call System shall pay to the One Call System an 
28annual fee for the service provided by the One Call System under 
29section 3. The fee shall be set by the One Call System board of 
30directors and shall be used to offset a portion of the costs of
 

1operations of the One Call System and a portion of the operation 
2costs levied on the One Call System's political subdivision and 
3municipal authority members. Failure to pay the fee shall 
4constitute a violation of this act and shall subject the 
5excavator, designer or operator to the enforcement authority of 
6the commission for the nonpayment.

7[(g) An excavator, designer or operator who proposes to
8commence excavation or demolition work and requests information
9of the One Call System shall be charged a fee for the service
10received from the One Call System. The fee shall be used to
11offset the operation cost levied on the political subdivision
12and municipal authority members in lieu of additional fees
13charged for locations under this act.]

14(h) Any request for information shall be reviewed and
15provided as determined in accordance with the procedure
16established by the One Call System's board of directors.

17Section 4. It shall be the duty of each designer preparing a
18drawing which requires excavation or demolition work within
19[the] this Commonwealth:

20(2) To request the line and facility information prescribed
21by [section 2, clause (4)] section 2(4) from the One Call System
22not less than ten nor more than ninety business days before
23final design is to be completed. This clause is not intended to
24prohibit designers from obtaining such information more than
25ninety days before final design is to be completed; however,
26they shall state in their requirements that such work is
27preliminary.

28(2.1) To forward a copy of the project plans to each
29facility owner who requests a copy. If a designer is unable to
30provide a copy because of security of the project or proprietary

1concerns regarding the design or the project, the designer shall
2negotiate in a timely manner with the facility owner the means
3of obtaining the necessary data.

4(3) To show upon the drawing the position and type of each
5facility owner's line, derived pursuant to the request made as
6required by clause (2), and the name of the facility owner as
7shown on the list referred to in section 3.

8(4) To make a reasonable effort to prepare the construction
9drawings to avoid damage to and minimize interference with a
10facility owner's facilities in the construction area by
11maintaining the clearance as provided for in the applicable
12easement condition or an eighteen-inch clearance of the facility
13owner's facilities if no easement restriction exists.

14(5) A designer shall be deemed to have met the obligations
15of clause (2) if he calls the One Call System and shows, as
16proof, the serial number of one call notice on drawings. The
17designer shall also show the toll-free number of the One Call
18System on the drawing near his serial number.

19(6) If, after receiving information from the facility
20owners, the designer decides to change the work site of a
21proposed excavation, the obligations imposed by this section
22shall apply to the new work site.

23(7) The designer who has complied with the terms of this act
24and who was not otherwise negligent shall not be subject to
25liability or incur any obligation to facility owners, operators,
26owners or other persons who sustain injury to person or property
27as a result of the excavation or demolition planning work of the
28designer.

29(8) To submit a report of alleged violation to the
30commission through the One Call System not more than thirty

1business days from the time the designer becomes aware that a
2violation of this act may have been committed in association
3with excavation or demolition work. The report of alleged
4violation shall be in a form and manner as required by the
5commission.

6(9) To request line and facility information required under
7section 2(4) from the One Call System and to pay the applicable
8fee for the request.

9Section 5. It shall be the duty of each excavator who
10intends to perform excavation or demolition work within this
11Commonwealth:

12(2.1) To request the location and type of facility owner
13lines at each work site by notifying the facility owner through
14the One Call System. Notification shall be not less than three
15nor more than ten business days in advance of beginning
16excavation or demolition work. No work shall begin earlier than
17the [scheduled excavation] lawful start date which shall be on
18or after the third business day after notification. The
19[scheduled excavation] lawful start date shall exclude the date
20upon which notification was received by the One Call System and
21notification received on a Saturday, Sunday or holiday, which
22shall be processed on the following business day. In the case of
23a complex project, notification shall not be less than ten
24business days in advance of the beginning of excavation or
25demolition work.

26(2.2) To provide the One Call System with [specific] exact
27information to identify the work site so that facility owners
28might provide indications of their lines. An excavator shall be
29deemed to have met the obligations of clause (2.1) if he calls
30the One Call System, provides the work site and other required

1information and receives a serial number.

2(3) In a complex project or if an excavator intends to
3perform work at multiple work sites or over a large area, [he
4shall] to take reasonable steps to work with facility owners,
5including scheduling and conducting a preconstruction meeting,
6so that they may locate their facilities at a time reasonably in
7advance of the actual start of excavation or demolition work for
8each phase of the work. A preconstruction meeting may take place
9at any time prior to the commencement of excavation or
10demolition work, and the excavator, facility owners and
11designer, or their agents, shall attend the meeting. Notice of
12the meeting shall be given sufficiently in advance so as to
13permit attendance, either in person or electronically, by the
14excavator, facility owners and designer, or their agents, and
15shall include information sufficient to identify the scope of
16work. If the excavator does not believe that a preconstruction
17meeting is necessary under the circumstances of this [paragraph] 
18clause it shall indicate such belief in its notice, but any
19facility owner with facilities at the work site may request a
20meeting with the excavator, and a meeting shall be held between
21the facility owner and the excavator. After commencement of
22excavation or demolition work, the excavator shall be
23responsible for protecting and preserving the staking, marking
24or other designation until no longer required for proper and
25safe excavation or demolition work at or near the underground
26facility[,] or by contacting the One Call System to request that
27the facilities be marked again in the event that the previous
28markings have been compromised or eliminated.

29(3.1) To comply with the requirements established by the One
30Call System as determined by the board of directors regarding

1the maximum area that a notification may cover.

2(4) To exercise due care[;] and to take all reasonable steps
3necessary to avoid injury to or otherwise interfere with all
4lines where positions have been provided to the excavator by the
5facility owners pursuant to [clause (5) of section 2] section 
62(5). Within the tolerance zone the excavator shall employ
7prudent techniques, which may include hand-dug test holes, to
8ascertain the precise position of such facilities. If
9insufficient information to safely excavate is available
10pursuant to [clause (5) of section 2] section 2(5), the
11excavator shall employ like prudent techniques which shall be
12paid for by the project owner pursuant to clause (15) [of this
13section].

14(5) If the facility owner fails to respond to the
15excavator's timely request as provided under [clause (5) of
16section 2] section 2(5) or the facility owner notifies the
17excavator that the line cannot be marked within the time frame
18and a mutually agreeable date for marking cannot be arrived at,
19the excavator may proceed with excavation as scheduled, but not
20earlier than the lawful dig date, provided he exercises due care
21in his endeavors, subject to the limitations contained in this
22clause and clauses (2.1) through (4) and (20).

23(6) To inform each operator employed by the excavator at the
24work site of such work of the information obtained by the
25excavator pursuant to clauses (2.1) through (5), and the
26excavator and operator shall:

27(i) Plan the excavation or demolition work to avoid damage
28to or minimize interference with a facility owner's facilities
29in the construction area. Excavation or demolition work which
30requires temporary or permanent interruption of a facility

1owner's service shall be coordinated with the affected facility
2owner in all cases.

3(ii) After consulting with a facility owner, provide such
4support and mechanical protection for known facility owner's
5lines at the construction work site during the excavation or
6demolition work, including during backfilling operations, as may
7be reasonably necessary for the protection of such lines.

8(7) To report immediately to the facility owner any break or
9leak on its lines, or any dent, gouge, groove or other damage to
10such lines or to their coating or cathodic protection, made or
11discovered in the course of the excavation or demolition work.
12The One Call System board of directors may adopt procedures to
13permit reporting under this clause through the One Call System.

14(8) To immediately notify 911 and the facility owner if the
15damage results in the escape of any flammable, toxic or
16corrosive gas or liquid which endangers life, health or
17property. The excavator shall take reasonable measures, based on
18its knowledge, training, resources, experience and understanding
19of the situation, to protect themselves and those in immediate
20danger, the general public, the property and the environment
21until the facility owner or emergency responders have arrived
22and completed their assessment and shall remain on the work site
23to convey any pertinent information to responders that may help
24them to safely mitigate the situation.

25(9) The time requirements of clause (2.1) shall not apply to
26a facility owner or excavator performing excavation or
27demolition work in an emergency, as defined in section 1;
28nonetheless, all facility owners shall be notified as soon as
29possible before, during or after excavation or demolition work,
30depending upon the circumstances.

1(11) [An excavator shall] To use the color white to mark a
2proposed excavation work site when exact work site information
3cannot be provided.

4(11.1) To assist a facility owner in determining involvement
5of a facility owner's lines by disclosing additional available
6information requested by the facility owner, including
7dimensions and the direction of proposed excavations.

8(11.2) If using horizontal directional drilling (HDD), at a
9minimum, to utilize the best practices published by the HDD
10Consortium.

11(12) The following standards shall be applied in determining
12whether an excavator shall incur any obligation or be subject to
13liability as a result of an excavator's demolition work or
14excavation work damaging a facility owner's facilities:

15(i) The excavator who has complied with the terms of this
16act and who was not otherwise negligent shall not be subject to
17liability or incur any obligation to facility owners, operators,
18project owners or other persons who sustain injury to person or
19property as a result of the excavator's excavation or demolition
20work damaging a facility owner's lines.

21(ii) Where an excavator has failed to comply with the terms
22of this act or was otherwise negligent, and the facility owner
23or designer has misidentified, mislocated or failed to identify
24its facilities pursuant to this act, then in computing the
25amount of reimbursement to which the facility owner is entitled,
26the cost of repairing or replacing its facilities shall be
27diminished in the same proportion that the facility owner's or
28designer's misidentification, mislocation or failure to identify
29the facilities contributed to the damage. Should the facility
30owner or designer not have misidentified, mislocated or failed

1to identify its facilities pursuant to this act, there shall be
2no diminution of the facility owner's right of recovery.

3(13) If, after receiving information from the One Call
4System or directly from a facility owner, the excavator decides
5to change the location, scope or duration of a proposed
6excavation, the obligations imposed by this section shall apply
7to the new location.

8(14) If an excavator removes its equipment and vacates a
9[worksite] work site for more than two business days, [he shall] 
10to renotify the One Call System unless other arrangements have
11been made directly with the facility owners involved in his
12[worksite] work site.

13(15) When the information required from the facility owner
14under [clause (5)(i) of section 2] section 2(5)(i) cannot be
15provided or, due to the nature of the information received from
16the facility owner, it is reasonably necessary for the excavator
17to ascertain the precise location of any line or abandoned or
18unclaimed lines by prudent techniques, which may include hand-
19dug test holes, vacuum excavation or other similar devices, the
20excavator shall promptly notify the project owner or the project
21owner's representative, either orally or in writing. If oral
22notification is given, the notice shall be reduced to writing
23within a reasonable time by the project owner or excavator.
24After giving such notice, the excavator shall be entitled to
25compensation from the project owner for this additional work as
26provided in the latest edition of the Pennsylvania Department of
27Transportation Form 408 specifications for extra work performed
28on a force account basis. The provisions of this subsection
29shall not be deemed to limit any other rights which the
30excavator has under its contract with the project owner or

1otherwise. Provisions in any contract, public or private, which
2attempt to limit the rights of excavators under this section
3shall not be valid for any reason, and any attempted waiver of
4this section shall be void and unenforceable as against public
5policy and any such attempted waiver shall be reported to the
6[department] commission.

7(16) [To submit an incident report to the department not
8more than ten business days after striking or otherwise damaging
9a facility owner's line during excavation or demolition
10activities that resulted in personal injury or property damage
11to parties other than the affected excavator or facility owner.
12In addition, the incident report may be furnished to the
13Pennsylvania Public Utility Commission and the Pennsylvania
14Emergency Management Agency pursuant to memoranda of
15understanding negotiated between these agencies and the
16department.] To submit a report of alleged violation to the 
17commission through the One Call System not more than thirty 
18business days after striking or damaging a facility owner's line 
19during excavation or demolition or if the excavator believes a 
20violation of this act has been committed in association with 
21excavation or demolition work. The report of alleged violation 
22shall be in a form and manner as required by the commission.

23(17) To comply with all requests for information by the
24[department] commission relating to the [department's] 
25commission's enforcement authority under this act within thirty
26days of the receipt of the request.

27(18) To, if it chooses to do so and if working for a
28facility owner, a municipality or a municipal authority,
29delegate the power to discharge the duties set forth in clauses
30(2.1) and (2.2) to its project owner, with the project owner's

1consent. If the power is delegated pursuant to this clause, both
2the excavator and the project owner shall be responsible for
3providing the required notices.

4(19) To ensure the accuracy of any information provided to
5the One Call System pursuant to this section.

6(20) To renotify the One Call System of an unmarked or
7incorrectly marked facility, if an original, proper,
8nonemergency locate request has been made to the One Call System
9and, upon initial arrival at the proposed work site, it is
10apparent to the excavator that there is an unmarked or
11incorrectly marked facility. An excavator may not begin
12excavating in the affected area of the work site until after
13receiving sufficient information from the facility owner to
14safely excavate. If the facility owner fails to provide
15sufficient information to the excavator within three hours after
16the excavator has notified the One Call System of the unmarked
17or incorrectly marked facility, the excavator may proceed with
18excavation subject to the limitations under clause (5).

19(21) To make a locate request to the One Call System prior
20to excavation or demolition work and to pay the applicable fee
21for the request.

22Section 6.1. It shall be the duty of each project owner who
23engages in excavation or demolition work to be done within this
24Commonwealth:

25(1) To utilize sufficient quality levels of subsurface
26utility engineering or other similar techniques whenever
27practicable to properly determine the existence and positions of
28underground facilities when designing known complex projects
29having an estimated cost of four hundred thousand dollars
30($400,000) or more.

1(2) To timely respond to notifications received from
2excavators pursuant to [clause (15) of section 5] section 5(15).

3(3) To not release to bid or construction any project until
4after final design is completed.

5(4) To participate in design and preconstruction meetings
6either directly or through a representative.

7(5) To furnish the pertinent data obtained through
8subsurface utility engineering to the One Call System in a
9mutually agreeable format.

10(6) For new construction and where practicable in the
11opinion of the project owner, to install color-coded permanent
12markers to indicate the type and location of all laterals
13installed by the project owner.

14(7) To submit a report of alleged violation to the
15commission through the One Call System not more than thirty
16business days after striking or damaging a facility owner's line
17during excavation or demolition work activities, after a project
18owner's contracted excavator strikes or damages a facility
19owner's line during excavation or demolition activities or if
20the project owner believes a violation of this act has been
21committed in association with excavation or demolition. The
22report of alleged violation shall be in a form and manner as
23required by the commission.

24Section 4. Section 7.2 of the act, amended November 29, 2006
25(P.L.1593, No.181), is repealed:

26[Section 7.2. (a) Any person violating any of the
27provisions of this act, except clauses (1) and (2) of section 2,
28commits a summary offense and shall, upon conviction, be
29sentenced to pay a fine of not less than two thousand five
30hundred dollars ($2,500) nor more than fifty thousand dollars

1($50,000) or undergo imprisonment for not more than ninety days,
2or both. The Attorney General of the Commonwealth or any
3district attorney may enforce the provisions of this act in any
4court of competent jurisdiction. The department, in consultation
5with the Attorney General, may also enforce the provisions of
6this act in any court of competent jurisdiction. A facility
7owner may petition any court of competent jurisdiction to enjoin
8any excavation or demolition work conducted in violation of this
9act. Local law enforcement or emergency management personnel
10may, in the interest of public safety, order excavators on a
11site to stop further excavation if the excavation is being
12conducted in violation of this act.

13(b) Fines levied under subsection (a) shall be determined
14according to the following schedule:

15(1) Where violations result in property damage that does not
16exceed three thousand dollars ($3,000), the fine shall not
17exceed five thousand dollars ($5,000).

18(2) Where violations result in property damage of more than
19three thousand dollars ($3,000), the fine shall not exceed ten
20thousand dollars ($10,000).

21(3) For violations which result in personal injury or death,
22the fine shall not exceed fifty thousand dollars ($50,000).

23(c) The following factors shall be considered in determining
24the fine to be assessed:

25(1) The degree of the party's compliance with the statute
26prior to date of the violation.

27(2) The amount of personal and property damage caused by the
28party's noncompliance.

29(3) The degree of threat to the public safety and
30inconvenience caused by the party's noncompliance.

1(4) The party's plans and procedures to insure future
2compliance with statutes and regulations.

3(c.1) In addition to any other sanctions provided by this
4act, the department shall have the authority to issue warnings
5and orders requiring compliance with this act and may levy
6administrative penalties for violations of this act. Any
7warning, order or penalty shall be served on the person or
8entity violating the act at their last known address. The
9department shall consider the factors set forth in subsection
10(c) in determining the administrative penalty to be assessed.
11Any party aggrieved by the imposition of an order or
12administrative penalty imposed by the department may appeal such
13order or penalty as provided in 2 Pa.C.S. Ch. 5 Subch. A
14(relating to practice and procedure of Commonwealth agencies)
15and Ch. 7 Subch. A (relating to review of Commonwealth agency
16action).

17(c.2) Administrative penalties imposed by the department
18under subsection (c.1) shall be determined according to the
19following schedule:

20(1) Any person or entity violating the provisions of clauses
21(1) and (2) of section 2 may be subject to an administrative
22penalty not to exceed five hundred dollars ($500) per day. Each
23day of noncompliance shall constitute a separate violation.

24(2) Any person or entity receiving three or more warnings in
25a calendar year may be subject to an administrative penalty not
26to exceed five hundred dollars ($500).

27(3) Where violations result in property damage that does not
28exceed ten thousand dollars ($10,000), the administrative
29penalty may not exceed one thousand dollars ($1,000).

30(4) Where violations result in property damage of more than

1ten thousand dollars ($10,000), the administrative penalty may
2not exceed five thousand dollars ($5,000).

3(5) For violations that result in personal injury or death,
4the administrative penalty may not exceed ten thousand dollars
5($10,000).

6(d) All fines and penalties recovered under this section
7shall be payable to the Attorney General, district attorney or
8the department, whichever brought the action, and collected in
9the manner provided for by law. Administrative penalties
10collected by the department may be expended by the department
11for costs related to its enforcement activities and to sponsor
12damage prevention activities of the One Call System.

13(e) The provisions of this act shall not affect any civil
14remedies for personal injury or property damage, except as
15otherwise specifically provided for in this act.

16(f) The secretary or his designee shall have the authority
17to issue subpoenas, upon application of an attorney responsible
18for representing the Commonwealth in actions before the
19department, for the purpose of investigating alleged violations
20of this act. The department shall have the power to subpoena
21witnesses and compel the production of books, records, papers
22and documents as it deems necessary or pertinent to an
23investigation or hearing.]

24Section 5. The act is amended by adding sections to read:

25Section 7.8. (a) (Reserved).

26(b) A Damage Prevention Committee shall be established as
27follows:

28(1) The commission shall establish a Damage Prevention
29Committee.

30(2)  The committee shall consist of the following members,

1appointed by the commission:

2(i)  The executive director of the commission, or his
3designee.

4(ii)  The president of the One Call System, or his designee
5from the One Call System professional staff.

6(iii) One representative from each of the following
7nonmunicipally owned or affiliated facility owner industries:
8electric, natural gas or petroleum pipelines, telephone, water
9or wastewater and cable television, nominated by facility owners
10or affiliated organizations.

11(iv)  Three representatives of excavators, nominated by 
12excavators or affiliated organizations.

13(v)  One representative of municipal governments, nominated 
14by municipal governments or affiliated organizations.

15(vi)  One representative of municipal authorities, nominated 
16by municipal authorities or affiliated organizations.

17(3)  A person appointed to the committee must have expertise 
18with the operation of this act.

19(4)  A nomination under clause (2)(iii), (iv), (v) and (vi) 
20must be forwarded to the secretary of the commission. The 
21executive director of the commission shall provide recommended 
22candidates to the commission for approval.

23(5)  Except for an unexpired term or for committee members 
24under clause (2)(i) and (ii), the following shall apply:

25(i)  An appointment to the committee shall begin January 1.

26(ii)  Except for initial terms under clause (6), a committee 
27member's term shall be for a term of three years.

28(6)  The initial terms of committee members shall be as 
29follows:

30(i)  Two representatives of facility owners shall serve three

1years, one representative shall serve two years and two
2representatives shall serve one year.

3(ii)  One representative of excavators shall serve three 
4years, one representative shall serve two years and one 
5representative shall serve one year.

6(iii)  The representative of municipal governments shall 
7serve two years.

8(iv)  The representative of municipal authorities shall serve 
9three years.

10(7)  The commission member shall serve as the chairperson of
11the committee and shall be a nonvoting member, except if the
12chairperson's vote is necessary to break a tie. The
13chairperson's attendance shall not be counted to establish a
14quorum.

15(8)  At least six members of the committee who are present
16shall constitute a quorum for the transaction of business. A
17simple majority vote of committee members present at a meeting
18shall be deemed to be the position of the committee.

19(c) The committee shall regularly meet to carry out the
20following purposes:

21(1) Review a report of an alleged violation of this act and
22damage prevention investigator findings and recommendations
23concerning a violation.

24(2) Issue a warning letter to a person, as deemed
25appropriate by the committee or as recommended by the damage
26prevention investigator.

27(3) Issue an informal determination that imposes an
28administrative penalty.

29(4) Require a person to attend a damage prevention 
30educational program.

1(5) Issue an informal determination that modifies or
2dismisses a recommendation of commission staff.

3(d)  The following shall apply to alleged violations:

4(1)  A person determined, in a report issued by a damage 
5prevention investigator, to have committed an alleged violation 
6shall do one of the following:

7(i) Provide a written acknowledgment of the findings and 
8administrative penalty contained in the report issued by a 
9damage prevention investigator to the committee.

10(ii) Appear before the committee to present its position.

11(2)  A person who is subject to an informal determination of 
12the committee may accept or reject the result. If an informal 
13determination is rejected, the matter shall be returned to the 
14damage prevention investigator for further action, if 
15appropriate, including referring the matter to commission 
16prosecutory staff for the purpose of issuing a formal complaint.

17(e)  Except for alleged violations involving injury or death,
  18the committee process provided for under subsection (c) may be 
19used in advance or instead of filing a formal complaint against 
20a person determined, in a report issued by a damage prevention 
21investigator, to have committed an alleged violation. An 
22informal determination of the committee shall be binding on the 
23commission unless a person rejects it.

24(f) The committee shall have the following additional 
25duties:

26(1) Upon the request of the commission, the committee shall
27hold a special meeting to advise the commission on a matter
28related to damage prevention of underground facilities and this
29act.

30(2) As soon as practical after establishment, the committee,

1with input from the One Call System, shall develop and implement
2bylaws. The bylaws shall:

3(i) establish a schedule for the frequency of regular 
4meetings;

5(ii) delineate the committee's practice and procedure
6concerning the performance of duties assigned under this act and
7commission orders and regulations; and

8(iii) be approved by the commission.

9(g) Except for willful misconduct, members of the committee
10shall be immune, individually and jointly, from civil liability
11for an act or omission done or made in performance of the
12members' duties while serving as members of the committee.

13(h) The commission shall have the following powers to carry
14out the purposes of this act:

15(1) To employ individuals.

16(2) To issue orders.

17(3) To promulgate regulations, if the commission promulgates
18regulations which limit reporting to a specific type of
19incident, including contact with a line, damage to a line or
20line coating, personal injury, third-party damage and failure to
21comply with this act, the commission may consider the resources
22available for enforcement and other factors.

23(4) For one year following the effective date of this
24section, to promulgate temporary regulations. Regulations under
25this clause shall:

26(i) Expire no later than two years following the effective
27date of this section.

28(ii) Be exempt from all of the following:

29(A) Sections 201, 202 and 203 of the act of July 31, 1968
30(P.L.769, No.240), referred to as the Commonwealth Documents

1Law.

2(B) The act of June 25, 1982 (P.L.633, No.181), known as the
3Regulatory Review Act.

4Section 7.9. (a) The Underground Utility Line Protection
5Fund is established as a revolving fund to be used by the
6commission for administering the enforcement of this act.

7(b) The fund shall be comprised of:

8(1) Administrative penalties collected by use of the
9committee process under subsection (c).

10(2) Funds received by the commission as a result of
11enforcing this act.

12(3) Federal or State grants received by the commission for
13the purpose of this act.

14(4) An annual assessment, if required under subclause (ii)
15(A), paid by the One Call System for each fiscal year as
16follows:

17(i) Beginning on the effective date of this section the 
18following shall apply to the initial fiscal year, or a portion 
19of the initial fiscal year:

20(A) An initial assessment of five hundred fifty thousand
21dollars ($550,000) shall be paid, which shall be prorated if the
22effective date of this section occurs after the first day of the
23initial fiscal year.

24(B) Within ten days after the effective date of this
25section, the commission shall, by registered or certified mail,
26give notice to the One Call System of the amount assessed under
27this subclause, which shall be paid by the One Call System
28within ten days of receipt of the notice.

29(ii) During each subsequent fiscal year:

30(A) The annual assessment shall be calculated by subtracting

1the amount of uncommitted money, as defined by generally
2accepted accounting principles, present at the conclusion of the
3prior fiscal year within the fund, from the current year's
4projected program costs for commission enforcement of this act.

5(B) The annual amount assessed to the One Call System may
6not exceed five hundred fifty thousand dollars ($550,000).

7(C) Within thirty days of the start of each fiscal year, the
8commission shall, by registered or certified mail, give notice
9to the One Call System of the amount assessed under this
10subclause. The One Call System shall pay:

11(I) Fifty percent of the assessment to the commission within
12thirty days of receipt of the notice.

13(II) The balance of the assessment within one hundred eighty
14days of receipt of the notice.

15(c) Except as provided under subsection (d), administrative
16penalties, grant money and assessments paid by the One Call
17System shall be deposited into the fund. Interest earned on the
18fund shall be credited to the fund. Any money remaining in the
19fund at the end of the fiscal year shall not lapse and shall
20remain in the fund.

21(d) Administrative penalties collected through the issuance
22of an adjudication by the commission under this act shall be
23deposited in the General Fund.

24(e) The following shall apply:

25(1) Except as provided under clause (2), program costs for
26commission enforcement of this act shall be a line item in the
27commission's proposed budget and shall be subject to the review
28and approval of the Governor and the General Assembly as
29described under 66 Pa.C.S. § 510(a) (relating to assessment for
30regulatory expenses upon public utilities).

1(2) Program costs for commission enforcement of this act may
2not be included within the amount assessed to public utilities
3under 66 Pa.C.S. § 510. Program costs for commission enforcement
4of this act shall be paid from the fund.

5Section 7.10. (a) The commission may issue a warning and
6order requiring compliance with this act and may levy an
7administrative penalty for a violation of this act. A warning,
8order or penalty shall be served on the person or entity
9violating this act at the person's last known address. A party
10aggrieved by the imposition of an order or administrative
11penalty imposed by the commission may appeal the order or
12penalty as provided under 2 Pa.C.S. Chs. 5 Subch. A (relating to
13practice and procedure of Commonwealth agencies) and 7 Subch. A
14(relating to judicial review of Commonwealth agency action).

15(b) The following shall apply:

16(1) A person or entity violating this act may be subject to:

17(i) an administrative penalty of not more than two thousand
18five hundred dollars ($2,500) per violation; or

19(ii) if the violation results in injury, death or property
20damage of twenty-five thousand dollars ($25,000) or more, an
21administrative penalty of not more than fifty thousand dollars
22($50,000).

23(2) The commission and committee shall consider the
24following factors in determining the administrative penalty to
25be assessed:

26(i) The history of the party's compliance with the act prior
27to the date of the violation.

28(ii) The amount of injury or property damage caused by the
29party's noncompliance.

30(iii) The degree of threat to the public safety and

1inconvenience caused by the party's noncompliance.

2(iv) The party's proposed modification to internal practices
3and procedures to insure future compliance with statutes and
4regulations.

5(v) The degree of the party's culpability.

6(vi) Other factors as may be appropriate considering the
7facts and circumstances of the incident.

8(c) An administrative penalty recovered under this section
9shall be payable to the commission and collected in the manner
10provided for by law.

11(d) This act shall not affect a civil remedy for personal
12injury or property damage, except as provided for under this
13act.

14(e) The commission may issue a subpoena, on application of
15an attorney responsible for representing the Commonwealth in
16actions before the commission, for the purpose of investigating
17an alleged violation of this act. The commission shall have the
18power to subpoena witnesses and compel the production of books,
19records, papers and documents.

20(f) Nothing under this act shall be construed or interpreted
21to do any of the following:

22(1) Affect the ability of a district attorney or the
23Attorney General to investigate or file a claim for the same
24conduct.

25(2) Deprive a governmental agency, including a law
26enforcement agency, the Auditor General and a district attorney,
27of any jurisdictional power or duty.

28(g) A facility owner may petition a court of competent
29jurisdiction to enjoin excavation or demolition work conducted
30in violation of this act. Local law enforcement or emergency

1management personnel may, in the interest of public safety,
2order an excavator on a work site to stop further excavation if
3the excavation is being conducted in violation of this act.

4Section 6. Sections 8 and 39 of the act, amended or added
5November 29, 2006 (P.L.1593, No.181), are amended to read:

6Section 8. The One Call System shall have the authority to 
7design, establish and administer a voluntary payment dispute 
8resolution process which may be used by excavators, facility 
9owners, designers, project owners and other involved persons. 
10The process shall provide for dispute resolution panels selected 
11from among a list of representatives of stakeholder groups, 
12including facility owners, excavators, designers and regulators. 
13The process established under this section may not be used to 
14settle or resolve alleged violations of this act nor may involve 
15any issues related to the [department's] commission's 
16enforcement activities.

17Section 39. This act shall expire on December 31, [2016] ​
182021.

19Section 7. This act shall take effect as follows:

20(1) The following provisions shall take effect
21immediately:

22(i) The addition of section 7.9 of the act.

23(ii) This section.

24(2) The remainder of this act shall take effect in 180
25days.