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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1848, 1894
PRINTER'S NO. 2162
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1235
Session of
2015
INTRODUCED BY BAKER, TOMLINSON, BARTOLOTTA, GREENLEAF, SCAVELLO,
VANCE, RESCHENTHALER, RAFFERTY, VULAKOVICH AND BREWSTER,
MAY 25, 2016
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 18, 2016
AN ACT
Amending the act of December 10, 1974 (P.L.852, No.287),
entitled, as amended, "An act to protect the public health
and safety by preventing excavation or demolition work from
damaging underground lines used in providing electricity,
communication, gas, propane, oil delivery, oil product
delivery, sewage, water or other service; imposing duties
upon the providers of such service, recorders of deeds, and
persons and other entities preparing drawings or performing
excavation or demolition work; and prescribing penalties,"
further providing for definitions, for duties of facility
owners, for duties of the One Call System, for duties of
excavators, for duties of designers, for duties of project
owners and for penalties; providing for enforcement, for
underground utility line protection fund and for compliance;
and further providing for One Call System authority and for
expiration.
AMENDING THE ACT OF DECEMBER 10, 1974 (P.L.852, NO.287),
ENTITLED, AS AMENDED, "AN ACT TO PROTECT THE PUBLIC HEALTH
AND SAFETY BY PREVENTING EXCAVATION OR DEMOLITION WORK FROM
DAMAGING UNDERGROUND LINES USED IN PROVIDING ELECTRICITY,
COMMUNICATION, GAS, PROPANE, OIL DELIVERY, OIL PRODUCT
DELIVERY, SEWAGE, WATER OR OTHER SERVICE; IMPOSING DUTIES
UPON THE PROVIDERS OF SUCH SERVICE, RECORDERS OF DEEDS, AND
PERSONS AND OTHER ENTITIES PREPARING DRAWINGS OR PERFORMING
EXCAVATION OR DEMOLITION WORK; AND PRESCRIBING PENALTIES,"
FURTHER PROVIDING FOR EXPIRATION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The title and section 1 of the act of December
10, 1974 (P.L.852, No.287), referred to as the Underground
Utility Line Protection Law, amended November 29, 2006
(P.L.1593, No.181), are amended to read:
AN ACT
To protect the public health and safety by preventing
excavation or demolition work from damaging underground
lines used in providing electricity, communication, gas,
propane, oil delivery, oil product delivery, sewage,
water or other service; imposing duties upon the
providers of such service[, recorders of deeds,] and
persons and other entities preparing drawings or
performing excavation or demolition work; and prescribing
penalties.
Section 1. [As used in this act:] The following words and
phrases when used in this act shall have the meanings given to
them in this section unless the context clearly indicates
otherwise:
"Abandoned" means no longer in service and physically
disconnected from a line.
"Alleged violation" means an instance when a person by action
or inaction fails to fulfill the obligations of this act.
"Business day" means any day except a Saturday, Sunday or
legal holiday prescribed by statute. A business day begins at
12:00:00 a.m. and ends at 11:59:59 p.m.
["Cartway" means that portion of a street which is improved
by surfacing with permanent or semipermanent material and is
intended for vehicular traffic.]
"Chairman" means the Chairman of the Pennsylvania Public
Utility Commission.
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"Commission" means the Pennsylvania Public Utility
Commission.
"Committee" means the Damage Prevention Committee established
under section 7.8.
"Common Ground Alliance best practices" means the damage
prevention industry recommended standards issued by the Common
Ground Alliance, a not-for-profit corporation created pursuant
to the issuance of the United States Department of
Transportation's Common Ground Task Force report in 1999.
"Complex project" means an excavation that involves more work
than properly can be described in a single locate request or any
project designated as such by the excavator or facility owner as
a consequence of its complexity or its potential to cause
significant disruption to lines or facilities and the public,
including excavations that require scheduling locates over an
extended time frame.
"Consumer Price Index" means the index of consumer prices
developed and updated by the Bureau of Labor Statistics of the
United States Department of Labor.
["Continuing property records" means a record required
pursuant to 66 Pa.C.S. § 1702 (relating to continuing property
records).]
"Demolition work" means the partial or complete destruction
of a structure, by any means, served by or adjacent to a line or
lines.
["Department" means the Department of Labor and Industry of
the Commonwealth.]
"Designer" means any architect, engineer or other person who
or which prepares a drawing for a construction or other project
which requires excavation or demolition work as herein defined.
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"Emergency" means a sudden or unforeseen occurrence involving
a clear and immediate danger to life, property and the
environment, including, but not limited to, serious breaks or
defects in a facility owner's lines.
"Excavation work" means the use of powered equipment or
explosives in the movement of earth, rock or other material, and
includes, but is not limited to, anchoring, augering,
backfilling, blasting, boring, digging, ditching, drilling,
driving-in, grading, plowing-in, pulling-in, ripping, scraping,
trenching and tunneling[, but]. The term does not include soft
excavation technology such as vacuum, high pressure air or
water, tilling of soil for agricultural purposes to a depth of
less than eighteen inches[, the direct operations necessary or
incidental to the purposes of finding or extracting natural
resources, political subdivisions performing minor routine
maintenance up to a depth of less than eighteen inches measured
from the top of the edge of the cartway or the top of the outer
edge of an improved shoulder, in addition to the performance of
incidental de minimis excavation associated with the routine
maintenance and the removal of sediment buildup, within the
right-of-way of public roads or employes of the Department of
Transportation performing within the scope of their employment
work up to a depth of twenty-four inches beneath the existing
surface within the right-of-way of a State highway.], work
performed by persons whose activities must comply with the
requirements of and regulations promulgated under the act of May
31, 1945 (P.L.1198, No.418), known as the Surface Mining
Conservation and Reclamation Act, the act of April 27, 1966 (1st
Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence
and Land Conservation Act, or the act of September 24, 1968
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(P.L.1040, No.318), known as the Coal Refuse Disposal Control
Act, that relate to the protection of utility facilities or the
direct operations on a well pad following construction of the
well pad and that are necessary or operations incidental to the
extraction of oil or natural gas.
"Excavator" means any person who or which performs excavation
or demolition work for himself or for another person.
"Facility owner" means the public utility or agency,
political subdivision, municipality, authority, rural electric
cooperative or other person or entity who or which owns or
operates a line. [The term does not include the Department of
Transportation within a State highway right-of-way.] The term
does not include any of the following:
(1) A person serving the person's own property through the
person's own line, if the person does not provide service to any
other customer.
(2) A person using a line which the person does not own or
operate, if the use of the line does not serve more than a
single property.
"Final design" means the engineering and construction
drawings that are provided to a bidder or other person who is
asked to initiate construction on the bid date or the date the
project is set for construction in the absence of a bid.
"Fiscal year" means the fiscal year utilized by the
commission.
"Horizontal directional drilling" means the use of horizontal
boring devices that can be guided between a launch point and a
reception point beneath the earth's surface.
"Injury" means a bodily harm to a person, who as a result of
the bodily harm, immediately receives medical attention away
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from the scene of the incident.
"Lawful start date" means the sche duled start date as
provided under section 1.1.
"Line" or "facility" means an underground conductor or
underground pipe or structure used in providing electric or
communication service, or an underground pipe used in carrying,
gathering, transporting or providing natural or artificial gas,
petroleum, propane, oil or petroleum and production product,
sewage, water or other service to one or more transportation
carriers, consumers or customers of such service and the
appurtenances thereto, regardless of whether such line or
structure is located on land owned by a person or public agency
or whether it is located within an easement or right-of-way. The
term shall include unexposed storm drainage and traffic loops
that are not clearly visible. [The term shall not include crude
oil or natural gas production and gathering lines or facilities
unless the line or facility is a regulated onshore gathering
line as defined in regulations promulgated after January 1,
2006, by the United States Department of Transportation pursuant
to the Pipeline Safety Act of 1992 (Public Law 102-508, 49
U.S.C. § 60101 et seq.), if the regulated gathering line is
subject to the damage prevention program requirements of 49 CFR
§ 192.614.]
"Locate request" means a communication between an excavator
or designer and the One Call System in which a request for
locating facilities is processed. Locate requests submitted by
an excavator performing work within the right-of-way of any
State highway, either under contract to the Department of
Transportation or under authority of a permit issued by the
Department of Transportation, shall include the number of the
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Department of Transportation contract or permit.
["Minor routine maintenance" means shaping of or adding dust
palliative to unpaved roads, removal and application of patches
to the surface or base of flexible base, rigid base or rigid
surface roads by either manual or mechanized method to the
extent of the existing exposed base material, crack and joint
sealing, adding dust palliative to road shoulders, patching and
cutting of shoulders and shoulder bases by either manual or
mechanized methods to the extent of the existing exposed base,
and cleaning of inlets and drainage pipes and ditches.]
"One Call System" means the communication system established
within this Commonwealth to provide a single nationwide toll-
free telephone number or 811 number for excavators or designers
or any other person covered by this act to call facility owners
and notify them of their intent to perform excavation,
demolition or similar work as defined by this act. The One Call
System shall be incorporated and operated as a nonprofit
corporation pursuant to 15 Pa.C.S. Pt. II Subpt. C (relating to
nonprofit corporations).
"Operator" means any individual in physical control of
powered equipment or explosives when being used to perform
excavation or demolition work.
"Person" means an individual, partnership, corporation,
political subdivision, a municipal authority, the Commonwealth
and its agencies and instrumentalities, or any other entity.
"Powered equipment" means any equipment energized by an
engine or motor and used in excavation or demolition work.
["Preconstruction request" means a notification to facility
owners regarding a complex project.]
"Preconstruction meeting" means a scheduled event held by the
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excavator, designer, project owner and facility owner, or an
agent of the excavator, designer, project owner and facility
owner, prior to the commencement of excavation or demolition
work in a complex project.
"Project owner" means any person who or which engages an
excavator for construction or any other project which requires
excavation or demolition work.
["Secretary" means the Secretary of Labor and Industry of the
Commonwealth.
"Site" means the specific place denoted on the locate request
where excavation or demolition work is being or is planned to be
performed. A site should be denoted as a clearly defined,
bounded area, including relevant identifiable points of
reference such as the specific address with a specific
description as to the portion of the property, including
descriptions such as front, back, left side, right side and
direction such as N, S, E, W or variants. Where possible, the
points should also reference, without limitation, the size and
radius or circumference of the excavation, utility pad or
pedestal numbers, utility pole numbers, landmarks, including
trees, fountains, fences, railroads, highway and pipeline
markers, and latitude and longitude.]
"Report of alleged violation" means a recorded account of an
alleged violation.
"Subsurface utility engineering" or "SUE" means those
techniques set forth in the American Society of Civil Engineers
(ASCE) most recently published standard CI/ASCE 38-02, or its
successor document as determined by the One Call System.
"Tolerance zone" means the horizontal space within eighteen
inches of the outside wall or edge of a line or facility.
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"Traffic loop" means a device that detects metal objects such
as cars and bicycles based on the change in inductance that they
induce in the device.
"Well pad" means area, under the control of an oil or natural
gas company, occupied by equipment or facilities necessary or
required for the drilling, production or plugging of an oil or
natural gas well.
"Work site" means the specific place denoted on the locate
request where excavation or demolition work is being or is
planned to be performed. A work site should be denoted as a
clearly defined, bounded area, including relevant identifiable
points of reference such as the specific address with a specific
description as to the portion of the property, including
descriptions such as front, back, left side, right side and
direction such as N, S, E, W or variants. Where possible, the
points should also reference, without limitation, the size and
radius or circumference of the excavation, utility pad or
pedestal numbers, utility pole numbers, landmarks, including
trees, fountains, fences, railroads, highway and pipeline
markers, and latitude and longitude.
Section 1.1. The act is amended by adding a section to read:
Section 1.1. The lawful start date shall be three business
days through ten business days following notification to the One
Call System.
Section 2. Section 2 of the act, amended November 29, 2006
(P.L.1593, No.181) and October 9, 2008 (P.L.1507, No.121), is
amended to read:
Section 2. (a) It shall be the duty of each facility owner:
(1) To be a member of and give written notice to the One
Call System. Such notice shall be in a form acceptable to the
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One Call System and include:
(i) the legal name of the facility owner and their official
mailing address;
(ii) the names of the counties and municipalities, down to
and including wards in Philadelphia, Pittsburgh, Allentown and
Erie, in which its lines are located and other related
information as may be required by the One Call System regarding
the location of a member's facilities;
(iii) the facility owner's address (by street, number and
political subdivision)[,] and the telephone number and fax
number, if available, to which inquiries may be directed as to
the location of such lines;
(iv) the street identifications or like information within
each of the municipalities in which its lines are located. This
information shall be in a form acceptable to the One Call
System. Upon acceptance of the information from a facility
owner, the One Call System shall provide the facility owner with
notification within the boundaries described. All facility
owners shall agree to indemnify and hold harmless the One Call
System for any errors and omissions on the part of the facility
owner or the excavator or designer providing the information as
the agent of the facility owner; and
(v) any other information required by the One Call System.
(2) To provide the One Call System, within five business
days, with any revised information required under this section.
(4) Not more than ten business days after receipt of a
request from a designer who identifies the work site of
excavation or demolition work for which he is preparing a
drawing, to initially respond to his request for information as
to the position and type of the facility owner's lines at such
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work site based on the information currently in the facility
owner's possession or to mark the plans which have been provided
to it by the designer by field location or by another method
agreed to by the designer, excavator and facility owner, or
their agent. The facility owner shall so advise the person
making the request of the facility owner's status at the work
site through the One Call System.
(5) After receipt of a timely request from an excavator or
operator who identifies the work site of excavation or
demolition work he intends to perform and not later than the
business day prior to the [scheduled] lawful start date of
excavation:
(i) (A) To mark, stake, locate or otherwise provide the
position of the facility owner's underground lines at the work
site within eighteen inches horizontally from the outside wall
of such line in a manner so as to enable the excavator, where
appropriate, to employ prudent techniques, which may include
hand-dug test holes, to determine the precise position of the
underground facility owner's lines. This shall be done to the
extent such information is available in the facility owner's
records or by use of standard locating techniques other than
excavation. Standard locating techniques shall include, at the
utility owner's discretion, the option to choose available
technologies suitable to each type of line or facility being
located at the work site, topography or soil conditions or to
assist the facility owner in locating its lines or facilities,
based on accepted engineering and operational practices.
Facility owners shall make reasonable efforts during the
excavation phase to locate or notify excavators of the existence
and type of abandoned lines [that remain on the continuing
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property records of the facility owners].
(B) To maintain existing records of main lines abandoned on
or after the effective date of this clause and to mark, locate
or identify the main lines if possible, based upon the existing
records. The records shall include written or electronic
documents or drawings in the possession of the facility owner
that show the location of an existing line or facility.
(i.1) To[, where contained on its continuing property
records,] identify the location of an actually known facility's
point of connection to its facilities, where the point of
connection is not owned or operated by the facility owner. A
facility owner may identify the location of a known facility
connected to its facilities, but not owned or operated by the
facility owner, as a helpful guide to the excavator or owner.
The identification shall not be deemed to impose any liability
upon the facility owner for the accuracy of the other facility's
identification.
(ii) To[, at its option,] timely elect to excavate around
its facilities in fulfillment of this subparagraph, at its
option.
(iii.1) To propose mutually agreeable scheduling by which
the excavator, facility owner or designer may locate the
facilities.
(v) To respond to all notices through the One Call System,
provided the request is made in the time frame set forth under
this act. The response shall be made not later than the end of
the second business day following receipt of the notification by
the One Call System, excluding the business day upon which the
notification is received, or not later than the day prior to the
[scheduled] lawful start date of excavation if the excavator
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specifies a later date or, in the case of an emergency, to
respond through the One Call System as soon as practicable
following receipt of notification of the emergency by the One
Call System.
(v.1) To, if a facility owner failed to respond to an
original, proper, nonemergency locate request from the One Call
System or to a renotification under section 5(20), communicate
directly to the excavator within two hours after renotification
of the information about its facility location and, if necessary
and possible, go to the proposed work site to mark, stake or
locate its underground lines or to verify to the excavator that
the facility owner's underground lines are not within the area
of the proposed work site.
(vi) In marking the approximate position of underground
lines or facilities, [the facility owner shall] to follow the
Common Ground Alliance Best Practices for Temporary Marking set
forth in ANSI standard Z535.1. Should the Common Ground Alliance
Best Practices be amended, the amended guidelines shall be
applied and followed. If the Common Ground Alliance Best
Practices no longer publishes guidelines for temporary markings
or if the responsibility for publishing the guidelines is
transferred to or assumed by another entity, the facility owner
shall follow the guidelines approved by the One Call System's
board of directors.
(vii) To respond to emergency notifications as soon as
practicable following receipt of notification of such emergency.
The response by the facility owner shall be consistent with the
nature of the emergency information received by the facility
owner.
(viii) To participate in preconstruction meetings for a
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complex project or as described in [clause (3) of section 5]
section 5(3).
(ix) If notification is received pursuant to [clause (8) of
section 5] section 5(8), to give priority to responding to
notification as an emergency.
(9) If a facility owner fails to become a member of the One
Call System in violation of this act and a line or lines of such
nonmember facility owner are damaged by an excavator by reason
of the excavator's failure to notify the facility owner because
the facility owner was not a member of the One Call System
serving the location where the damage occurred, such facility
owner shall have no right of recovery from the excavator of any
costs associated with the damage to its lines. The right herein
granted shall not be in limitation of any other rights of the
excavator.
(10) [To submit an incident report to the department not
more than ten business days after receipt of notice that the
facility owner's lines have been damaged by excavation or
demolition activities that resulted in personal injury or in
property damage to parties other than the affected excavator or
facility owner. In addition, the incident report may likewise be
furnished to the Pennsylvania Public Utility Commission and the
Pennsylvania Emergency Management Agency pursuant to memoranda
of understanding negotiated between these agencies and the
department, which shall, at a minimum, provide for a common
reporting format for incident reports. The department shall
furnish to the One Call System, upon reasonable request,
statistical data pertaining to the number of incident reports
filed with the department and the type, number and results of
investigations for violations of this act.] To submit a report
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of alleged violation to the commission through the One Call
System not more than thirty business days after receipt of
notice that the facility owner's lines have been damaged by
excavation or demolition work or if the facility owner believes
a violation of this act has been committed in association with
excavation or demolition work. The report of alleged violation
shall be in a form and manner as required by the commission. No
report may be required where the cost to repair the damage to
the facility owner's lines is less than two thousand five
hundred dollars ($2,500), unless the same person damaged the
facility owner's lines two or more times within a six-month
period.
(11) To comply with all requests for information by the
[department] commission relating to the [department's]
commission's enforcement authority under this act within thirty
days of the receipt of the request.
(12) To participate in the One Call System's Member Mapping
Solutions as determined by the One Call System's board of
directors.
(b) The following provisions shall apply to a line or
facility installed prior to the effective date of this
subsection:
(1) The One Call System may require the mapping of the line
or facility only if the facility owner has existing maps of the
line or facility and the existing maps meet the requirements of
the One Call System's Member Mapping Solutions.
(2) The facility owner has the burden of proving the line or
facility was not subject to the requirements of this act at the
time the line or facility was installed.
Section 3. Sections 3, 3.1, 4, 5 and 6.1 of the act, amended
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or added November 29, 2006 (P.L.1593, No.181), are amended to
read:
Section 3. It shall be the duty of the One Call System [to
do the following]:
(1.1) To assign one or more serial numbers and the date that
the work site may legally be excavated and to log the entire
voice transaction on logging recorders in appropriate digital
form and maintain these logs for five years. All records shall
be indexed and available to the parties involved at a reasonable
cost and at reasonable times set by the One Call System.
(1.2) [Perform] To perform the obligations, as set forth
under this section, on behalf of the facility owner, excavator
or designer as established by the board of directors of the One
Call System.
(1.3) [Provide] To provide access to municipal lists
provided to the One Call System for those interested parties.
This list shall contain facility owners having lines in the
municipality, including wards as indicated in [subclause (ii) of
clause (1) of section 2] section 2( 1)(ii) , and to maintain, for
each municipality, a list containing the information as required
to be submitted by the facility owner. Such list shall be
updated as revised information is received from the facility
owner within five business days.
[(2) To make such lists under clause (1.3) available for
public inspection via the county recorder of deeds without
charge. A maximum copy fee of no more than twenty-five dollars
($25) may be charged per county list. Each facility owner change
shall be forwarded, at no charge, to the respective county
recorder of deeds for public access. The recorder of deeds shall
make such list available for public inspection based on the most
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current information provided to it by the One Call System.]
(3) [Not more than ten business days after the receipt of a
clear and specific request from the department, to provide
access to or photocopies of specific One Call System response
records, tickets or other like information relating to matters
under investigation by the department pursuant to its
enforcement authority under this act.] To, per memoranda of
understanding between the commission and the One Call System,
provide reports of alleged violations and other information,
such as photographs, photocopies and drawings, that are
submitted with the report of alleged violation. The One Call
System shall provide access to or photocopies of One Call System
response records, tickets or other similar information related
to matters covered by this act under investigation by the
commission, pursuant to its enforcement authority under this
act. The One Call System may provide reports of alleged
violations to the Pennsylvania Emergency Management Agency, per
memoranda of understanding.
(4) To determine the maximum geographic area that shall
constitute a valid single notification and to determine when
multiple notifications shall be required of any person,
including the method, the type and the number of notifications
in a complex project.
(5) If approved by the board of directors of the One Call
System, to offer a service for the application and obtaining of
State or municipal permits for excavation work. Issuance of the
required permits shall be the responsibility of the appropriate
State or municipal agency which has jurisdiction over the type
of excavation work being performed.
(6) Pursuant to policies adopted by the One Call System's
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board of directors, to provide a secure repository for and
access to subsurface utility engineering data received from
project owners to affected facility owner members.
(7) To inquire, when an excavator has notified the One Call
System of the existence of a release of natural gas or other
hazardous substance or of potential danger to life, health or
property, whether the excavator has notified the 911 system. If
the 911 system has not been notified, the One Call System shall
notify the excavator of the excavator's responsibility to notify
the 911 system and shall make a record of the conversation.
(8) To notify the facility owner as soon as possible that an
excavator has identified an unmarked or incorrectly marked
facility and of the facility owner's responsibilities under
section 2(5)(v.1).
Section 3.1. (a) The duties of the One Call System are
those duties as set forth in section 3. Duties assigned to other
parties in other sections of this act shall be the duties of
those parties and shall not be imputed to the One Call System,
including the duty to provide accurate information to the One
Call System concerning proposed excavation and the duty to
locate facilities at a work site.
(b) The One Call System shall not be liable for damages to
the person or the person's property arising out of its
nonnegligent actions in furtherance of the duties imposed under
this act and shall be liable only if the failure to comply was
the proximate cause of any damages claimed.
(c) (Reserved).
(d) The One Call System shall be governed by a board of
directors[,] to be chosen by the facility owners. No less than
twenty percent of the seats on the board shall be held by
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municipalities or municipal authorities. The board shall include
all of the following:
(1) The [Chairman of the Pennsylvania Public Utility
Commission] chairman or his designee.
(2) The Director of the Pennsylvania Emergency Management
Agency or his designee.
[(3) The Secretary of Labor and Industry or his designee.]
(4) The Secretary of Transportation or his designee.
(5) An excavator or excavation industry representative.
(6) A designer or designer industry representative.
(e) Operation costs for the One Call System shall be shared,
in an equitable manner for services received, by facility owner
members as determined by the One Call System's board of
directors. Political subdivisions with a population of less than
two thousand people or municipal authorities having an aggregate
population in the area served by the municipal authority of less
than five thousand people shall be exempt from the payment of
any service fee. The One Call System may be reimbursed for its
costs in providing this service from the contractor fees.
(f) All fees shall be set by the board of directors and
shall be based on the latest annual audited cost factors of the
One Call System. Fees shall be set and adjusted to a rate not
more than five percent above the audited cost factor plus the
current average published Consumer Price Index for Pennsylvania.
Costs of capital improvements may be added, if the improvement
receives a majority vote of the board of directors.
[(g) An excavator, designer or operator who proposes to
commence excavation or demolition work and requests information
of the One Call System shall be charged a fee for the service
received from the One Call System. The fee shall be used to
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offset the operation cost levied on the political subdivision
and municipal authority members in lieu of additional fees
charged for locations under this act.]
(f.1) An excavator, designer or operator who proposes to
commence excavation or demolition work and requests information
from the One Call System shall pay to the One Call System an
annual fee for the service provided by the One Call System under
section 3. The fee shall be set by the One Call System board of
directors and shall be used to offset a portion of the operation
costs of the One Call System and a portion of the operation
costs levied on the One Call System's political subdivision and
municipal authority members. Failure to pay the fee shall
constitute a violation of this act and shall subject the
excavator, designer or operator to the enforcement authority of
the commission for the nonpayment.
(h) Any request for information shall be reviewed and
provided as determined in accordance with the procedure
established by the One Call System's board of directors.
Section 4. It shall be the duty of each designer preparing a
drawing which requires excavation or demolition work within
[the] this Commonwealth:
(2) To request the line and facility information prescribed
by [section 2, clause (4)] section 2(4) from the One Call System
not less than ten nor more than ninety business days before
final design is to be completed. This clause is not intended to
prohibit designers from obtaining such information more than
ninety days before final design is to be completed; however,
they shall state in their requirements that such work is
preliminary.
(2.1) To forward a copy of the project plans to each
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facility owner who requests a copy. If a designer is unable to
provide a copy because of security of the project or proprietary
concerns regarding the design or the project, the designer shall
negotiate in a timely manner with the facility owner the means
of obtaining the necessary data.
(3) To show upon the drawing the position and type of each
facility owner's line, derived pursuant to the request made as
required by clause (2), and the name of the facility owner as
shown on the list referred to in section 3.
(4) To make a reasonable effort to prepare the construction
drawings to avoid damage to and minimize interference with a
facility owner's facilities in the construction area by
maintaining the clearance as provided for in the applicable
easement condition or an eighteen-inch clearance of the facility
owner's facilities if no easement restriction exists.
(5) A designer shall be deemed to have met the obligations
of clause (2) if he calls the One Call System and shows, as
proof, the serial number of one call notice on drawings. The
designer shall also show the toll-free number of the One Call
System on the drawing near his serial number.
(6) If, after receiving information from the facility
owners, the designer decides to change the work site of a
proposed excavation, the obligations imposed by this section
shall apply to the new work site.
(7) The designer who has complied with the terms of this act
and who was not otherwise negligent shall not be subject to
liability or incur any obligation to facility owners, operators,
owners or other persons who sustain injury to person or property
as a result of the excavation or demolition planning work of the
designer.
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(8) To submit a report of alleged violation to the
commission through the One Call System not more than thirty
business days from the time the designer becomes aware that a
violation of this act may have been committed in association
with excavation or demolition work. The report of alleged
violation shall be in a form and manner as required by the
commission.
(9) To request line and facility information required under
section 2(4) from the One Call System and to pay the applicable
fee for the request.
Section 5. It shall be the duty of each excavator who
intends to perform excavation or demolition work within this
Commonwealth:
(2.1) To request the location and type of facility owner
lines at each work site by notifying the facility owner through
the One Call System. Notification shall be not less than three
nor more than ten business days in advance of beginning
excavation or demolition work. No work shall begin earlier than
the [scheduled excavation date] lawful start date which shall be
on or after the third business day after notification. The
[scheduled excavation date] lawful start date shall exclude the
date upon which notification was received by the One Call System
and notification received on a Saturday, Sunday or holiday,
which shall be processed on the following business day. In the
case of a complex project, notification shall not be less than
ten business days in advance of the beginning of excavation or
demolition work.
(2.2) To provide the One Call System with [specific] exact
information to identify the work site so that facility owners
might provide indications of their lines. An excavator shall be
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deemed to have met the obligations of clause (2.1) if he calls
the One Call System, provides the work site and other required
information and receives a serial number.
(3) In a complex project or if an excavator intends to
perform work at multiple work sites or over a large area, [he
shall] to take reasonable steps to work with facility owners,
including scheduling and conducting a preconstruction meeting,
so that they may locate their facilities at a time reasonably in
advance of the actual start of excavation or demolition work for
each phase of the work. A preconstruction meeting may take place
at any time prior to the commencement of excavation or
demolition work, and the excavator, facility owners and
designer, or their agents, shall attend the meeting. Notice of
the meeting shall be given sufficiently in advance so as to
permit attendance, either in person or electronically, by the
excavator, facility owners and designer, or their agents, and
shall include information sufficient to identify the scope of
work. If the excavator does not believe that a preconstruction
meeting is necessary under the circumstances of this [paragraph]
clause it shall indicate such belief in its notice, but any
facility owner with facilities at the work site may request a
meeting with the excavator, and a meeting shall be held between
the facility owner and the excavator. After commencement of
excavation or demolition work, the excavator shall be
responsible for protecting and preserving the staking, marking
or other designation until no longer required for proper and
safe excavation or demolition work at or near the underground
facility[,] or by contacting the One Call System to request that
the facilities be marked again in the event that the previous
markings have been compromised or eliminated.
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(3.1) To comply with the requirements established by the One
Call System as determined by the board of directors regarding
the maximum area that a notification may cover.
(4) To exercise due care[;] and to take all reasonable steps
necessary to avoid injury to or otherwise interfere with all
lines where positions have been provided to the excavator by the
facility owners pursuant to [clause (5) of section 2] section
2(5). Within the tolerance zone the excavator shall employ
prudent techniques, which may include hand-dug test holes, to
ascertain the precise position of such facilities. If
insufficient information to safely excavate is available
pursuant to [clause (5) of section 2] section 2(5), the
excavator shall employ like prudent techniques which shall be
paid for by the project owner pursuant to clause (15) [of this
section].
(5) If the facility owner fails to respond to the
excavator's timely request as provided under [clause (5) of
section 2] section 2(5) or the facility owner notifies the
excavator that the line cannot be marked within the time frame
and a mutually agreeable date for marking cannot be arrived at,
the excavator may proceed with excavation as scheduled, but not
earlier than the lawful dig date, provided he exercises due care
in his endeavors, subject to the limitations contained in this
clause and clauses (2.1) through (4) and (20).
(6) To inform each operator employed by the excavator at the
work site of such work of the information obtained by the
excavator pursuant to clauses (2.1) through (5), and the
excavator and operator shall:
(i) Plan the excavation or demolition work to avoid damage
to or minimize interference with a facility owner's facilities
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in the construction area. Excavation or demolition work which
requires temporary or permanent interruption of a facility
owner's service shall be coordinated with the affected facility
owner in all cases.
(ii) After consulting with a facility owner, provide such
support and mechanical protection for known facility owner's
lines at the construction work site during the excavation or
demolition work, including during backfilling operations, as may
be reasonably necessary for the protection of such lines.
(7) To report immediately to the facility owner any break or
leak on its lines, or any dent, gouge, groove or other damage to
such lines or to their coating or cathodic protection, made or
discovered in the course of the excavation or demolition work.
The One Call System board of directors may adopt procedures to
permit reporting under this clause through the One Call System.
(8) To immediately notify 911 and the facility owner if the
damage results in the escape of any flammable, toxic or
corrosive gas or liquid which endangers life, health or
property. The excavator shall take reasonable measures, based on
its knowledge, training, resources, experience and understanding
of the situation, to protect themselves and those in immediate
danger, the general public, the property and the environment
until the facility owner or emergency responders have arrived
and completed their assessment and shall remain on the work site
to convey any pertinent information to responders that may help
them to safely mitigate the situation.
(9) The time requirements of clause (2.1) shall not apply to
a facility owner or excavator performing excavation or
demolition work in an emergency, as defined in section 1;
nonetheless, all facility owners shall be notified as soon as
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possible before, during or after excavation or demolition work,
depending upon the circumstances.
(11) [An excavator shall] To use the color white to mark a
proposed excavation work site when exact work site information
cannot be provided.
(11.1) To assist a facility owner in determining involvement
of a facility owner's lines by disclosing additional available
information requested by the facility owner, including
dimensions and the direction of proposed excavations.
(11.2) If using horizontal directional drilling (HDD), at a
minimum, to utilize the best practices published by the HDD
Consortium.
(12) The following standards shall be applied in determining
whether an excavator shall incur any obligation or be subject to
liability as a result of an excavator's demolition work or
excavation work damaging a facility owner's facilities:
(i) The excavator who has complied with the terms of this
act and who was not otherwise negligent shall not be subject to
liability or incur any obligation to facility owners, operators,
project owners or other persons who sustain injury to person or
property as a result of the excavator's excavation or demolition
work damaging a facility owner's lines.
(ii) Where an excavator has failed to comply with the terms
of this act or was otherwise negligent, and the facility owner
or designer has misidentified, mislocated or failed to identify
its facilities pursuant to this act, then in computing the
amount of reimbursement to which the facility owner is entitled,
the cost of repairing or replacing its facilities shall be
diminished in the same proportion that the facility owner's or
designer's misidentification, mislocation or failure to identify
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