AN ACT

 

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"Damage prevention investigator" means commission staff
5assigned to investigate a report of an alleged violation and
6prepare findings and recommendations for consideration by the
7committee.

8"Demolition work" means the partial or complete destruction
9of a structure, by any means, served by or adjacent to a line or
10lines.

11["Department" means the Department of Labor and Industry of
12the Commonwealth.]

13"Designer" means any architect, engineer or other person who
14or which prepares a drawing for a construction or other project
15which requires excavation or demolition work as herein defined.

16"Emergency" means a sudden or unforeseen occurrence involving
17a clear and immediate danger to life, property and the
18environment, including, but not limited to, serious breaks or
19defects in a facility owner's lines.

20"Excavation work" means the use of powered equipment or
21explosives in the movement of earth, rock or other material, and
22includes, but is not limited to, anchoring, augering,
23backfilling, blasting, boring, digging, ditching, drilling,
24driving-in, grading, plowing-in, pulling-in, ripping, scraping,
25trenching and tunneling, but does not include soft excavation
26technology such as vacuum, high pressure air or water, tilling
27of soil for agricultural purposes to a depth of less than
28eighteen inches[, the direct operations necessary or incidental
29to the purposes of finding or extracting natural resources,
30political subdivisions performing minor routine maintenance up

1to a depth of less than eighteen inches measured from the top of
2the edge of the cartway or the top of the outer edge of an
3improved shoulder, in addition to the performance of incidental
4de minimis excavation associated with the routine maintenance
5and the removal of sediment buildup, within the right-of-way of
6public roads or employes of the Department of Transportation
7performing within the scope of their employment work up to a
8depth of twenty-four inches beneath the existing surface within
9the right-of-way of a State highway] or the direct operations on 
10the well pad following construction of the well pad, <-necessary 
11or incidental <-by or under the direction of the owner or operator 
12of the well pad, and that are necessary or operations incidental 
13to the extraction of oil or natural gas.

14"Excavator" means any person who or which performs excavation
15or demolition work for himself or for another person.

16"Facility owner" means the public utility or agency,
17political subdivision, municipality, authority, rural electric
18cooperative or other person or entity who or which owns or
19operates a line. [The term does not include the Department of
20Transportation within a State highway right-of-way.] The term
21does not include any of the following:

22(1) A person serving the person's own property through the
23person's own line, if the person does not provide service to any
24other customer.

25(2) A person using a line which the person does not own or
26operate, if the use of the line does not serve more than a
27single property.

28"Final design." means the engineering and construction
29drawings that are provided to a bidder or other person who is
30asked to initiate construction on the bid date or the date the

1project is set for construction in the absence of a bid.

2"Fiscal year" means the fiscal year utilized by the
3commission.

4"Fund" means the Underground Utility Line Protection Fund
5established under section 7.9(a).

6"Horizontal directional drilling." means the use of
7horizontal boring devices that can be guided between a launch
8point and a reception point beneath the earth's surface.

9"Injury" means a bodily harm to a person who, as a result of
10the bodily harm, immediately receives medical attention away
11from the scene of the incident.

12"Lawful start date" means the scheduled start date as 
13provided under section 1.1.

14"Line" or "facility" means an underground conductor or
15underground pipe or structure used in providing electric or
16communication service, or an underground pipe used in carrying,
17gathering, transporting or providing natural or artificial gas,
18petroleum, propane, oil or petroleum and production product,
19sewage, water or other service to one or more transportation
20carriers, consumers or customers of such service and the
21appurtenances thereto, regardless of whether such line or
22structure is located on land owned by a person or public agency
23or whether it is located within an easement or right-of-way. The
24term shall include unexposed storm drainage and traffic loops
25that are not clearly visible. [The term shall not include crude
26oil or natural gas production and gathering lines or facilities
27unless the line or facility is a regulated onshore gathering
28line as defined in regulations promulgated after January 1,
292006, by the United States Department of Transportation pursuant
30to the Pipeline Safety Act of 1992 (Public Law 102-508, 49
 

1U.S.C. § 60101 et seq.), if the regulated gathering line is
2subject to the damage prevention program requirements of 49 CFR
3§ 192.614.]

4"Locate request" means a communication between an excavator
5or designer and the One Call System in which a request for
6locating facilities is processed. Locate requests submitted by
7an excavator performing work within the right-of-way of any
8State highway, either under contract to the Department of
9Transportation or under authority of a permit issued by the
10Department of Transportation, shall include the number of the
11Department of Transportation contract or permit.

12["Minor routine maintenance" means shaping of or adding dust
13palliative to unpaved roads, removal and application of patches
14to the surface or base of flexible base, rigid base or rigid
15surface roads by either manual or mechanized method to the
16extent of the existing exposed base material, crack and joint
17sealing, adding dust palliative to road shoulders, patching and
18cutting of shoulders and shoulder bases by either manual or
19mechanized methods to the extent of the existing exposed base,
20and cleaning of inlets and drainage pipes and ditches.]

21"One Call System" means the communication system established
22within this Commonwealth to provide a single nationwide toll-
23free telephone number or 811 number for excavators or designers
24or any other person covered by this act to call facility owners
25and notify them of their intent to perform excavation,
26demolition or similar work as defined by this act. The One Call
27System shall be incorporated and operated as a nonprofit
28corporation pursuant to 15 Pa.C.S. Pt. II Subpt. C (relating to
29nonprofit corporations).

30"Operator" means any individual in physical control of

1powered equipment or explosives when being used to perform
2excavation or demolition work.

3"Person" means an individual, partnership, corporation,
4political subdivision, a municipal authority, the Commonwealth
5and its agencies and instrumentalities, or any other entity.

6"Powered equipment" means any equipment energized by an
7engine or motor and used in excavation or demolition work.

8"Preconstruction meeting" means a scheduled event held by the
9excavator, designer, project owner and facility owner, or an
10agent of the excavator, designer, project owner and facility
11owner, prior to the commencement of excavation or demolition
12work in a complex project.

13["Preconstruction request" means a notification to facility
14owners regarding a complex project.]

15"Project owner" means any person who or which engages an
16excavator for construction or any other project which requires
17excavation or demolition work.

18"Report of alleged violation" means a recorded account of an
19alleged violation.

20["Secretary" means the Secretary of Labor and Industry of the
21Commonwealth.

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

1radius or circumference of the excavation, utility pad or
2pedestal numbers, utility pole numbers, landmarks, including
3trees, fountains, fences, railroads, highway and pipeline
4markers, and latitude and longitude.]

5"Subsurface utility engineering" or "SUE" means those
6techniques set forth in the American Society of Civil Engineers
7(ASCE) most recently published standard CI/ASCE 38-02, or its
8successor document as determined by the One Call System.

9"Tolerance zone" means the horizontal space within eighteen
10inches of the outside wall or edge of a line or facility.

11"Traffic loop" means a device that detects metal objects such
12as cars and bicycles based on the change in inductance that they
13induce in the device.

14"Well <-site pad" means area, under the control of an oil or
15natural gas company, occupied by equipment or facilities
16necessary or required for the drilling, production or plugging
17of an oil or natural gas well.

18"Work site" means the specific place denoted on the locate
19request where excavation or demolition work is being or is
20planned to be performed. A work site should be denoted as a
21clearly defined, bounded area, including relevant identifiable
22points of reference such as the specific address with a specific
23description as to the portion of the property, including
24descriptions such as front, back, left side, right side and
25direction such as N, S, E, W or variants. Where possible, the
26points should also reference, without limitation, the size and
27radius or circumference of the excavation, utility pad or
28pedestal numbers, utility pole numbers, landmarks, including
29trees, fountains, fences, railroads, highway and pipeline
30markers, and latitude and longitude.

1Section 1.1. The act is amended by adding a section to read:

2Section 1.1. The lawful start date shall be three business
3days through ten business days following notification to the One
4Call System.

5Section 2. Section 2 of the act, amended November 29, 2006
6(P.L.1593, No.181) and October 9, 2008 (P.L.1507, No.121), is
7amended to read:

8Section 2. It shall be the duty of each facility owner:

9(1) To be a member of and give written notice to the One
10Call System. Such notice shall be in a form acceptable to the
11One Call System and include:

12(i) the legal name of the facility owner and their official
13mailing address;

14(ii) the names of the counties and municipalities, down to
15and including wards in Philadelphia, Pittsburgh, Allentown and
16Erie, in which its lines are located and other related
17information as may be required by the One Call System regarding
18the location of a member's facilities;

19(iii) the facility owner's address (by street, number and
20political subdivision)[,] and the telephone number and fax
21number, if available, to which inquiries may be directed as to
22the location of such lines;

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

1owner or the excavator or designer providing the information as
2the agent of the facility owner; and

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

4(2) To provide the One Call System, within five business
5days, with any revised information required under this section.

6(4) Not more than ten business days after receipt of a
7request from a designer who identifies the work site of
8excavation or demolition work for which he is preparing a
9drawing, to initially respond to his request for information as
10to the position and type of the facility owner's lines at such
11work site based on the information currently in the facility
12owner's possession or to mark the plans which have been provided
13to it by the designer by field location or by another method
14agreed to by the designer, excavator and facility owner, or
15their agent. The facility owner shall so advise the person
16making the request of the facility owner's status at the work
17site through the One Call System.

18(5) After receipt of a timely request from an excavator or
19operator who identifies the work site of excavation or
20demolition work he intends to perform and not later than the
21business day prior to the [scheduled] lawful start date of
22excavation:

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

1records or by use of standard locating techniques other than
2excavation. Standard locating techniques shall include, at the
3utility owner's discretion, the option to choose available
4technologies suitable to each type of line or facility being
5located at the work site, topography or soil conditions or to
6assist the facility owner in locating its lines or facilities,
7based on accepted engineering and operational practices.
8Facility owners shall make reasonable efforts during the
9excavation phase to locate or notify excavators of the existence
10and type of abandoned lines [that remain on the continuing
11property records of the facility owners].

12(B) To maintain existing records of main lines abandoned on
13or after the effective date of this clause and to mark, locate
14or identify the main lines if possible, based upon the existing
15records. The records shall include written or electronic
16documents or drawings in the possession of the facility owner
17that show the location of an existing line or facility.

18(i.1) To[, where contained on its continuing property
19records,] identify the location of an actually known facility's
20point of connection to its facilities, where the point of
21connection is not owned or operated by the facility owner. A
22facility owner may identify the location of a known facility
23connected to its facilities, but not owned or operated by the
24facility owner, as a helpful guide to the excavator or owner.
25The identification shall not be deemed to impose any liability
26upon the facility owner for the accuracy of the other facility's
27identification.

28(ii) To[, at its option,] timely elect to excavate around
29its facilities in fulfillment of this [subparagraph] subclause<-, 
30at its option.

1(iii.1) To propose mutually agreeable scheduling by which
2the excavator, facility owner or designer may locate the
3facilities.

4(v) To respond to all notices through the One Call System,
5provided the request is made in the time frame set forth under
6this act. The response shall be made not later than the end of
7the second business day following receipt of the notification by
8the One Call System, excluding the business day upon which the
9notification is received, or not later than the day prior to the
10[scheduled] lawful start date of excavation if the excavator
11specifies a later date or, in the case of an emergency, to
12respond through the One Call System as soon as practicable
13following receipt of notification of the emergency by the One
14Call System.

15(v.1) To, if a facility owner failed to respond to an
16original, proper, nonemergency locate request from the One Call
17System or to a renotification under section 5(20), communicate
18directly to the excavator within two hours after renotification
19of the information about its facility location and, if necessary
20and possible, go to the proposed work site to mark, stake or
21locate its underground lines or to verify to the excavator that
22the facility owner's underground lines are not within the area
23of the proposed work site.

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

1or if the responsibility for publishing the guidelines is
2transferred to or assumed by another entity, the facility owner
3shall follow the guidelines approved by the One Call System's
4board of directors.

5(vii) To respond to emergency notifications as soon as
6practicable following receipt of notification of such emergency.
7The response by the facility owner shall be consistent with the
8nature of the emergency information received by the facility
9owner.

10(viii) To participate in preconstruction meetings for a
11complex project or as described in [clause (3) of section 5] 
12section 5(3).

13(ix) If notification is received pursuant to [clause (8) of
14section 5] section 5(8), to give priority to responding to
15notification as an emergency.

16(9) If a facility owner fails to become a member of the One
17Call System in violation of this act and a line or lines of such
18nonmember facility owner are damaged by an excavator by reason
19of the excavator's failure to notify the facility owner because
20the facility owner was not a member of the One Call System
21serving the location where the damage occurred, such facility
22owner shall have no right of recovery from the excavator of any
23costs associated with the damage to its lines. The right herein
24granted shall not be in limitation of any other rights of the
25excavator.

26(10) [To submit an incident report to the department not
27more than ten business days after receipt of notice that the
28facility owner's lines have been damaged by excavation or
29demolition activities that resulted in personal injury or in
30property damage to parties other than the affected excavator or

1facility owner. In addition, the incident report may likewise be
2furnished to the Pennsylvania Public Utility Commission and the
3Pennsylvania Emergency Management Agency pursuant to memoranda
4of understanding negotiated between these agencies and the
5department, which shall, at a minimum, provide for a common
6reporting format for incident reports. The department shall
7furnish to the One Call System, upon reasonable request,
8statistical data pertaining to the number of incident reports
9filed with the department and the type, number and results of
10investigations for violations of this act.] To submit a report 
11of alleged violation to the commission through the One Call 
12System not more than <-ten thirty business days after receipt of 
13notice that the facility owner's lines have been damaged by 
14excavation or demolition work or if the facility owner believes 
15a violation of this act has been committed in association with 
16excavation or demolition work. The report of alleged violation 
17shall be in a form and manner as required by the commission. <-No 
18report may be required where the cost to repair the damage to 
19the facility owner's lines is less than two thousand five 
20hundred dollars ($2,500), unless the same person damaged the 
21facility owner's lines two or more times within a six-month 
22period.

23(11) 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(12) To participate in the One Call System's Member Mapping
28Solutions, as determined by the One Call System's board of
29directors.

30Section 3. Sections 3, 3.1, 4, 5 and 6.1 of the act, amended

1or added November 29, 2006 (P.L.1593, No.181), are amended to
2read:

3Section 3. It shall be the duty of the One Call System [to
4do the following]:

5(1.1) To assign one or more serial numbers and the date that
6the work site may legally be excavated and to log the entire
7voice transaction on logging recorders in appropriate digital
8form and maintain these logs for five years. All records shall
9be indexed and available to the parties involved at a reasonable
10cost and at reasonable times set by the One Call System.

11(1.2) [Perform] To perform the obligations, as set forth
12under this section, on behalf of the facility owner, excavator
13or designer as established by the board of directors of the One
14Call System.

15(1.3) [Provide] To provide access to municipal lists
16provided to the One Call System for those interested parties.
17This list shall contain facility owners having lines in the
18municipality, including wards as indicated in [subclause (ii) of
19clause (1) of section 2] section 2(1)(ii), and to maintain, for
20each municipality, a list containing the information as required
21to be submitted by the facility owner. Such list shall be
22updated as revised information is received from the facility
23owner within five business days.

24[(2) To make such lists under clause (1.3) available for
25public inspection via the county recorder of deeds without
26charge. A maximum copy fee of no more than twenty-five dollars
27($25) may be charged per county list. Each facility owner change
28shall be forwarded, at no charge, to the respective county
29recorder of deeds for public access. The recorder of deeds shall
30make such list available for public inspection based on the most

1current information provided to it by the One Call System.]

2(3) [Not more than ten business days after the receipt of a
3clear and specific request from the department, to provide
4access to or photocopies of specific One Call System response
5records, tickets or other like information relating to matters
6under investigation by the department pursuant to its
7enforcement authority under this act.] To, per memoranda of 
8understanding between the commission and the One Call System, 
9provide reports of alleged violations and other information, 
10such as photographs, photocopies and drawings and other 
11supporting documentation, that are submitted with the report of 
12alleged violation. The One Call System shall provide access or 
13photocopies of specific One Call System response records, 
14tickets or other similar information related to matters covered 
15by this act under investigation by the commission, pursuant to 
16its enforcement authority under this act. The One Call System 
17may provide reports of alleged violations to the Pennsylvania 
18Emergency Management Agency, per memoranda of understanding.

19(4) To determine the maximum geographic area that shall
20constitute a valid single notification and to determine when
21multiple notifications shall be required of any person,
22including the method, the type and the number of notifications
23in a complex project.

24(5) If approved by the board of directors of the One Call
25System, to offer a service for the application and obtaining of
26State or municipal permits for excavation work. Issuance of the
27required permits shall be the responsibility of the appropriate
28State or municipal agency which has jurisdiction over the type
29of excavation work being performed.

30(6) Pursuant to policies adopted by the One Call System's

1board of directors, to provide a secure repository for and
2access to subsurface utility engineering data received from
3project owners to affected facility owner members.

4(7) To inquire, when an excavator has notified the One Call
5System of the existence of a release of natural gas or other
6hazardous substance or of potential danger to life, health or
7property, whether the excavator has notified the 911 system. If
8the 911 system has not been notified, the One Call System shall
9notify the excavator of the excavator's responsibility to notify
10the 911 system and shall make a record of the conversation.

11(8) To notify the facility owner as soon as possible that an
12excavator has identified an unmarked or incorrectly marked
13facility and of the facility owner's responsibilities under
14section 2(5)(v.1).

15Section 3.1. (a) The duties of the One Call System are
16those duties as set forth in section 3. Duties assigned to other
17parties in other sections of this act shall be the duties of
18those parties and shall not be imputed to the One Call System,
19including the duty to provide accurate information to the One
20Call System concerning proposed excavation and the duty to
21locate facilities at a work site.

22(b) The One Call System shall not be liable for damages to
23the person or the person's property arising out of its
24nonnegligent actions in furtherance of the duties imposed under
25this act and shall be liable only if the failure to comply was
26the proximate cause of any damages claimed.

27(c) (Reserved).

28(d) The One Call System shall be governed by a board of
29directors[,] to be chosen by the facility owners. No less than
30twenty percent of the seats on the board shall be held by

1municipalities or municipal authorities. The board shall include
2all of the following:

3(1) The [Chairman of the Pennsylvania Public Utility
4Commission] chairman or his designee.

5(2) The Director of the Pennsylvania Emergency Management
6Agency or his designee.

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

8(4) The Secretary of Transportation or his designee.

9(5) An excavator or excavation industry representative.

10(6) A designer or designer industry representative.

11(e) Operation costs for the One Call System shall be shared,
12in an equitable manner for services received, by facility owner
13members as determined by the One Call System's board of
14directors. Political subdivisions with a population of less than
15two thousand people or municipal authorities having an aggregate
16population in the area served by the municipal authority of less
17than five thousand people shall be exempt from the payment of
18any service fee. The One Call System may be reimbursed for its
19costs in providing this service from the contractor fees.

20(f) All fees shall be set by the board of directors and
21shall be based on the latest annual audited cost factors of the
22One Call System. Fees shall be set and adjusted to a rate not
23more than five percent above the audited cost factor plus the
24current average published Consumer Price Index for Pennsylvania.
25Costs of capital improvements may be added, if the improvement
26receives a majority vote of the board of directors.

27(f.1) An excavator, designer or operator who proposes to 
28commence excavation or demolition work and requests information 
29from the One Call System shall pay to the One Call System an 
30annual fee for the service provided by the One Call System under
 

1section 3. The fee shall be set by the One Call System board of 
2directors and shall be used to offset a portion of the costs of 
3operations of the One Call System and a portion of the operation 
4costs levied on the One Call System's political subdivision and 
5municipal authority members. Failure to pay the fee shall 
6constitute a violation of this act and shall subject the 
7excavator, designer or operator to the enforcement authority of 
8the commission for the nonpayment.

9[(g) An excavator, designer or operator who proposes to
10commence excavation or demolition work and requests information
11of the One Call System shall be charged a fee for the service
12received from the One Call System. The fee shall be used to
13offset the operation cost levied on the political subdivision
14and municipal authority members in lieu of additional fees
15charged for locations under this act.]

16(h) Any request for information shall be reviewed and
17provided as determined in accordance with the procedure
18established by the One Call System's board of directors.

19Section 4. It shall be the duty of each designer preparing a
20drawing which requires excavation or demolition work within
21[the] this Commonwealth:

22(2) To request the line and facility information prescribed
23by [section 2, clause (4)] section 2(4) from the One Call System
24not less than ten nor more than ninety business days before
25final design is to be completed. This clause is not intended to
26prohibit designers from obtaining such information more than
27ninety days before final design is to be completed; however,
28they shall state in their requirements that such work is
29preliminary.

30(2.1) To forward a copy of the project plans to each

1facility owner who requests a copy. If a designer is unable to
2provide a copy because of security of the project or proprietary
3concerns regarding the design or the project, the designer shall
4negotiate in a timely manner with the facility owner the means
5of obtaining the necessary data.

6(3) To show upon the drawing the position and type of each
7facility owner's line, derived pursuant to the request made as
8required by clause (2), and the name of the facility owner as
9shown on the list referred to in section 3.

10(4) To make a reasonable effort to prepare the construction
11drawings to avoid damage to and minimize interference with a
12facility owner's facilities in the construction area by
13maintaining the clearance as provided for in the applicable
14easement condition or an eighteen-inch clearance of the facility
15owner's facilities if no easement restriction exists.

16(5) A designer shall be deemed to have met the obligations
17of clause (2) if he calls the One Call System and shows, as
18proof, the serial number of one call notice on drawings. The
19designer shall also show the toll-free number of the One Call
20System on the drawing near his serial number.

21(6) If, after receiving information from the facility
22owners, the designer decides to change the work site of a
23proposed excavation, the obligations imposed by this section
24shall apply to the new work site.

25(7) The designer who has complied with the terms of this act
26and who was not otherwise negligent shall not be subject to
27liability or incur any obligation to facility owners, operators,
28owners or other persons who sustain injury to person or property
29as a result of the excavation or demolition planning work of the
30designer.

1(8) To submit a report of alleged violation to the
2commission through the One Call System not more than <-ten thirty
3business days from the time the designer becomes aware that a
4violation of this act may have been committed in association
5with excavation or demolition work. The report of alleged
6violation shall be in a form and manner as required by the
7commission.

8(9) To request line and facility information required under
9section 2(4) from the One Call System and to pay the applicable
10fee for the request.

11Section 5. It shall be the duty of each excavator who
12intends to perform excavation or demolition work within this
13Commonwealth:

14(2.1) To request the location and type of facility owner
15lines at each work site by notifying the facility owner through
16the One Call System. Notification shall be not less than three
17nor more than ten business days in advance of beginning
18excavation or demolition work. No work shall begin earlier than
19the [scheduled excavation] lawful start date which shall be on
20or after the third business day after notification. The
21[scheduled excavation] lawful start date shall exclude the date
22upon which notification was received by the One Call System and
23notification received on a Saturday, Sunday or holiday, which
24shall be processed on the following business day. In the case of
25a complex project, notification shall not be less than ten
26business days in advance of the beginning of excavation or
27demolition work.

28(2.2) To provide the One Call System with [specific] exact
29information to identify the work site so that facility owners
30might provide indications of their lines. An excavator shall be

1deemed to have met the obligations of clause (2.1) if he calls
2the One Call System, provides the work site and other required
3information and receives a serial number.

4(3) In a complex project or if an excavator intends to
5perform work at multiple work sites or over a large area, [he
6shall] to take reasonable steps to work with facility owners,
7including scheduling and conducting a preconstruction meeting,
8so that they may locate their facilities at a time reasonably in
9advance of the actual start of excavation or demolition work for
10each phase of the work. A preconstruction meeting may take place
11at any time prior to the commencement of excavation or
12demolition work, and the excavator, facility owners and
13designer, or their agents, shall attend the meeting. Notice of
14the meeting shall be given sufficiently in advance so as to
15permit attendance, either in person or electronically, by the
16excavator, facility owners and designer, or their agents, and
17shall include information sufficient to identify the scope of
18work. If the excavator does not believe that a preconstruction
19meeting is necessary under the circumstances of this [paragraph] 
20clause it shall indicate such belief in its notice, but any
21facility owner with facilities at the work site may request a
22meeting with the excavator, and a meeting shall be held between
23the facility owner and the excavator. After commencement of
24excavation or demolition work, the excavator shall be
25responsible for protecting and preserving the staking, marking
26or other designation until no longer required for proper and
27safe excavation or demolition work at or near the underground
28facility[,] or by contacting the One Call System to request that
29the facilities be marked again in the event that the previous
30markings have been compromised or eliminated.

1(3.1) To comply with the requirements established by the One
2Call System as determined by the board of directors regarding
3the maximum area that a notification may cover.

4(4) To exercise due care[;] and to take all reasonable steps
5necessary to avoid injury to or otherwise interfere with all
6lines where positions have been provided to the excavator by the
7facility owners pursuant to [clause (5) of section 2] section 
82(5). Within the tolerance zone the excavator shall employ
9prudent techniques, which may include hand-dug test holes, to
10ascertain the precise position of such facilities. If
11insufficient information to safely excavate is available
12pursuant to [clause (5) of section 2] section 2(5), the
13excavator shall employ like prudent techniques which shall be
14paid for by the project owner pursuant to clause (15) [of this
15section].

16(5) If the facility owner fails to respond to the
17excavator's timely request as provided under [clause (5) of
18section 2] section 2(5) or the facility owner notifies the
19excavator that the line cannot be marked within the time frame
20and a mutually agreeable date for marking cannot be arrived at,
21the excavator may proceed with excavation as scheduled, but not
22earlier than the lawful dig date, provided he exercises due care
23in his endeavors, subject to the limitations contained in this
24clause and clauses (2.1) through (4) and (20).

25(6) To inform each operator employed by the excavator at the
26work site of such work of the information obtained by the
27excavator pursuant to clauses (2.1) through (5), and the
28excavator and operator shall:

29(i) Plan the excavation or demolition work to avoid damage
30to or minimize interference with a facility owner's facilities

1in the construction area. Excavation or demolition work which
2requires temporary or permanent interruption of a facility
3owner's service shall be coordinated with the affected facility
4owner in all cases.

5(ii) After consulting with a facility owner, provide such
6support and mechanical protection for known facility owner's
7lines at the construction work site during the excavation or
8demolition work, including during backfilling operations, as may
9be reasonably necessary for the protection of such lines.

10(7) To report immediately to the facility owner any break or
11leak on its lines, or any dent, gouge, groove or other damage to
12such lines or to their coating or cathodic protection, made or
13discovered in the course of the excavation or demolition work.
14The One Call System board of directors may adopt procedures to
15permit reporting under this clause through the One Call System.

16(8) To immediately notify 911 and the facility owner if the
17damage results in the escape of any flammable, toxic or
18corrosive gas or liquid which endangers life, health or
19property. The excavator shall take reasonable measures, based on
20its knowledge, training, resources, experience and understanding
21of the situation, to protect themselves and those in immediate
22danger, the general public, the property and the environment
23until the facility owner or emergency responders have arrived
24and completed their assessment and shall remain on the work site
25to convey any pertinent information to responders that may help
26them to safely mitigate the situation.

27(9) The time requirements of clause (2.1) shall not apply to
28a facility owner or excavator performing excavation or
29demolition work in an emergency, as defined in section 1;
30nonetheless, all facility owners shall be notified as soon as

1possible before, during or after excavation or demolition work,
2depending upon the circumstances.

3(11) [An excavator shall] To use the color white to mark a
4proposed excavation work site when exact work site information
5cannot be provided.

6(11.1) To assist a facility owner in determining involvement
7of a facility owner's lines by disclosing additional available
8information requested by the facility owner, including
9dimensions and the direction of proposed excavations.

10(11.2) If using horizontal directional drilling (HDD), at a
11minimum, to utilize the best practices published by the HDD
12Consortium.

13(12) The following standards shall be applied in determining
14whether an excavator shall incur any obligation or be subject to
15liability as a result of an excavator's demolition work or
16excavation work damaging a facility owner's facilities:

17(i) The excavator who has complied with the terms of this
18act and who was not otherwise negligent shall not be subject to
19liability or incur any obligation to facility owners, operators,
20project owners or other persons who sustain injury to person or
21property as a result of the excavator's excavation or demolition
22work damaging a facility owner's lines.

23(ii) Where an excavator has failed to comply with the terms
24of this act or was otherwise negligent, and the facility owner
25or designer has misidentified, mislocated or failed to identify
26its facilities pursuant to this act, then in computing the
27amount of reimbursement to which the facility owner is entitled,
28the cost of repairing or replacing its facilities shall be
29diminished in the same proportion that the facility owner's or
30designer's misidentification, mislocation or failure to identify

1the facilities contributed to the damage. Should the facility
2owner or designer not have misidentified, mislocated or failed
3to identify its facilities pursuant to this act, there shall be
4no diminution of the facility owner's right of recovery.

5(13) If, after receiving information from the One Call
6System or directly from a facility owner, the excavator decides
7to change the location, scope or duration of a proposed
8excavation, the obligations imposed by this section shall apply
9to the new location.

10(14) If an excavator removes its equipment and vacates a
11[worksite] work site for more than two business days, [he shall] 
12to renotify the One Call System unless other arrangements have
13been made directly with the facility owners involved in his
14[worksite] work site.

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

1shall not be deemed to limit any other rights which the
2excavator has under its contract with the project owner or
3otherwise. Provisions in any contract, public or private, which
4attempt to limit the rights of excavators under this section
5shall not be valid for any reason, and any attempted waiver of
6this section shall be void and unenforceable as against public
7policy and any such attempted waiver shall be reported to the
8[department] commission.

9(16) [To submit an incident report to the department not
10more than ten business days after striking or otherwise damaging
11a facility owner's line during excavation or demolition
12activities that resulted in personal injury or property damage
13to parties other than the affected excavator or facility owner.
14In addition, the incident report may be furnished to the
15Pennsylvania Public Utility Commission and the Pennsylvania
16Emergency Management Agency pursuant to memoranda of
17understanding negotiated between these agencies and the
18department.] To submit a report of alleged violation to the 
19commission through the One Call System not more than <-ten thirty 
20business days after striking or damaging a facility owner's line 
21during excavation or demolition or if the excavator believes a 
22violation of this act has been committed in association with 
23excavation or demolition work. The report of alleged violation 
24shall be in a form and manner as required by the commission.

25(17) To comply with all requests for information by the
26[department] commission relating to the [department's] 
27commission's enforcement authority under this act within thirty
28days of the receipt of the request.

29(18) To, if it chooses to do so and if working for a
30facility owner, a municipality or a municipal authority,

1delegate the power to discharge the duties set forth in clauses
2(2.1) and (2.2) to its project owner, with the project owner's
3consent. If the power is delegated pursuant to this clause, both
4the excavator and the project owner shall be responsible for
5providing the required notices.

6(19) To ensure the accuracy of any information provided to
7the One Call System pursuant to this section.

8(20) To renotify the One Call System of an unmarked or
9incorrectly marked facility, if an original, proper,
10nonemergency locate request has been made to the One Call System
11and, upon initial arrival at the proposed work site, it is
12apparent to the excavator that there is an unmarked or
13incorrectly marked facility. An excavator may not begin
14excavating in the affected area of the work site until after
15receiving sufficient information from the facility owner to
16safely excavate. If the facility owner fails to provide
17sufficient information to the excavator within three hours after
18the excavator has notified the One Call System of the unmarked
19or incorrectly marked facility, the excavator may proceed with
20excavation subject to the limitations under clause (5).

21(21) To make a locate request to the One Call System prior
22to excavation or demolition work and to pay the applicable fee
23for the request.

24Section 6.1. It shall be the duty of each project owner who
25engages in excavation or demolition work to be done within this
26Commonwealth:

27(1) To utilize sufficient quality levels of subsurface
28utility engineering or other similar techniques whenever
29practicable to properly determine the existence and positions of
30underground facilities when designing known complex projects

1having an estimated cost of four hundred thousand dollars
2($400,000) or more.

3(2) To timely respond to notifications received from
4excavators pursuant to [clause (15) of section 5] section 5(15).

5(3) To not release to bid or construction any project until
6after final design is completed.

7(4) To participate in design and preconstruction meetings
8either directly or through a representative.

9(5) To furnish the pertinent data obtained through
10subsurface utility engineering to the One Call System in a
11mutually agreeable format.

12(6) For new construction and where practicable in the
13opinion of the project owner, to install color-coded permanent
14markers to indicate the type and location of all laterals
15installed by the project owner.

16(7) To submit a report of alleged violation to the
17commission through the One Call System not more than <-ten thirty
18business days after striking or damaging a facility owner's line
19during excavation or demolition work activities, after a project
20owner's contracted excavator strikes or damages a facility
21owner's line during excavation or demolition activities or if
22the project owner believes a violation of this act has been
23committed in association with excavation or demolition. The
24report of alleged violation shall be in a form and manner as
25required by the commission.

26Section 4. Section 7.2 of the act, amended November 29, 2006
27(P.L.1593, No.181), is repealed:

28[Section 7.2. (a) Any person violating any of the
29provisions of this act, except clauses (1) and (2) of section 2,
30commits a summary offense and shall, upon conviction, be

1sentenced to pay a fine of not less than two thousand five
2hundred dollars ($2,500) nor more than fifty thousand dollars
3($50,000) or undergo imprisonment for not more than ninety days,
4or both. The Attorney General of the Commonwealth or any
5district attorney may enforce the provisions of this act in any
6court of competent jurisdiction. The department, in consultation
7with the Attorney General, may also enforce the provisions of
8this act in any court of competent jurisdiction. A facility
9owner may petition any court of competent jurisdiction to enjoin
10any excavation or demolition work conducted in violation of this
11act. Local law enforcement or emergency management personnel
12may, in the interest of public safety, order excavators on a
13site to stop further excavation if the excavation is being
14conducted in violation of this act.

15(b) Fines levied under subsection (a) shall be determined
16according to the following schedule:

17(1) Where violations result in property damage that does not
18exceed three thousand dollars ($3,000), the fine shall not
19exceed five thousand dollars ($5,000).

20(2) Where violations result in property damage of more than
21three thousand dollars ($3,000), the fine shall not exceed ten
22thousand dollars ($10,000).

23(3) For violations which result in personal injury or death,
24the fine shall not exceed fifty thousand dollars ($50,000).

25(c) The following factors shall be considered in determining
26the fine to be assessed:

27(1) The degree of the party's compliance with the statute
28prior to date of the violation.

29(2) The amount of personal and property damage caused by the
30party's noncompliance.

1(3) The degree of threat to the public safety and
2inconvenience caused by the party's noncompliance.

3(4) The party's plans and procedures to insure future
4compliance with statutes and regulations.

5(c.1) In addition to any other sanctions provided by this
6act, the department shall have the authority to issue warnings
7and orders requiring compliance with this act and may levy
8administrative penalties for violations of this act. Any
9warning, order or penalty shall be served on the person or
10entity violating the act at their last known address. The
11department shall consider the factors set forth in subsection
12(c) in determining the administrative penalty to be assessed.
13Any party aggrieved by the imposition of an order or
14administrative penalty imposed by the department may appeal such
15order or penalty as provided in 2 Pa.C.S. Ch. 5 Subch. A
16(relating to practice and procedure of Commonwealth agencies)
17and Ch. 7 Subch. A (relating to review of Commonwealth agency
18action).

19(c.2) Administrative penalties imposed by the department
20under subsection (c.1) shall be determined according to the
21following schedule:

22(1) Any person or entity violating the provisions of clauses
23(1) and (2) of section 2 may be subject to an administrative
24penalty not to exceed five hundred dollars ($500) per day. Each
25day of noncompliance shall constitute a separate violation.

26(2) Any person or entity receiving three or more warnings in
27a calendar year may be subject to an administrative penalty not
28to exceed five hundred dollars ($500).

29(3) Where violations result in property damage that does not
30exceed ten thousand dollars ($10,000), the administrative

1penalty may not exceed one thousand dollars ($1,000).

2(4) Where violations result in property damage of more than
3ten thousand dollars ($10,000), the administrative penalty may
4not exceed five thousand dollars ($5,000).

5(5) For violations that result in personal injury or death,
6the administrative penalty may not exceed ten thousand dollars
7($10,000).

8(d) All fines and penalties recovered under this section
9shall be payable to the Attorney General, district attorney or
10the department, whichever brought the action, and collected in
11the manner provided for by law. Administrative penalties
12collected by the department may be expended by the department
13for costs related to its enforcement activities and to sponsor
14damage prevention activities of the One Call System.

15(e) The provisions of this act shall not affect any civil
16remedies for personal injury or property damage, except as
17otherwise specifically provided for in this act.

18(f) The secretary or his designee shall have the authority
19to issue subpoenas, upon application of an attorney responsible
20for representing the Commonwealth in actions before the
21department, for the purpose of investigating alleged violations
22of this act. The department shall have the power to subpoena
23witnesses and compel the production of books, records, papers
24and documents as it deems necessary or pertinent to an
25investigation or hearing.]

26Section 5. The act is amended by adding sections to read:

27Section 7.8. (a) (Reserved).

28(b) A Damage Prevention Committee shall be established as
29follows:

30(1) The commission shall establish a Damage Prevention

1Committee <-in accordance with subsection (c).

<-2(2)  The committee shall consist of the following members,
3appointed by the commission:

4(i)  The executive director of the commission, or his
5designee.

6(ii)  The president of the One Call System, or his designee
7from the One Call System professional staff.

8(iii) One representative from each of the following
9nonmunicipally owned or affiliated facility owner industries:
10electric, natural gas or petroleum pipelines, telephone, water
11or wastewater and cable television, nominated by facility owners
12or affiliated organizations.

13(iv)  Three representatives of excavators, nominated by 
14excavators or affiliated organizations.

15(v)  One representative of municipal governments, nominated 
16by municipal governments or affiliated organizations.

17(vi)  One representative of municipal authorities, nominated 
18by municipal authorities or affiliated organizations.

19(3)  A person appointed to the committee must have expertise 
20with the operation of this act.

21(4)  A nomination under clause (2)(iii), (iv), (v) and (vi) 
22must be forwarded to the secretary of the commission. The 
23executive director of the commission shall provide recommended 
24candidates to the commission for approval.

25(5)  Except for an unexpired term or for committee members 
26under clause (2)(i) and (ii), the following shall apply:

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

28(ii)  Except for initial terms under clause (6), a committee 
29member's term shall be for a term of three years.

30(6)  The initial terms of committee members shall be as
 

1follows:

2(i)  Two representatives of facility owners shall serve three
3years, one representative shall serve two years and two
4representatives shall serve one year.

5(ii)  One representative of excavators shall serve three 
6years, one representative shall serve two years and one 
7representative shall serve one year.

8(iii)  The representative of municipal governments shall 
9serve two years.

10(iv)  The representative of municipal authorities shall serve 
11three years.

12(7)  The commission member shall serve as the chairperson of
13the committee and shall be a nonvoting member, except if the
14chairperson's vote is necessary to break a tie. The
15chairperson's attendance shall not be counted to establish a
16quorum.

17(8)  At least six members of the committee who are present
18shall constitute a quorum for the transaction of business. A
19simple majority vote of committee members present at a meeting
20shall be deemed to be the position of the committee.

<-21(2) (c) The committee shall regularly meet to carry out the
22following purposes:

<-23(i) (1) Review a report of an alleged violation of this act
24and <-commission staff damage prevention investigator findings and
25recommendations concerning a violation.

<-26(ii) (2) Issue a warning letter to a person, as deemed
27appropriate by the committee or <-the commission as recommended by
28the damage prevention investigator.

<-29(iii) (3) Issue an informal determination that imposes an
30administrative penalty <-and requires a person to attend a damage

1prevention educational program.

<-2(4) Require a person to attend a damage prevention 
3educational program.

<-4(iv) (5) Issue an informal determination that modifies or
5dismisses a recommendation of commission staff.

<-6(d)  The following shall apply to alleged violations:

7(1)  A person determined, in a report issued by a damage 
8prevention investigator, to have committed an alleged violation 
9shall do one of the following:

10(i) Provide a written acknowledgment of the findings and 
11administrative penalty contained in the report issued by a 
12damage prevention investigator to the committee.

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

14(2)  A person who is subject to an informal determination of 
15the committee may accept or reject the result. If an informal 
16determination is rejected, the matter shall be returned to the 
17damage prevention investigator for further action, if 
18appropriate, including referring the matter to commission 
19prosecutory staff for the purpose of issuing a formal complaint.

20(e)  Except for alleged violations involving injury or death,
  21the committee process provided for under subsection (c) may be 
22used in advance or instead of filing a formal complaint against 
23a person determined, in a report issued by a damage prevention 
24investigator, to have committed an alleged violation. An 
25informal determination of the committee shall be binding on the 
26commission unless a person rejects it.

27(f) The committee shall have the following additional 
28duties:

<-29(3) (1) Upon the request of the commission, the committee
30shall hold a special meeting to advise the commission on a

1matter related to damage prevention of underground facilities
2and this act.

<-3(4) (2) As soon as practical after establishment, the
4committee, with input from the One Call System, shall develop
5and implement bylaws. The bylaws shall:

<-6(i) establish a schedule for the frequency of regular 
7meetings;

<-8(i) (ii) delineate the committee's practice and procedure
9concerning the performance of duties assigned under this act and
10commission orders and regulations; and

<-11(ii) (iii) be approved by the commission.

<-12(c) The following shall apply to appointment and terms of
13members of the Damage Prevention Committee:

14(1) The committee shall consist of the following members,
15appointed by the commission:

16(i) The executive director of the commission, or his
17designee.

18(ii) The president of the One Call System, or his designee
19from the One Call System professional staff.

20(iii) Two representatives of facility owners, nominated by
21facility owners or affiliated organizations.

22(iv) Three representatives of excavators, nominated by
23excavators or affiliated organizations.

24(v) One representative of municipal governments, nominated
25by municipal governments or affiliated organizations.

26(vi) One representative of municipal authorities, nominated
27by municipal authorities or affiliated organizations.

28(2) A person appointed to the committee must have expertise
29with the operation of this act.

30(3) A nomination under clause (1)(iii), (iv), (v) and (vi)

1must be forwarded to the secretary of the commission. The
2executive director of the commission shall provide recommended
3candidates to the commission for approval.

4(4) Except for an unexpired term or for committee members
5under clause (1)(i) and (ii), the following shall apply:

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

7(ii) Except for initial terms under clause (5), a committee
8member's term shall be for a term of two years.

9(5) The initial terms of committee members shall be as
10follows:

11(i) One representative of facility owners shall serve two
12years and one shall serve one year.

13(ii) One representative of excavators shall serve two years
14and two shall serve one year.

15(iii) The representative of municipal governments shall
16serve two years.

17(iv) The representative of municipal authorities shall serve
18one year.

19(6) The commission member shall serve as the chairperson of
20the committee and shall be a nonvoting member, except if the
21chairperson's vote is necessary to break a tie.

22(7) At least five members of the committee who are present
23shall constitute a quorum for the transaction of business. A
24simple majority vote of committee members present at a meeting
25shall be deemed to be the position of the committee.

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

27(1) A person declared to have committed an alleged violation
28shall do one of the following:

29(i) Present its position to the committee.

30(ii) Provide a written acknowledgment of the investigation

1findings and administrative penalty to the committee.

2(2) A person who is subject to an informal determination of
3the committee may accept or reject the result. If an informal
4determination is rejected, the matter shall be returned to the
5prosecutory staff of the commission for further action if
6appropriate, including the issuance of a formal complaint.

7(e) Except for alleged violations involving injury or death,
8the prosecutory staff of the commission may use the committee
9process under subsection (d) in advance or instead of filing a
10formal complaint against a person declared to have committed an
11alleged violation. An informal determination of the committee
12shall be binding on the prosecutory staff of the commission
13unless a person rejects it.

14(f) <-(g) Except for willful misconduct, members of the
15committee shall be immune, individually and jointly, from civil
16liability for an act or omission done or made in performance of
17the members' duties while serving as members of the committee.

<-18(g) (h) The commission shall have the following powers to
19carry out the purposes of this act:

20(1) To employ individuals.

21(2) To issue orders.

22(3) To promulgate regulations, if the commission promulgates
23regulations which limit reporting to a specific type of
24incident, including contact with a line, damage to a line or
25line coating, personal injury, third-party damage and failure to
26comply with this act, the commission may consider the resources
27available for enforcement and other factors.

28(4) For one year following the effective date of this
29section, to promulgate temporary regulations. Regulations under
30this paragraph clause<- shall:

1(i) Expire no later than two years following the effective
2date of this section.

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

4(A) Sections 201, 202 and 203 of the act of July 31, 1968
5(P.L.769, No.240), referred to as the Commonwealth Documents
6Law.

7(B) The act of June 25, 1982 (P.L.633, No.181), known as the
8Regulatory Review Act.

9Section 7.9. (a) The Underground Utility Line Protection
10Fund is established as a revolving fund to be used by the
11commission for administering the enforcement of this act.

12(b) The fund shall be comprised of:

13(1) Administrative penalties collected by use of the
14committee process under subsection (c).

15(2) Funds received by the commission as a result of
16enforcing this act.

17(3) Federal or State grants received by the commission for
18the purpose of this act.

19(4) An annual assessment, if required under subpa<-ragraph
20s<-ubclause (ii)(A), paid by the One Call System for each fiscal
21year as follows:

22(i) Beginning on the effective date of this section the 
23following shall apply to the initial fiscal year, or a portion 
24of the initial fiscal year:

25(A) An initial assessment of five hundred fifty thousand
26dollars ($550,000) shall be paid, which shall be prorated if the
27effective date of this section occurs after the first day of the
28initial fiscal year.

29(B) Within ten days after the effective date of this
30section, the commission shall, by registered or certified mail,

1give notice to the One Call System of the amount assessed under
2this subclause, which shall be paid by the One Call System
3within ten days of receipt of the notice.

4(ii) During each subsequent fiscal year:

5(A) The annual assessment shall be calculated by subtracting
6the amount of uncommitted money, as defined by generally
7accepted accounting principles, present at the conclusion of the
8prior fiscal year within the fund, from the current year's
9projected program costs for commission enforcement of this act.

10(B) The annual amount assessed to the One Call System may
11not exceed five hundred fifty thousand dollars ($550,000).

12(C) Within thirty days of the start of each fiscal year, the
13commission shall, by registered or certified mail, give notice
14to the One Call System of the amount assessed under this
15subclause. The One Call System shall pay:

16(I) Fifty percent of the assessment to the commission within
17thirty days of receipt of the notice.

18(II) The balance of the assessment within one hundred eighty
19days of receipt of the notice.

20(c) Except as provided under subsection (d), administrative
21penalties, grant money and assessments paid by the One Call
22System shall be deposited into the fund. Interest earned on the
23fund shall be credited to the fund. Any money remaining in the
24fund at the end of the fiscal year shall not lapse and shall
25remain in the fund.

26(d) Administrative penalties collected through the issuance
27of an adjudication by the commission under this act shall be
28deposited in the General Fund.

29(e) The following shall apply:

30(1) Except as provided under clause (2), program costs for

1commission enforcement of this act shall be a line item in the
2commission's proposed budget and shall be subject to the review
3and approval of the Governor and the General Assembly as
4described under 66 Pa.C.S. § 510(a) (relating to assessment for
5regulatory expenses upon public utilities).

6(2) Program costs for commission enforcement of this act may
7not be included within the amount assessed to public utilities
8under 66 Pa.C.S. § 510. Program costs for commission enforcement
9of this act shall be paid from the fund.

10Section 7.10. (a) The commission may issue a warning and
11order requiring compliance with this act and may levy an
12administrative penalty for a violation of this act. A warning,
13order or penalty shall be served on the person or entity
14violating this act at the person's last known address. A party
15aggrieved by the imposition of an order or administrative
16penalty imposed by the commission may appeal the order or
17penalty as provided under 2 Pa.C.S. Chs. 5 Subch. A (relating to
18practice and procedure of Commonwealth agencies) and 7 Subch. A
19(relating to judicial review of Commonwealth agency action).

20(b) The following shall apply:

21(1) A person or entity violating this act may be subject to:

22(i) an administrative penalty of not more than two thousand
23five hundred dollars ($2,500) per violation; or

24(ii) if the violation results in injury, death or property
25damage of twenty-five thousand dollars ($25,000) or more, an
26administrative penalty of not more than fifty thousand dollars
27($50,000).

28(2) The commission and committee shall consider the
29following factors in determining the administrative penalty to
30be assessed:

1(i) The history of the party's compliance with the act prior
2to the date of the violation.

3(ii) The amount of injury or property damage caused by the
4party's noncompliance.

5(iii) The degree of threat to the public safety and
6inconvenience caused by the party's noncompliance.

7(iv) The party's proposed modification to internal practices
8and procedures to insure future compliance with statutes and
9regulations.

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

11(vi) Other factors as may be appropriate considering the
12facts and circumstances of the incident.

13(c) An administrative penalty recovered under this section
14shall be payable to the commission and collected in the manner
15provided for by law.

16(d) This act shall not affect a civil remedy for personal
17injury or property damage, except as provided for under this
18act.

19(e) The commission may issue a subpoena, on application of
20an attorney responsible for representing the Commonwealth in
21actions before the commission, for the purpose of investigating
22an alleged violation of this act. The commission shall have the
23power to subpoena witnesses and compel the production of books,
24records, papers and documents.

25(f) Nothing under this act shall be construed or interpreted
26to do any of the following:

27(1) Affect the ability of a district attorney or the
28Attorney General to investigate or file a claim for the same
29conduct.

30(2) Deprive a governmental agency, including a law

1enforcement agency, the Auditor General and a district attorney,
2of any jurisdictional power or duty.

3(g) A facility owner may petition a court of competent
4jurisdiction to enjoin excavation or demolition work conducted
5in violation of this act. Local law enforcement or emergency
6management personnel may, in the interest of public safety,
7order an excavator on a work site to stop further excavation if
8the excavation is being conducted in violation of this act.

9Section 6. Sections 8 and 39 of the act, amended or added
10November 29, 2006 (P.L.1593, No.181), are amended to read:

11Section 8. The One Call System shall have the authority to 
12design, establish and administer a voluntary payment dispute 
13resolution process which may be used by excavators, facility 
14owners, designers, project owners and other involved persons. 
15The process shall provide for dispute resolution panels selected 
16from among a list of representatives of stakeholder groups, 
17including facility owners, excavators, designers and regulators. 
18The process established under this section may not be used to 
19settle or resolve alleged violations of this act nor may involve 
20any issues related to the [department's] commission's 
21enforcement activities.

22Section 39. This act shall expire on December 31, [2016] ​
232021.

24Section 7. This act shall take effect as follows:

25(1) The following provisions shall take effect
26immediately:

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

28(ii) This section.

29(2) The remainder of this act shall take effect in 180
30days.