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
23disconnected from a line.

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

3"Business day" means any day except a Saturday, Sunday or
4legal holiday prescribed by statute. A business day begins at
512:00:00 a.m. and ends at 11:59:59 p.m.

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

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

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

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

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

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

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

30["Continuing property records" means a record required

1pursuant to 66 Pa.C.S. § 1702 (relating to continuing property
2records).]

3"Demolition work" means the partial or complete destruction
4of a structure, by any means, served by or adjacent to a line or
5lines.

6["Department" means the Department of Labor and Industry of
7the Commonwealth.]

8"Designer" means any architect, engineer or other person who
9or which prepares a drawing for a construction or other project
10which requires excavation or demolition work as herein defined.

11"Emergency" means a sudden or unforeseen occurrence involving
12a clear and immediate danger to life, property and the
13environment, including, but not limited to, serious breaks or
14defects in a facility owner's lines.

15"Excavation work" means the use of powered equipment or
16explosives in the movement of earth, rock or other material, and
17includes, but is not limited to, anchoring, augering,
18backfilling, blasting, boring, digging, ditching, drilling,
19driving-in, grading, plowing-in, pulling-in, ripping, scraping,
20trenching and tunneling, but does not include soft excavation
21technology such as vacuum, high pressure air or water, tilling
22of soil for agricultural purposes to a depth of less than
23eighteen inches[, the direct operations necessary or incidental
24to the purposes of finding or extracting natural resources,
25political subdivisions performing minor routine maintenance up
26to a depth of less than eighteen inches measured from the top of
27the edge of the cartway or the top of the outer edge of an
28improved shoulder, in addition to the performance of incidental
29de minimis excavation associated with the routine maintenance
30and the removal of sediment buildup, within the right-of-way of

1public roads or employes of the Department of Transportation
2performing within the scope of their employment work up to a
3depth of twenty-four inches beneath the existing surface within
4the right-of-way of a State highway] or the direct operations on 
5the well pad following construction of the well pad, necessary 
6or incidental to the extraction of oil or natural gas.

7"Excavator" means any person who or which performs excavation
8or demolition work for himself or for another person.

9"Facility owner" means the public utility or agency,
10political subdivision, municipality, authority, rural electric
11cooperative or other person or entity who or which owns or
12operates a line. [The term does not include the Department of
13Transportation within a State highway right-of-way.] The term
14does not include any of the following:

15(1) A person serving the person's own property through the
16person's own line, if the person does not provide service to any
17other customer.

18(2) A person using a line which the person does not own or
19operate, if the use of the line does not serve more than a
20single property.

21"Final design." means the engineering and construction
22drawings that are provided to a bidder or other person who is
23asked to initiate construction on the bid date or the date the
24project is set for construction in the absence of a bid.

25"Fiscal year" means the fiscal year utilized by the
26commission.

27"Fund" means the Underground Utility Line Protection Fund
28established under section 7.9(a).

29"Horizontal directional drilling." means the use of
30horizontal boring devices that can be guided between a launch

1point and a reception point beneath the earth's surface.

2"Injury" means a bodily harm to a person who, as a result of
3the bodily harm, immediately receives medical attention away
4from the scene of the incident.

5"Lawful start date" means the scheduled start date as 
6provided under section 1.1.

7"Line" or "facility" means an underground conductor or
8underground pipe or structure used in providing electric or
9communication service, or an underground pipe used in carrying,
10gathering, transporting or providing natural or artificial gas,
11petroleum, propane, oil or petroleum and production product,
12sewage, water or other service to one or more transportation
13carriers, consumers or customers of such service and the
14appurtenances thereto, regardless of whether such line or
15structure is located on land owned by a person or public agency
16or whether it is located within an easement or right-of-way. The
17term shall include unexposed storm drainage and traffic loops
18that are not clearly visible. [The term shall not include crude
19oil or natural gas production and gathering lines or facilities
20unless the line or facility is a regulated onshore gathering
21line as defined in regulations promulgated after January 1,
222006, by the United States Department of Transportation pursuant
23to the Pipeline Safety Act of 1992 (Public Law 102-508, 49 
24U.S.C. § 60101 et seq.), if the regulated gathering line is
25subject to the damage prevention program requirements of 49 CFR
26§ 192.614.]

27"Locate request" means a communication between an excavator
28or designer and the One Call System in which a request for
29locating facilities is processed. Locate requests submitted by
30an excavator performing work within the right-of-way of any

1State highway, either under contract to the Department of
2Transportation or under authority of a permit issued by the
3Department of Transportation, shall include the number of the
4Department of Transportation contract or permit.

5["Minor routine maintenance" means shaping of or adding dust
6palliative to unpaved roads, removal and application of patches
7to the surface or base of flexible base, rigid base or rigid
8surface roads by either manual or mechanized method to the
9extent of the existing exposed base material, crack and joint
10sealing, adding dust palliative to road shoulders, patching and
11cutting of shoulders and shoulder bases by either manual or
12mechanized methods to the extent of the existing exposed base,
13and cleaning of inlets and drainage pipes and ditches.]

14"One Call System" means the communication system established
15within this Commonwealth to provide a single nationwide toll-
16free telephone number or 811 number for excavators or designers
17or any other person covered by this act to call facility owners
18and notify them of their intent to perform excavation,
19demolition or similar work as defined by this act. The One Call
20System shall be incorporated and operated as a nonprofit
21corporation pursuant to 15 Pa.C.S. Pt. II Subpt. C (relating to
22nonprofit corporations).

23"Operator" means any individual in physical control of
24powered equipment or explosives when being used to perform
25excavation or demolition work.

26"Person" means an individual, partnership, corporation,
27political subdivision, a municipal authority, the Commonwealth
28and its agencies and instrumentalities, or any other entity.

29"Powered equipment" means any equipment energized by an
30engine or motor and used in excavation or demolition work.

1"Preconstruction meeting" means a scheduled event held by the
2excavator, designer, project owner and facility owner, or an
3agent of the excavator, designer, project owner and facility
4owner, prior to the commencement of excavation or demolition
5work in a complex project.

6["Preconstruction request" means a notification to facility
7owners regarding a complex project.]

8"Project owner" means any person who or which engages an
9excavator for construction or any other project which requires
10excavation or demolition work.

11"Report of alleged violation" means a recorded account of an
12alleged violation.

13["Secretary" means the Secretary of Labor and Industry of the
14Commonwealth.

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

28"Subsurface utility engineering" or "SUE" means those
29techniques set forth in the American Society of Civil Engineers
30(ASCE) most recently published standard CI/ASCE 38-02, or its

1successor document as determined by the One Call System.

2"Tolerance zone" means the horizontal space within eighteen
3inches of the outside wall or edge of a line or facility.

4"Traffic loop" means a device that detects metal objects such
5as cars and bicycles based on the change in inductance that they
6induce in the device.

7"Well site" means area, under the control of an oil or
8natural gas company, occupied by equipment or facilities
9necessary or required for the drilling, production or plugging
10of an oil or natural gas well.

11"Work site" means the specific place denoted on the locate
12request where excavation or demolition work is being or is
13planned to be performed. A work site should be denoted as a
14clearly defined, bounded area, including relevant identifiable
15points of reference such as the specific address with a specific
16description as to the portion of the property, including
17descriptions such as front, back, left side, right side and
18direction such as N, S, E, W or variants. Where possible, the
19points should also reference, without limitation, the size and
20radius or circumference of the excavation, utility pad or
21pedestal numbers, utility pole numbers, landmarks, including
22trees, fountains, fences, railroads, highway and pipeline
23markers, and latitude and longitude.

24Section 1.1. The act is amended by adding a section to read:

25Section 1.1. The lawful start date shall be three business
26days through ten business days following notification to the One
27Call System.

28Section 2. Section 2 of the act, amended November 29, 2006
29(P.L.1593, No.181) and October 9, 2008 (P.L.1507, No.121), is
30amended to read:

1Section 2. It shall be the duty of each facility owner:

2(1) To be a member of and give written notice to the One
3Call System. Such notice shall be in a form acceptable to the
4One Call System and include:

5(i) the legal name of the facility owner and their official
6mailing address;

7(ii) the names of the counties and municipalities, down to
8and including wards in Philadelphia, Pittsburgh, Allentown and
9Erie, in which its lines are located and other related
10information as may be required by the One Call System regarding
11the location of a member's facilities;

12(iii) the facility owner's address (by street, number and
13political subdivision)[,] and the telephone number and fax
14number, if available, to which inquiries may be directed as to
15the location of such lines;

16(iv) the street identifications or like information within
17each of the municipalities in which its lines are located. This
18information shall be in a form acceptable to the One Call
19System. Upon acceptance of the information from a facility
20owner, the One Call System shall provide the facility owner with
21notification within the boundaries described. All facility
22owners shall agree to indemnify and hold harmless the One Call
23System for any errors and omissions on the part of the facility
24owner or the excavator or designer providing the information as
25the agent of the facility owner; and

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

27(2) To provide the One Call System, within five business
28days, with any revised information required under this section.

29(4) Not more than ten business days after receipt of a
30request from a designer who identifies the work site of

1excavation or demolition work for which he is preparing a
2drawing, to initially respond to his request for information as
3to the position and type of the facility owner's lines at such
4work site based on the information currently in the facility
5owner's possession or to mark the plans which have been provided
6to it by the designer by field location or by another method
7agreed to by the designer, excavator and facility owner, or
8their agent. The facility owner shall so advise the person
9making the request of the facility owner's status at the work
10site through the One Call System.

11(5) After receipt of a timely request from an excavator or
12operator who identifies the work site of excavation or
13demolition work he intends to perform and not later than the
14business day prior to the [scheduled] lawful start date of
15excavation:

16(i) (A) To mark, stake, locate or otherwise provide the
17position of the facility owner's underground lines at the work
18site within eighteen inches horizontally from the outside wall
19of such line in a manner so as to enable the excavator, where
20appropriate, to employ prudent techniques, which may include
21hand-dug test holes, to determine the precise position of the
22underground facility owner's lines. This shall be done to the
23extent such information is available in the facility owner's
24records or by use of standard locating techniques other than
25excavation. Standard locating techniques shall include, at the
26utility owner's discretion, the option to choose available
27technologies suitable to each type of line or facility being
28located at the work site, topography or soil conditions or to
29assist the facility owner in locating its lines or facilities,
30based on accepted engineering and operational practices.

1Facility owners shall make reasonable efforts during the
2excavation phase to locate or notify excavators of the existence
3and type of abandoned lines [that remain on the continuing
4property records of the facility owners].

5(B) To maintain existing records of main lines abandoned on
6or after the effective date of this clause and to mark, locate
7or identify the main lines if possible, based upon the existing
8records. The records shall include written or electronic
9documents or drawings in the possession of the facility owner
10that show the location of an existing line or facility.

11(i.1) To[, where contained on its continuing property
12records,] identify the location of an actually known facility's
13point of connection to its facilities, where the point of
14connection is not owned or operated by the facility owner. A
15facility owner may identify the location of a known facility
16connected to its facilities, but not owned or operated by the
17facility owner, as a helpful guide to the excavator or owner.
18The identification shall not be deemed to impose any liability
19upon the facility owner for the accuracy of the other facility's
20identification.

21(ii) To[, at its option,] timely elect to excavate around
22its facilities in fulfillment of this subparagraph, at its 
23option.

24(iii.1) To propose mutually agreeable scheduling by which
25the excavator, facility owner or designer may locate the
26facilities.

27(v) To respond to all notices through the One Call System,
28provided the request is made in the time frame set forth under
29this act. The response shall be made not later than the end of
30the second business day following receipt of the notification by

1the One Call System, excluding the business day upon which the
2notification is received, or not later than the day prior to the
3[scheduled] lawful start date of excavation if the excavator
4specifies a later date or, in the case of an emergency, to
5respond through the One Call System as soon as practicable
6following receipt of notification of the emergency by the One
7Call System.

8(v.1) To, if a facility owner failed to respond to an
9original, proper, nonemergency locate request from the One Call
10System or to a renotification under section 5(20), communicate
11directly to the excavator within two hours after renotification
12of the information about its facility location and, if necessary
13and possible, go to the proposed work site to mark, stake or
14locate its underground lines or to verify to the excavator that
15the facility owner's underground lines are not within the area
16of the proposed work site.

17(vi) In marking the approximate position of underground
18lines or facilities, [the facility owner shall] to follow the
19Common Ground Alliance Best Practices for Temporary Marking set
20forth in ANSI standard Z535.1. Should the Common Ground Alliance
21Best Practices be amended, the amended guidelines shall be
22applied and followed. If the Common Ground Alliance Best
23Practices no longer publishes guidelines for temporary markings
24or if the responsibility for publishing the guidelines is
25transferred to or assumed by another entity, the facility owner
26shall follow the guidelines approved by the One Call System's
27board of directors.

28(vii) To respond to emergency notifications as soon as
29practicable following receipt of notification of such emergency.
30The response by the facility owner shall be consistent with the

1nature of the emergency information received by the facility
2owner.

3(viii) To participate in preconstruction meetings for a
4complex project or as described in [clause (3) of section 5] 
5section 5(3).

6(ix) If notification is received pursuant to [clause (8) of
7section 5] section 5(8), to give priority to responding to
8notification as an emergency.

9(9) If a facility owner fails to become a member of the One
10Call System in violation of this act and a line or lines of such
11nonmember facility owner are damaged by an excavator by reason
12of the excavator's failure to notify the facility owner because
13the facility owner was not a member of the One Call System
14serving the location where the damage occurred, such facility
15owner shall have no right of recovery from the excavator of any
16costs associated with the damage to its lines. The right herein
17granted shall not be in limitation of any other rights of the
18excavator.

19(10) [To submit an incident report to the department not
20more than ten business days after receipt of notice that the
21facility owner's lines have been damaged by excavation or
22demolition activities that resulted in personal injury or in
23property damage to parties other than the affected excavator or
24facility owner. In addition, the incident report may likewise be
25furnished to the Pennsylvania Public Utility Commission and the
26Pennsylvania Emergency Management Agency pursuant to memoranda
27of understanding negotiated between these agencies and the
28department, which shall, at a minimum, provide for a common
29reporting format for incident reports. The department shall
30furnish to the One Call System, upon reasonable request,

1statistical data pertaining to the number of incident reports
2filed with the department and the type, number and results of
3investigations for violations of this act.] To submit a report 
4of alleged violation to the commission through the One Call 
5System not more than ten business days after receipt of notice 
6that the facility owner's lines have been damaged by excavation 
7or demolition work or if the facility owner believes a violation 
8of this act has been committed in association with excavation or 
9demolition work. The report of alleged violation shall be in a 
10form and manner as required by the commission.

11(11) To comply with all requests for information by the
12[department] commission relating to the [department's] 
13commission's enforcement authority under this act within thirty
14days of the receipt of the request.

15(12) To participate in the One Call System's Member Mapping
16Solutions, as determined by the One Call System's board of
17directors.

18Section 3. Sections 3, 3.1, 4, 5 and 6.1 of the act, amended
19or added November 29, 2006 (P.L.1593, No.181), are amended to
20read:

21Section 3. It shall be the duty of the One Call System [to
22do the following]:

23(1.1) To assign one or more serial numbers and the date that
24the work site may legally be excavated and to log the entire
25voice transaction on logging recorders in appropriate digital
26form and maintain these logs for five years. All records shall
27be indexed and available to the parties involved at a reasonable
28cost and at reasonable times set by the One Call System.

29(1.2) [Perform] To perform the obligations, as set forth
30under this section, on behalf of the facility owner, excavator

1or designer as established by the board of directors of the One
2Call System.

3(1.3) [Provide] To provide access to municipal lists
4provided to the One Call System for those interested parties.
5This list shall contain facility owners having lines in the
6municipality, including wards as indicated in [subclause (ii) of
7clause (1) of section 2] section 2(1)(ii), and to maintain, for
8each municipality, a list containing the information as required
9to be submitted by the facility owner. Such list shall be
10updated as revised information is received from the facility
11owner within five business days.

12[(2) To make such lists under clause (1.3) available for
13public inspection via the county recorder of deeds without
14charge. A maximum copy fee of no more than twenty-five dollars
15($25) may be charged per county list. Each facility owner change
16shall be forwarded, at no charge, to the respective county
17recorder of deeds for public access. The recorder of deeds shall
18make such list available for public inspection based on the most
19current information provided to it by the One Call System.]

20(3) [Not more than ten business days after the receipt of a
21clear and specific request from the department, to provide
22access to or photocopies of specific One Call System response
23records, tickets or other like information relating to matters
24under investigation by the department pursuant to its
25enforcement authority under this act.] To, per memoranda of 
26understanding between the commission and the One Call System, 
27provide reports of alleged violations and other information, 
28such as photographs, photocopies and drawings and other 
29supporting documentation, that are submitted with the report of 
30alleged violation. The One Call System shall provide access or
 

1photocopies of specific One Call System response records, 
2tickets or other similar information related to matters covered 
3by this act under investigation by the commission, pursuant to 
4its enforcement authority under this act. The One Call System 
5may provide reports of alleged violations to the Pennsylvania 
6Emergency Management Agency, per memoranda of understanding.

7(4) To determine the maximum geographic area that shall
8constitute a valid single notification and to determine when
9multiple notifications shall be required of any person,
10including the method, the type and the number of notifications
11in a complex project.

12(5) If approved by the board of directors of the One Call
13System, to offer a service for the application and obtaining of
14State or municipal permits for excavation work. Issuance of the
15required permits shall be the responsibility of the appropriate
16State or municipal agency which has jurisdiction over the type
17of excavation work being performed.

18(6) Pursuant to policies adopted by the One Call System's
19board of directors, to provide a secure repository for and
20access to subsurface utility engineering data received from
21project owners to affected facility owner members.

22(7) To inquire, when an excavator has notified the One Call
23System of the existence of a release of natural gas or other
24hazardous substance or of potential danger to life, health or
25property, whether the excavator has notified the 911 system. If
26the 911 system has not been notified, the One Call System shall
27notify the excavator of the excavator's responsibility to notify
28the 911 system and shall make a record of the conversation.

29(8) To notify the facility owner as soon as possible that an
30excavator has identified an unmarked or incorrectly marked

1facility and of the facility owner's responsibilities under
2section 2(5)(v.1).

3Section 3.1. (a) The duties of the One Call System are
4those duties as set forth in section 3. Duties assigned to other
5parties in other sections of this act shall be the duties of
6those parties and shall not be imputed to the One Call System,
7including the duty to provide accurate information to the One
8Call System concerning proposed excavation and the duty to
9locate facilities at a work site.

10(b) The One Call System shall not be liable for damages to
11the person or the person's property arising out of its
12nonnegligent actions in furtherance of the duties imposed under
13this act and shall be liable only if the failure to comply was
14the proximate cause of any damages claimed.

15(c) (Reserved).

16(d) The One Call System shall be governed by a board of
17directors[,] to be chosen by the facility owners. No less than
18twenty percent of the seats on the board shall be held by
19municipalities or municipal authorities. The board shall include
20all of the following:

21(1) The [Chairman of the Pennsylvania Public Utility
22Commission] chairman or his designee.

23(2) The Director of the Pennsylvania Emergency Management
24Agency or his designee.

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

26(4) The Secretary of Transportation or his designee.

27(5) An excavator or excavation industry representative.

28(6) A designer or designer industry representative.

29(e) Operation costs for the One Call System shall be shared,
30in an equitable manner for services received, by facility owner

1members as determined by the One Call System's board of
2directors. Political subdivisions with a population of less than
3two thousand people or municipal authorities having an aggregate
4population in the area served by the municipal authority of less
5than five thousand people shall be exempt from the payment of
6any service fee. The One Call System may be reimbursed for its
7costs in providing this service from the contractor fees.

8(f) All fees shall be set by the board of directors and
9shall be based on the latest annual audited cost factors of the
10One Call System. Fees shall be set and adjusted to a rate not
11more than five percent above the audited cost factor plus the
12current average published Consumer Price Index for Pennsylvania.
13Costs of capital improvements may be added, if the improvement
14receives a majority vote of the board of directors.

15(f.1) An excavator, designer or operator who proposes to 
16commence excavation or demolition work and requests information 
17from the One Call System shall pay to the One Call System an 
18annual fee for the service provided by the One Call System under 
19section 3. The fee shall be set by the One Call System board of 
20directors and shall be used to offset a portion of the costs of 
21operations of the One Call System and a portion of the operation 
22costs levied on the One Call System's political subdivision and 
23municipal authority members. Failure to pay the fee shall 
24constitute a violation of this act and shall subject the 
25excavator, designer or operator to the enforcement authority of 
26the commission for the nonpayment.

27[(g) An excavator, designer or operator who proposes to
28commence excavation or demolition work and requests information
29of the One Call System shall be charged a fee for the service
30received from the One Call System. The fee shall be used to

1offset the operation cost levied on the political subdivision
2and municipal authority members in lieu of additional fees
3charged for locations under this act.]

4(h) Any request for information shall be reviewed and
5provided as determined in accordance with the procedure
6established by the One Call System's board of directors.

7Section 4. It shall be the duty of each designer preparing a
8drawing which requires excavation or demolition work within
9[the] this Commonwealth:

10(2) To request the line and facility information prescribed
11by [section 2, clause (4)] section 2(4) from the One Call System
12not less than ten nor more than ninety business days before
13final design is to be completed. This clause is not intended to
14prohibit designers from obtaining such information more than
15ninety days before final design is to be completed; however,
16they shall state in their requirements that such work is
17preliminary.

18(2.1) To forward a copy of the project plans to each
19facility owner who requests a copy. If a designer is unable to
20provide a copy because of security of the project or proprietary
21concerns regarding the design or the project, the designer shall
22negotiate in a timely manner with the facility owner the means
23of obtaining the necessary data.

24(3) To show upon the drawing the position and type of each
25facility owner's line, derived pursuant to the request made as
26required by clause (2), and the name of the facility owner as
27shown on the list referred to in section 3.

28(4) To make a reasonable effort to prepare the construction
29drawings to avoid damage to and minimize interference with a
30facility owner's facilities in the construction area by

1maintaining the clearance as provided for in the applicable
2easement condition or an eighteen-inch clearance of the facility
3owner's facilities if no easement restriction exists.

4(5) A designer shall be deemed to have met the obligations
5of clause (2) if he calls the One Call System and shows, as
6proof, the serial number of one call notice on drawings. The
7designer shall also show the toll-free number of the One Call
8System on the drawing near his serial number.

9(6) If, after receiving information from the facility
10owners, the designer decides to change the work site of a
11proposed excavation, the obligations imposed by this section
12shall apply to the new work site.

13(7) The designer who has complied with the terms of this act
14and who was not otherwise negligent shall not be subject to
15liability or incur any obligation to facility owners, operators,
16owners or other persons who sustain injury to person or property
17as a result of the excavation or demolition planning work of the
18designer.

19(8) To submit a report of alleged violation to the
20commission through the One Call System not more than ten
21business days from the time the designer becomes aware that a
22violation of this act may have been committed in association
23with excavation or demolition work. The report of alleged
24violation shall be in a form and manner as required by the
25commission.

26(9) To request line and facility information required under
27section 2(4) from the One Call System and to pay the applicable
28fee for the request.

29Section 5. It shall be the duty of each excavator who
30intends to perform excavation or demolition work within this

1Commonwealth:

2(2.1) To request the location and type of facility owner
3lines at each work site by notifying the facility owner through
4the One Call System. Notification shall be not less than three
5nor more than ten business days in advance of beginning
6excavation or demolition work. No work shall begin earlier than
7the [scheduled excavation] lawful start date which shall be on
8or after the third business day after notification. The
9[scheduled excavation] lawful start date shall exclude the date
10upon which notification was received by the One Call System and
11notification received on a Saturday, Sunday or holiday, which
12shall be processed on the following business day. In the case of
13a complex project, notification shall not be less than ten
14business days in advance of the beginning of excavation or
15demolition work.

16(2.2) To provide the One Call System with [specific] exact
17information to identify the work site so that facility owners
18might provide indications of their lines. An excavator shall be
19deemed to have met the obligations of clause (2.1) if he calls
20the One Call System, provides the work site and other required
21information and receives a serial number.

22(3) In a complex project or if an excavator intends to
23perform work at multiple work sites or over a large area, [he
24shall] to take reasonable steps to work with facility owners,
25including scheduling and conducting a preconstruction meeting,
26so that they may locate their facilities at a time reasonably in
27advance of the actual start of excavation or demolition work for
28each phase of the work. A preconstruction meeting may take place
29at any time prior to the commencement of excavation or
30demolition work, and the excavator, facility owners and

1designer, or their agents, shall attend the meeting. Notice of
2the meeting shall be given sufficiently in advance so as to
3permit attendance, either in person or electronically, by the
4excavator, facility owners and designer, or their agents, and
5shall include information sufficient to identify the scope of
6work. If the excavator does not believe that a preconstruction
7meeting is necessary under the circumstances of this [paragraph] 
8clause it shall indicate such belief in its notice, but any
9facility owner with facilities at the work site may request a
10meeting with the excavator, and a meeting shall be held between
11the facility owner and the excavator. After commencement of
12excavation or demolition work, the excavator shall be
13responsible for protecting and preserving the staking, marking
14or other designation until no longer required for proper and
15safe excavation or demolition work at or near the underground
16facility[,] or by contacting the One Call System to request that
17the facilities be marked again in the event that the previous
18markings have been compromised or eliminated.

19(3.1) To comply with the requirements established by the One
20Call System as determined by the board of directors regarding
21the maximum area that a notification may cover.

22(4) To exercise due care[;] and to take all reasonable steps
23necessary to avoid injury to or otherwise interfere with all
24lines where positions have been provided to the excavator by the
25facility owners pursuant to [clause (5) of section 2] section 
262(5). Within the tolerance zone the excavator shall employ
27prudent techniques, which may include hand-dug test holes, to
28ascertain the precise position of such facilities. If
29insufficient information to safely excavate is available
30pursuant to [clause (5) of section 2] section 2(5), the

1excavator shall employ like prudent techniques which shall be
2paid for by the project owner pursuant to clause (15) [of this
3section].

4(5) If the facility owner fails to respond to the
5excavator's timely request as provided under [clause (5) of
6section 2] section 2(5) or the facility owner notifies the
7excavator that the line cannot be marked within the time frame
8and a mutually agreeable date for marking cannot be arrived at,
9the excavator may proceed with excavation as scheduled, but not
10earlier than the lawful dig date, provided he exercises due care
11in his endeavors, subject to the limitations contained in this
12clause and clauses (2.1) through (4) and (20).

13(6) To inform each operator employed by the excavator at the
14work site of such work of the information obtained by the
15excavator pursuant to clauses (2.1) through (5), and the
16excavator and operator shall:

17(i) Plan the excavation or demolition work to avoid damage
18to or minimize interference with a facility owner's facilities
19in the construction area. Excavation or demolition work which
20requires temporary or permanent interruption of a facility
21owner's service shall be coordinated with the affected facility
22owner in all cases.

23(ii) After consulting with a facility owner, provide such
24support and mechanical protection for known facility owner's
25lines at the construction work site during the excavation or
26demolition work, including during backfilling operations, as may
27be reasonably necessary for the protection of such lines.

28(7) To report immediately to the facility owner any break or
29leak on its lines, or any dent, gouge, groove or other damage to
30such lines or to their coating or cathodic protection, made or

1discovered in the course of the excavation or demolition work.
2The One Call System board of directors may adopt procedures to
3permit reporting under this clause through the One Call System.

4(8) To immediately notify 911 and the facility owner if the
5damage results in the escape of any flammable, toxic or
6corrosive gas or liquid which endangers life, health or
7property. The excavator shall take reasonable measures, based on
8its knowledge, training, resources, experience and understanding
9of the situation, to protect themselves and those in immediate
10danger, the general public, the property and the environment
11until the facility owner or emergency responders have arrived
12and completed their assessment and shall remain on the work site
13to convey any pertinent information to responders that may help
14them to safely mitigate the situation.

15(9) The time requirements of clause (2.1) shall not apply to
16a facility owner or excavator performing excavation or
17demolition work in an emergency, as defined in section 1;
18nonetheless, all facility owners shall be notified as soon as
19possible before, during or after excavation or demolition work,
20depending upon the circumstances.

21(11) [An excavator shall] To use the color white to mark a
22proposed excavation work site when exact work site information
23cannot be provided.

24(11.1) To assist a facility owner in determining involvement
25of a facility owner's lines by disclosing additional available
26information requested by the facility owner, including
27dimensions and the direction of proposed excavations.

28(11.2) If using horizontal directional drilling (HDD), at a
29minimum, to utilize the best practices published by the HDD
30Consortium.

1(12) The following standards shall be applied in determining
2whether an excavator shall incur any obligation or be subject to
3liability as a result of an excavator's demolition work or
4excavation work damaging a facility owner's facilities:

5(i) The excavator who has complied with the terms of this
6act and who was not otherwise negligent shall not be subject to
7liability or incur any obligation to facility owners, operators,
8project owners or other persons who sustain injury to person or
9property as a result of the excavator's excavation or demolition
10work damaging a facility owner's lines.

11(ii) Where an excavator has failed to comply with the terms
12of this act or was otherwise negligent, and the facility owner
13or designer has misidentified, mislocated or failed to identify
14its facilities pursuant to this act, then in computing the
15amount of reimbursement to which the facility owner is entitled,
16the cost of repairing or replacing its facilities shall be
17diminished in the same proportion that the facility owner's or
18designer's misidentification, mislocation or failure to identify
19the facilities contributed to the damage. Should the facility
20owner or designer not have misidentified, mislocated or failed
21to identify its facilities pursuant to this act, there shall be
22no diminution of the facility owner's right of recovery.

23(13) If, after receiving information from the One Call
24System or directly from a facility owner, the excavator decides
25to change the location, scope or duration of a proposed
26excavation, the obligations imposed by this section shall apply
27to the new location.

28(14) If an excavator removes its equipment and vacates a
29[worksite] work site for more than two business days, [he shall] 
30to renotify the One Call System unless other arrangements have

1been made directly with the facility owners involved in his
2[worksite] work site.

3(15) When the information required from the facility owner
4under [clause (5)(i) of section 2] section 2(5)(i) cannot be
5provided or, due to the nature of the information received from
6the facility owner, it is reasonably necessary for the excavator
7to ascertain the precise location of any line or abandoned or
8unclaimed lines by prudent techniques, which may include hand-
9dug test holes, vacuum excavation or other similar devices, the
10excavator shall promptly notify the project owner or the project
11owner's representative, either orally or in writing. If oral
12notification is given, the notice shall be reduced to writing
13within a reasonable time by the project owner or excavator.
14After giving such notice, the excavator shall be entitled to
15compensation from the project owner for this additional work as
16provided in the latest edition of the Pennsylvania Department of
17Transportation Form 408 specifications for extra work performed
18on a force account basis. The provisions of this subsection
19shall not be deemed to limit any other rights which the
20excavator has under its contract with the project owner or
21otherwise. Provisions in any contract, public or private, which
22attempt to limit the rights of excavators under this section
23shall not be valid for any reason, and any attempted waiver of
24this section shall be void and unenforceable as against public
25policy and any such attempted waiver shall be reported to the
26[department] commission.

27(16) [To submit an incident report to the department not
28more than ten business days after striking or otherwise damaging
29a facility owner's line during excavation or demolition
30activities that resulted in personal injury or property damage

1to parties other than the affected excavator or facility owner.
2In addition, the incident report may be furnished to the
3Pennsylvania Public Utility Commission and the Pennsylvania
4Emergency Management Agency pursuant to memoranda of
5understanding negotiated between these agencies and the
6department.] To submit a report of alleged violation to the 
7commission through the One Call System not more than ten 
8business days after striking or damaging a facility owner's line 
9during excavation or demolition or if the excavator believes a 
10violation of this act has been committed in association with 
11excavation or demolition work. The report of alleged violation 
12shall be in a form and manner as required by the commission.

13(17) To comply with all requests for information by the
14[department] commission relating to the [department's] 
15commission's enforcement authority under this act within thirty
16days of the receipt of the request.

17(18) To, if it chooses to do so and if working for a
18facility owner, a municipality or a municipal authority,
19delegate the power to discharge the duties set forth in clauses
20(2.1) and (2.2) to its project owner, with the project owner's
21consent. If the power is delegated pursuant to this clause, both
22the excavator and the project owner shall be responsible for
23providing the required notices.

24(19) To ensure the accuracy of any information provided to
25the One Call System pursuant to this section.

26(20) To renotify the One Call System of an unmarked or
27incorrectly marked facility, if an original, proper,
28nonemergency locate request has been made to the One Call System
29and, upon initial arrival at the proposed work site, it is
30apparent to the excavator that there is an unmarked or

1incorrectly marked facility. An excavator may not begin
2excavating in the affected area of the work site until after
3receiving sufficient information from the facility owner to
4safely excavate. If the facility owner fails to provide
5sufficient information to the excavator within three hours after
6the excavator has notified the One Call System of the unmarked
7or incorrectly marked facility, the excavator may proceed with
8excavation subject to the limitations under clause (5).

9(21) To make a locate request to the One Call System prior
10to excavation or demolition work and to pay the applicable fee
11for the request.

12Section 6.1. It shall be the duty of each project owner who
13engages in excavation or demolition work to be done within this
14Commonwealth:

15(1) To utilize sufficient quality levels of subsurface
16utility engineering or other similar techniques whenever
17practicable to properly determine the existence and positions of
18underground facilities when designing known complex projects
19having an estimated cost of four hundred thousand dollars
20($400,000) or more.

21(2) To timely respond to notifications received from
22excavators pursuant to [clause (15) of section 5] section 5(15).

23(3) To not release to bid or construction any project until
24after final design is completed.

25(4) To participate in design and preconstruction meetings
26either directly or through a representative.

27(5) To furnish the pertinent data obtained through
28subsurface utility engineering to the One Call System in a
29mutually agreeable format.

30(6) For new construction and where practicable in the

1opinion of the project owner, to install color-coded permanent
2markers to indicate the type and location of all laterals
3installed by the project owner.

4(7) To submit a report of alleged violation to the
5commission through the One Call System not more than ten
6business days after striking or damaging a facility owner's line
7during excavation or demolition work activities, after a project
8owner's contracted excavator strikes or damages a facility
9owner's line during excavation or demolition activities or if
10the project owner believes a violation of this act has been
11committed in association with excavation or demolition. The
12report of alleged violation shall be in a form and manner as
13required by the commission.

14Section 4. Section 7.2 of the act, amended November 29, 2006
15(P.L.1593, No.181), is repealed:

16[Section 7.2. (a) Any person violating any of the
17provisions of this act, except clauses (1) and (2) of section 2,
18commits a summary offense and shall, upon conviction, be
19sentenced to pay a fine of not less than two thousand five
20hundred dollars ($2,500) nor more than fifty thousand dollars
21($50,000) or undergo imprisonment for not more than ninety days,
22or both. The Attorney General of the Commonwealth or any
23district attorney may enforce the provisions of this act in any
24court of competent jurisdiction. The department, in consultation
25with the Attorney General, may also enforce the provisions of
26this act in any court of competent jurisdiction. A facility
27owner may petition any court of competent jurisdiction to enjoin
28any excavation or demolition work conducted in violation of this
29act. Local law enforcement or emergency management personnel
30may, in the interest of public safety, order excavators on a

1site to stop further excavation if the excavation is being
2conducted in violation of this act.

3(b) Fines levied under subsection (a) shall be determined
4according to the following schedule:

5(1) Where violations result in property damage that does not
6exceed three thousand dollars ($3,000), the fine shall not
7exceed five thousand dollars ($5,000).

8(2) Where violations result in property damage of more than
9three thousand dollars ($3,000), the fine shall not exceed ten
10thousand dollars ($10,000).

11(3) For violations which result in personal injury or death,
12the fine shall not exceed fifty thousand dollars ($50,000).

13(c) The following factors shall be considered in determining
14the fine to be assessed:

15(1) The degree of the party's compliance with the statute
16prior to date of the violation.

17(2) The amount of personal and property damage caused by the
18party's noncompliance.

19(3) The degree of threat to the public safety and
20inconvenience caused by the party's noncompliance.

21(4) The party's plans and procedures to insure future
22compliance with statutes and regulations.

23(c.1) In addition to any other sanctions provided by this
24act, the department shall have the authority to issue warnings
25and orders requiring compliance with this act and may levy
26administrative penalties for violations of this act. Any
27warning, order or penalty shall be served on the person or
28entity violating the act at their last known address. The
29department shall consider the factors set forth in subsection
30(c) in determining the administrative penalty to be assessed.

1Any party aggrieved by the imposition of an order or
2administrative penalty imposed by the department may appeal such
3order or penalty as provided in 2 Pa.C.S. Ch. 5 Subch. A
4(relating to practice and procedure of Commonwealth agencies)
5and Ch. 7 Subch. A (relating to review of Commonwealth agency
6action).

7(c.2) Administrative penalties imposed by the department
8under subsection (c.1) shall be determined according to the
9following schedule:

10(1) Any person or entity violating the provisions of clauses
11(1) and (2) of section 2 may be subject to an administrative
12penalty not to exceed five hundred dollars ($500) per day. Each
13day of noncompliance shall constitute a separate violation.

14(2) Any person or entity receiving three or more warnings in
15a calendar year may be subject to an administrative penalty not
16to exceed five hundred dollars ($500).

17(3) Where violations result in property damage that does not
18exceed ten thousand dollars ($10,000), the administrative
19penalty may not exceed one thousand dollars ($1,000).

20(4) Where violations result in property damage of more than
21ten thousand dollars ($10,000), the administrative penalty may
22not exceed five thousand dollars ($5,000).

23(5) For violations that result in personal injury or death,
24the administrative penalty may not exceed ten thousand dollars
25($10,000).

26(d) All fines and penalties recovered under this section
27shall be payable to the Attorney General, district attorney or
28the department, whichever brought the action, and collected in
29the manner provided for by law. Administrative penalties
30collected by the department may be expended by the department

1for costs related to its enforcement activities and to sponsor
2damage prevention activities of the One Call System.

3(e) The provisions of this act shall not affect any civil
4remedies for personal injury or property damage, except as
5otherwise specifically provided for in this act.

6(f) The secretary or his designee shall have the authority
7to issue subpoenas, upon application of an attorney responsible
8for representing the Commonwealth in actions before the
9department, for the purpose of investigating alleged violations
10of this act. The department shall have the power to subpoena
11witnesses and compel the production of books, records, papers
12and documents as it deems necessary or pertinent to an
13investigation or hearing.]

14Section 5. The act is amended by adding sections to read:

15Section 7.8. (a) (Reserved).

16(b) A Damage Prevention Committee shall be established as
17follows:

18(1) The commission shall establish a Damage Prevention
19Committee in accordance with subsection (c).

20(2) The committee shall regularly meet to carry out the
21following purposes:

22(i) Review a report of an alleged violation of this act and
23commission staff findings and recommendations concerning a
24violation.

25(ii) Issue a warning letter to a person, as deemed
26appropriate by the committee or the commission.

27(iii) Issue an informal determination that imposes an
28administrative penalty and requires a person to attend a damage
29prevention educational program.

30(iv) Issue an informal determination that modifies or

1dismisses a recommendation of commission staff.

2(3) Upon the request of the commission, the committee shall
3hold a special meeting to advise the commission on a matter
4related to damage prevention of underground facilities and this
5act.

6(4) As soon as practical after establishment, the committee,
7with input from the One Call System, shall develop and implement
8bylaws. The bylaws shall:

9(i) delineate the committee's practice and procedure
10concerning the performance of duties assigned under this act and
11commission orders and regulations; and

12(ii) be approved by the commission.

13(c) The following shall apply to appointment and terms of
14members of the Damage Prevention Committee:

15(1) The committee shall consist of the following members,
16appointed by the commission:

17(i) The executive director of the commission, or his
18designee.

19(ii) The president of the One Call System, or his designee
20from the One Call System professional staff.

21(iii) Two representatives of facility owners, nominated by
22facility owners or affiliated organizations.

23(iv) Three representatives of excavators, nominated by
24excavators or affiliated organizations.

25(v) One representative of municipal governments, nominated
26by municipal governments or affiliated organizations.

27(vi) One representative of municipal authorities, nominated
28by municipal authorities or affiliated organizations.

29(2) A person appointed to the committee must have expertise
30with the operation of this act.

1(3) A nomination under clause (1)(iii), (iv), (v) and (vi)
2must be forwarded to the secretary of the commission. The
3executive director of the commission shall provide recommended
4candidates to the commission for approval.

5(4) Except for an unexpired term or for committee members
6under clause (1)(i) and (ii), the following shall apply:

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

8(ii) Except for initial terms under clause (5), a committee
9member's term shall be for a term of two years.

10(5) The initial terms of committee members shall be as
11follows:

12(i) One representative of facility owners shall serve two
13years and one shall serve one year.

14(ii) One representative of excavators shall serve two years
15and two shall serve one year.

16(iii) The representative of municipal governments shall
17serve two years.

18(iv) The representative of municipal authorities shall serve
19one year.

20(6) The commission member shall serve as the chairperson of
21the committee and shall be a nonvoting member, except if the
22chairperson's vote is necessary to break a tie.

23(7) At least five members of the committee who are present
24shall constitute a quorum for the transaction of business. A
25simple majority vote of committee members present at a meeting
26shall be deemed to be the position of the committee.

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

28(1) A person declared to have committed an alleged violation
29shall do one of the following:

30(i) Present its position to the committee.

1(ii) Provide a written acknowledgment of the investigation
2findings and administrative penalty to the committee.

3(2) A person who is subject to an informal determination of
4the committee may accept or reject the result. If an informal
5determination is rejected, the matter shall be returned to the
6prosecutory staff of the commission for further action if
7appropriate, including the issuance of a formal complaint.

8(e) Except for alleged violations involving injury or death,
9the prosecutory staff of the commission may use the committee
10process under subsection (d) in advance or instead of filing a
11formal complaint against a person declared to have committed an
12alleged violation. An informal determination of the committee
13shall be binding on the prosecutory staff of the commission
14unless a person rejects it.

15(f) Except for willful misconduct, members of the committee
16shall be immune, individually and jointly, from civil liability
17for an act or omission done or made in performance of the
18members' duties while serving as members of the committee.

19(g) The commission shall have the following powers to carry
20out the purposes of this act:

21(1) To employ individuals.

22(2) To issue orders.

23(3) To promulgate regulations, if the commission promulgates
24regulations which limit reporting to a specific type of
25incident, including contact with a line, damage to a line or
26line coating, personal injury, third-party damage and failure to
27comply with this act, the commission may consider the resources
28available for enforcement and other factors.

29(4) For one year following the effective date of this
30section, to promulgate temporary regulations. Regulations under

1this paragraph shall:

2(i) Expire no later than two years following the effective
3date of this section.

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

5(A) Sections 201, 202 and 203 of the act of July 31, 1968
6(P.L.769, No.240), referred to as the Commonwealth Documents
7Law.

8(B) The act of June 25, 1982 (P.L.633, No.181), known as the
9Regulatory Review Act.

10Section 7.9. (a) The Underground Utility Line Protection
11Fund is established as a revolving fund to be used by the
12commission for administering the enforcement of this act.

13(b) The fund shall be comprised of:

14(1) Administrative penalties collected by use of the
15committee process under subsection (c).

16(2) Funds received by the commission as a result of
17enforcing this act.

18(3) Federal or State grants received by the commission for
19the purpose of this act.

20(4) An annual assessment, if required under subparagraph
21(ii)(A), paid by the One Call System for each fiscal year as
22follows:

23(i) Beginning on the effective date of this section the 
24following shall apply to the initial fiscal year, or a portion 
25of the initial fiscal year:

26(A) An initial assessment of five hundred fifty thousand
27dollars ($550,000) shall be paid, which shall be prorated if the
28effective date of this section occurs after the first day of the
29initial fiscal year.

30(B) Within ten days after the effective date of this

1section, the commission shall, by registered or certified mail,
2give notice to the One Call System of the amount assessed under
3this subclause, which shall be paid by the One Call System
4within ten days of receipt of the notice.

5(ii) During each subsequent fiscal year:

6(A) The annual assessment shall be calculated by subtracting
7the amount of uncommitted money, as defined by generally
8accepted accounting principles, present at the conclusion of the
9prior fiscal year within the fund, from the current year's
10projected program costs for commission enforcement of this act.

11(B) The annual amount assessed to the One Call System may
12not exceed five hundred fifty thousand dollars ($550,000).

13(C) Within thirty days of the start of each fiscal year, the
14commission shall, by registered or certified mail, give notice
15to the One Call System of the amount assessed under this
16subclause. The One Call System shall pay:

17(I) Fifty percent of the assessment to the commission within
18thirty days of receipt of the notice.

19(II) The balance of the assessment within one hundred eighty
20days of receipt of the notice.

21(c) Except as provided under subsection (d), administrative
22penalties, grant money and assessments paid by the One Call
23System shall be deposited into the fund. Interest earned on the
24fund shall be credited to the fund. Any money remaining in the
25fund at the end of the fiscal year shall not lapse and shall
26remain in the fund.

27(d) Administrative penalties collected through the issuance
28of an adjudication by the commission under this act shall be
29deposited in the General Fund.

30(e) The following shall apply:

1(1) Except as provided under clause (2), program costs for
2commission enforcement of this act shall be a line item in the
3commission's proposed budget and shall be subject to the review
4and approval of the Governor and the General Assembly as
5described under 66 Pa.C.S. § 510(a) (relating to assessment for
6regulatory expenses upon public utilities).

7(2) Program costs for commission enforcement of this act may
8not be included within the amount assessed to public utilities
9under 66 Pa.C.S. § 510. Program costs for commission enforcement
10of this act shall be paid from the fund.

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

21(b) The following shall apply:

22(1) A person or entity violating this act may be subject to:

23(i) an administrative penalty of not more than two thousand
24five hundred dollars ($2,500) per violation; or

25(ii) if the violation results in injury, death or property
26damage of twenty-five thousand dollars ($25,000) or more, an
27administrative penalty of not more than fifty thousand dollars
28($50,000).

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

1be assessed:

2(i) The history of the party's compliance with the act prior
3to the date of the violation.

4(ii) The amount of injury or property damage caused by the
5party's noncompliance.

6(iii) The degree of threat to the public safety and
7inconvenience caused by the party's noncompliance.

8(iv) The party's proposed modification to internal practices
9and procedures to insure future compliance with statutes and
10regulations.

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

12(vi) Other factors as may be appropriate considering the
13facts and circumstances of the incident.

14(c) An administrative penalty recovered under this section
15shall be payable to the commission and collected in the manner
16provided for by law.

17(d) This act shall not affect a civil remedy for personal
18injury or property damage, except as provided for under this
19act.

20(e) The commission may issue a subpoena, on application of
21an attorney responsible for representing the Commonwealth in
22actions before the commission, for the purpose of investigating
23an alleged violation of this act. The commission shall have the
24power to subpoena witnesses and compel the production of books,
25records, papers and documents.

26(f) Nothing under this act shall be construed or interpreted
27to do any of the following:

28(1) Affect the ability of a district attorney or the
29Attorney General to investigate or file a claim for the same
30conduct.

1(2) Deprive a governmental agency, including a law
2enforcement agency, the Auditor General and a district attorney,
3of any jurisdictional power or duty.

4(g) A facility owner may petition a court of competent
5jurisdiction to enjoin excavation or demolition work conducted
6in violation of this act. Local law enforcement or emergency
7management personnel may, in the interest of public safety,
8order an excavator on a work site to stop further excavation if
9the excavation is being conducted in violation of this act.

10Section 6. Sections 8 and 39 of the act, amended or added
11November 29, 2006 (P.L.1593, No.181), are amended to read:

12Section 8. The One Call System shall have the authority to 
13design, establish and administer a voluntary payment dispute 
14resolution process which may be used by excavators, facility 
15owners, designers, project owners and other involved persons. 
16The process shall provide for dispute resolution panels selected 
17from among a list of representatives of stakeholder groups, 
18including facility owners, excavators, designers and regulators. 
19The process established under this section may not be used to 
20settle or resolve alleged violations of this act nor may involve 
21any issues related to the [department's] commission's 
22enforcement activities.

23Section 39. This act shall expire on December 31, [2016] ​
242021.

25Section 7. This act shall take effect as follows:

26(1) The following provisions shall take effect
27immediately:

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

29(ii) This section.

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