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, for duties of the One Call System, for duties of
12excavators, for duties of designers, for duties of project
13owners and for penalties; providing for enforcement, for
14underground utility line protection fund and for compliance;
15and further providing for One Call System authority and for
16expiration.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. The title and section 1 of the act of December
2010, 1974 (P.L.852, No.287), referred to as the Underground
21Utility Line Protection Law, amended November 29, 2006
22(P.L.1593, No.181), are amended to read:

23AN ACT

1To protect the public health and safety by preventing 
2excavation or demolition work from damaging underground 
3lines used in providing electricity, communication, gas, 
4propane, oil delivery, oil product delivery, sewage, 
5water or other service; imposing duties upon the 
6providers of such service[, recorders of deeds,] and 
7persons and other entities preparing drawings or 
8performing excavation or demolition work; and prescribing 
9penalties.

10Section 1. [As used in this act:] The following words and 
11phrases when used in this act shall have the meanings given to 
12them in this section unless the context clearly indicates 
13otherwise:

14"Abandoned" means no longer in service and physically
15disconnected from a line.

16"Alleged violation" means an instance when a person by action
17or inaction fails to fulfill the obligations of this act.

18"Business day" means any day except a Saturday, Sunday or
19legal holiday prescribed by statute. A business day begins at
2012:00:00 a.m. and ends at 11:59:59 p.m.

21["Cartway" means that portion of a street which is improved
22by surfacing with permanent or semipermanent material and is
23intended for vehicular traffic.]

24"Chairman" means the Chairman of the Pennsylvania Public
25Utility Commission.

26"Commission" means the Pennsylvania Public Utility
27Commission.

28"Committee" means the Damage Prevention Committee established
29under section 7.8(b).

30"Common Ground Alliance best practices" means the damage

1prevention industry recommended standards issued by the Common
2Ground Alliance, a not-for-profit corporation created pursuant
3to the issuance of the United States Department of
4Transportation's Common Ground Task Force report in 1999.

5"Complex project" means an excavation that involves more work
6than properly can be described in a single locate request or any
7project designated as such by the excavator or facility owner as
8a consequence of its complexity or its potential to cause
9significant disruption to lines or facilities and the public,
10including excavations that require scheduling locates over an
11extended time frame.

12"Consumer Price Index" means the index of consumer prices
13developed and updated by the Bureau of Labor Statistics of the
14United States Department of Labor.

15["Continuing property records" means a record required
16pursuant to 66 Pa.C.S. § 1702 (relating to continuing property
17records).]

18"Demolition work" means the partial or complete destruction
19of a structure, by any means, served by or adjacent to a line or
20lines.

21["Department" means the Department of Labor and Industry of
22the Commonwealth.]

23"Designer" means any architect, engineer or other person who
24or which prepares a drawing for a construction or other project
25which requires excavation or demolition work as herein defined.

26"Emergency" means a sudden or unforeseen occurrence involving
27a clear and immediate danger to life, property and the
28environment, including, but not limited to, serious breaks or
29defects in a facility owner's lines.

30"Excavation work" means the use of powered equipment or

1explosives in the movement of earth, rock or other material, and
2includes, but is not limited to, anchoring, augering,
3backfilling, blasting, boring, digging, ditching, drilling,
4driving-in, grading, plowing-in, pulling-in, ripping, scraping,
5trenching and tunneling, but does not include soft excavation
6technology such as vacuum, high pressure air or water, tilling
7of soil for agricultural purposes to a depth of less than
8eighteen inches[, the direct operations necessary or incidental
9to the purposes of finding or extracting natural resources,
10political subdivisions performing minor routine maintenance up
11to a depth of less than eighteen inches measured from the top of
12the edge of the cartway or the top of the outer edge of an
13improved shoulder, in addition to the performance of incidental
14de minimis excavation associated with the routine maintenance
15and the removal of sediment buildup, within the right-of-way of
16public roads or employes of the Department of Transportation
17performing within the scope of their employment work up to a
18depth of twenty-four inches beneath the existing surface within
19the right-of-way of a State highway].

20"Excavator" means any person who or which performs excavation
21or demolition work for himself or for another person.

22"Facility owner" means the public utility or agency,
23political subdivision, municipality, authority, rural electric
24cooperative or other person or entity who or which owns or
25operates a line. [The term does not include the Department of
26Transportation within a State highway right-of-way.] The term
27does not include any of the following:

28(1) A person serving the person's own property through the
29person's own line, if the person does not provide service to any
30other customer.

1(2) A person using a line which the person does not own or
2operate, if the use of the line does not serve more than a
3single property.

4"Final design" means the engineering and construction
5drawings that are provided to a bidder or other person who is
6asked to initiate construction on the bid date or the date the
7project is set for construction in the absence of a bid.

8"Fiscal year" means the year beginning July 1 and ending June
930 which is utilized by the commission.

10"Fund" means the Underground Utility Line Protection Fund
11established under section 7.9(a).

12"Horizontal directional drilling" means the use of horizontal
13boring devices that can be guided between a launch point and a
14reception point beneath the earth's surface.

15"Injury" means a bodily harm to a person, who as a result of
16the bodily harm, immediately receives medical attention away
17from the scene of the incident.

18"Lawful start date" means the scheduled start date as 
19provided under section 1.1.

20"Line" or "facility" means an underground conductor or
21underground pipe or structure used in providing electric or
22communication service, or an underground pipe used in carrying,
23gathering, transporting or providing natural or artificial gas,
24petroleum, propane, oil or petroleum and production product,
25sewage, water or other service to one or more transportation
26carriers, consumers or customers of such service and the
27appurtenances thereto, regardless of whether such line or
28structure is located on land owned by a person or public agency
29or whether it is located within an easement or right-of-way. The
30term shall include unexposed storm drainage and traffic loops

1that are not clearly visible. [The term shall not include crude
2oil or natural gas production and gathering lines or facilities
3unless the line or facility is a regulated onshore gathering
4line as defined in regulations promulgated after January 1,
52006, by the United States Department of Transportation pursuant
6to the Pipeline Safety Act of 1992 (Public Law 102-508, 49 
7U.S.C. § 60101 et seq.), if the regulated gathering line is
8subject to the damage prevention program requirements of 49 CFR
9§ 192.614.]

10"Locate request" means a communication between an excavator
11or designer and the One Call System in which a request for
12locating facilities is processed. Locate requests submitted by
13an excavator performing work within the right-of-way of any
14State highway, either under contract to the Department of
15Transportation or under authority of a permit issued by the
16Department of Transportation, shall include the number of the
17Department of Transportation contract or permit.

18"Minor routine maintenance" means:

19(1) shaping of or adding dust palliative to unpaved roads,
20removal and application of patches to the surface or base of
21flexible base, rigid base or rigid surface roads by either
22manual or mechanized method to the extent of the existing
23exposed base material, crack and joint sealing, adding dust
24palliative to road shoulders, patching and cutting of shoulders
25and shoulder bases by either manual or mechanized methods to the
26extent of the existing exposed base[,]; and

27(2) cleaning of inlets and drainage pipes and ditches.

28"One Call System" means the communication system established
29within this Commonwealth to provide a single nationwide toll-
30free telephone number or 811 number for excavators or designers

1or any other person covered by this act to call facility owners
2and notify them of their intent to perform excavation,
3demolition or similar work as defined by this act. The One Call
4System shall be incorporated and operated as a nonprofit
5corporation pursuant to 15 Pa.C.S. Pt. II Subpt. C (relating to
6nonprofit corporations).

7"Operator" means any individual in physical control of
8powered equipment or explosives when being used to perform
9excavation or demolition work.

10"Person" means an individual, partnership, corporation,
11political subdivision, a municipal authority, the Commonwealth
12and its agencies and instrumentalities, or any other entity.

13"Powered equipment" means any equipment energized by an
14engine or motor and used in excavation or demolition work.

15["Preconstruction request" means a notification to facility
16owners regarding a complex project.]

17"Preconstruction meeting" means a scheduled event held by the
18excavator, designer, project owner and facility owner, or an
19agent of the excavator, designer, project owner and facility
20owner, prior to the commencement of excavation or demolition
21work in a complex project.

22"Project owner" means any person who or which engages an
23excavator for construction or any other project which requires
24excavation or demolition work.

25["Secretary" means the Secretary of Labor and Industry of the
26Commonwealth.

27"Site" means the specific place denoted on the locate request
28where excavation or demolition work is being or is planned to be
29performed. A site should be denoted as a clearly defined,
30bounded area, including relevant identifiable points of

1reference such as the specific address with a specific
2description as to the portion of the property, including
3descriptions such as front, back, left side, right side and
4direction such as N, S, E, W or variants. Where possible, the
5points should also reference, without limitation, the size and
6radius or circumference of the excavation, utility pad or
7pedestal numbers, utility pole numbers, landmarks, including
8trees, fountains, fences, railroads, highway and pipeline
9markers, and latitude and longitude.]

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

12"Subsurface utility engineering" or "SUE" means those
13techniques set forth in the American Society of Civil Engineers
14(ASCE) most recently published standard CI/ASCE 38-02, or its
15successor document as determined by the One Call System.

16"Tolerance zone" means the horizontal space within eighteen
17inches of the outside wall or edge of a line or facility.

18"Traffic loop" means a device that detects metal objects such
19as cars and bicycles based on the change in inductance that they
20induce in the device.

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

1pedestal numbers, utility pole numbers, landmarks, including
2trees, fountains, fences, railroads, highway and pipeline
3markers, and latitude and longitude.

4Section 1.1. The act is amended by adding a section to read:

5Section 1.1. The lawful start date shall be three business
6days through ten business days following notification to the One
7Call System.

8Section 2. Section 2 of the act, amended November 29, 2006
9(P.L.1593, No.181) and October 9, 2008 (P.L.1507, No.121), is
10amended to read:

11Section 2. It shall be the duty of each facility owner:

12(1) To be a member of and give written notice to the One
13Call System. Such notice shall be in a form acceptable to the
14One Call System and include:

15(i) the legal name of the facility owner and their official
16mailing address;

17(ii) the names of the counties and municipalities, down to
18and including wards in Philadelphia, Pittsburgh, Allentown and
19Erie, in which its lines are located and other related
20information as may be required by the One Call System regarding
21the location of a member's facilities;

22(iii) the facility owner's address (by street, number and
23political subdivision)[,] and the telephone number and fax
24number, if available, to which inquiries may be directed as to
25the location of such lines;

26(iv) the street identifications or like information within
27each of the municipalities in which its lines are located. This
28information shall be in a form acceptable to the One Call
29System. Upon acceptance of the information from a facility
30owner, the One Call System shall provide the facility owner with

1notification within the boundaries described. All facility
2owners shall agree to indemnify and hold harmless the One Call
3System for any errors and omissions on the part of the facility
4owner or the excavator or designer providing the information as
5the agent of the facility owner; and

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

7(1.1) To participate in the One Call System's Member Mapping
8Solutions as determined by the One Call System's board of
9directors.

10(2) To provide the One Call System, within five business
11days, with any revised information required under this section.

12(4) Not more than ten business days after receipt of a
13request from a designer who identifies the work site of
14excavation or demolition work for which he is preparing a
15drawing, to initially respond to his request for information as
16to the position and type of the facility owner's lines at such
17work site based on the information currently in the facility
18owner's possession or to mark the plans which have been provided
19to it by the designer by field location or by another method
20agreed to by the designer, excavator and facility owner, or
21their agent. The facility owner shall so advise the person
22making the request of the facility owner's status at the work
23site through the One Call System.

24(5) After receipt of a timely request from an excavator or
25operator who identifies the work site of excavation or
26demolition work he intends to perform and not later than the
27business day prior to the [scheduled] lawful start date of
28excavation:

29(i) (A) To mark, stake, locate or otherwise provide the
30position of the facility owner's underground lines at the work

1site within eighteen inches horizontally from the outside wall
2of such line in a manner so as to enable the excavator, where
3appropriate, to employ prudent techniques, which may include
4hand-dug test holes, to determine the precise position of the
5underground facility owner's lines. This shall be done to the
6extent such information is available in the facility owner's
7records or by use of standard locating techniques other than
8excavation. Standard locating techniques shall include, at the
9utility owner's discretion, the option to choose available
10technologies suitable to each type of line or facility being
11located at the work site, topography or soil conditions or to
12assist the facility owner in locating its lines or facilities,
13based on accepted engineering and operational practices.
14Facility owners shall make reasonable efforts during the
15excavation phase to locate or notify excavators of the existence
16and type of abandoned lines [that remain on the continuing
17property records of the facility owners].

18(B) To maintain existing records of main lines abandoned on
19or after the effective date of this clause and to mark, locate
20or identify the main lines if possible, based upon the existing
21records. The records shall include written or electronic
22documents or drawings in the possession of the facility owner
23that show the location of an existing line or facility.

24(i.1) To[, where contained on its continuing property
25records,] identify the location of an actually known facility's
26point of connection to its facilities, where the point of
27connection is not owned or operated by the facility owner. A
28facility owner may identify the location of a known facility
29connected to its facilities, but not owned or operated by the
30facility owner, as a helpful guide to the excavator or owner.

1The identification shall not be deemed to impose any liability
2upon the facility owner for the accuracy of the other facility's
3identification.

4(ii) To[, at its option,] timely elect to excavate around
5its facilities in fulfillment of this subparagraph, at its 
6option.

7(iii.1) To propose mutually agreeable scheduling by which
8the excavator, facility owner or designer may locate the
9facilities.

10(v) To respond to all notices through the One Call System,
11provided the request is made in the time frame set forth under
12this act. The response shall be made not later than the end of
13the second business day following receipt of the notification by
14the One Call System, excluding the business day upon which the
15notification is received, or not later than the day prior to the
16[scheduled] lawful start date of excavation if the excavator
17specifies a later date or, in the case of an emergency, to
18respond through the One Call System as soon as practicable
19following receipt of notification of the emergency by the One
20Call System.

21(v.1) To, if a facility owner failed to respond to an
22original, proper, nonemergency locate request from the One Call
23System or to a renotification under section 5(20), communicate
24directly to the excavator within two hours after renotification
25of the information about its facility location and, if necessary
26and possible, go to the proposed work site to mark, stake or
27locate its underground lines or to verify to the excavator that
28the facility owner's underground lines are not within the area
29of the proposed work site.

30(vi) In marking the approximate position of underground

1lines or facilities, [the facility owner shall] to follow the
2Common Ground Alliance Best Practices for Temporary Marking set
3forth in ANSI standard Z535.1. Should the Common Ground Alliance
4Best Practices be amended, the amended guidelines shall be
5applied and followed. If the Common Ground Alliance Best
6Practices no longer publishes guidelines for temporary markings
7or if the responsibility for publishing the guidelines is
8transferred to or assumed by another entity, the facility owner
9shall follow the guidelines approved by the One Call System's
10board of directors.

11(vii) To respond to emergency notifications as soon as
12practicable following receipt of notification of such emergency.
13The response by the facility owner shall be consistent with the
14nature of the emergency information received by the facility
15owner.

16(viii) To participate in preconstruction meetings for a
17complex project or as described in [clause (3) of section 5] 
18section 5(3).

19(ix) If notification is received pursuant to [clause (8) of
20section 5] section 5(8), to give priority to responding to
21notification as an emergency.

22(9) If a facility owner fails to become a member of the One
23Call System in violation of this act and a line or lines of such
24nonmember facility owner are damaged by an excavator by reason
25of the excavator's failure to notify the facility owner because
26the facility owner was not a member of the One Call System
27serving the location where the damage occurred, such facility
28owner shall have no right of recovery from the excavator of any
29costs associated with the damage to its lines. The right herein
30granted shall not be in limitation of any other rights of the

1excavator.

2(10) [To submit an incident report to the department not
3more than ten business days after receipt of notice that the
4facility owner's lines have been damaged by excavation or
5demolition activities that resulted in personal injury or in
6property damage to parties other than the affected excavator or
7facility owner. In addition, the incident report may likewise be
8furnished to the Pennsylvania Public Utility Commission and the
9Pennsylvania Emergency Management Agency pursuant to memoranda
10of understanding negotiated between these agencies and the
11department, which shall, at a minimum, provide for a common
12reporting format for incident reports. The department shall
13furnish to the One Call System, upon reasonable request,
14statistical data pertaining to the number of incident reports
15filed with the department and the type, number and results of
16investigations for violations of this act.] To submit a report 
17of alleged violation to the commission through the One Call 
18System not more than ten business days after receipt of notice 
19that the facility owner's lines have been damaged by excavation 
20or demolition work or if the facility owner believes a violation 
21of this act has been committed in association with excavation or 
22demolition work. The report of alleged violation shall be in a 
23form and manner as required by the commission.

24(11) To comply with all requests for information by the
25[department] commission relating to the [department's] 
26commission's enforcement authority under this act within thirty
27days of the receipt of the request.

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

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

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

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

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

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

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

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

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

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

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

1project owners to affected facility owner members.

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

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

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

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

25(c) (Reserved).

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

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

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

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

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

7(5) An excavator or excavation industry representative.

8(6) A designer or designer industry representative.

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

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

25[(g) An excavator, designer or operator who proposes to
26commence excavation or demolition work and requests information
27of the One Call System shall be charged a fee for the service
28received from the One Call System. The fee shall be used to
29offset the operation cost levied on the political subdivision
30and municipal authority members in lieu of additional fees

1charged for locations under this act.]

2(f.1) An excavator, designer or operator who proposes to
3commence excavation or demolition work and requests information
4from the One Call System shall pay to the One Call System an
5annual fee for the service provided by the One Call System under
6section 3. The fee shall be set by the One Call System board of
7directors and shall be used to offset a portion of the costs of
8operations of the One Call System and a portion of the operation
9costs levied on the One Call System's political subdivision and
10municipal authority members. Failure to pay the fee shall 
11constitute a violation of this act and shall subject the 
12excavator, designer or operator to the enforcement authority of 
13the commission for the nonpayment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1information and receives a serial number.

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

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

1the maximum area that a notification may cover.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25Section 7.8. (a) A Damage Prevention Committee shall be
26established as follows:

27(1) The commission shall establish a Damage Prevention
28Committee.

29(2) The committee shall regularly meet to carry out the
30following purposes:

1(i) Review a report of an alleged violation of this act and
2commission staff findings and recommendations concerning a
3violation.

4(ii) Issue a warning letter to a person, as deemed
5appropriate by the committee or the commission.

6(iii) Issue an informal determination that imposes an
7administrative penalty and requires a person to attend a damage
8prevention educational program.

9(iv) Issue an informal determination that modifies or
10dismisses a recommendation of commission staff.

11(3) Upon the request of the commission, the committee shall
12hold a special meeting to advise the commission on a matter
13related to damage prevention of underground facilities and this
14act.

15(4) As soon as practical after establishment, the committee,
16with input from the One Call System, shall develop and implement
17bylaws. The bylaws shall:

18(i) delineate the committee's practice and procedure
19concerning the performance of duties assigned under this act and
20the commission orders and regulations; and

21(ii) be approved by the commission.

22(b) The following shall apply:

23(1) The committee shall consist of the following members,
24appointed by the commission:

25(i) The executive director of the commission, or his
26designee.

27(ii) The president of the One Call System, or his designee
28from the One Call System professional staff.

29(iii) Two representatives of facility owners, nominated by
30facility owners or affiliated organizations.

1(iv) Three representatives of excavators, nominated by
2excavators or affiliated organizations.

3(v) One representative of municipal governments, nominated
4by municipal governments or affiliated organizations.

5(vi) One representative of municipal authorities, nominated
6by municipal authorities or affiliated organizations.

7(2) A person appointed to the committee must have expertise
8with the operation of this act.

9(3) A nomination under clause (1)(iii), (iv), (v) and (vi)
10must be forwarded to the secretary of the commission. The
11executive director of the commission shall provide recommended
12candidates to the commission for approval.

13(4) Except for an unexpired term or for committee members
14under clause (1)(i) and (ii), the following shall apply:

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

16(ii) Except for initial terms under clause (5), a committee
17member's term shall be for a term of two years.

18(5) The initial terms of committee members shall be as
19follows:

20(i) One representative of facility owners shall serve two
21years and one shall serve one year.

22(ii) One representative of excavators shall serve two years
23and two shall serve one year.

24(iii) The representative of municipal governments shall
25serve two years.

26(iv) The representative of municipal authorities shall serve
27one year.

28(6) The commission member shall serve as the chairperson of
29the committee and shall be a nonvoting member, except if the
30chairperson's vote is necessary to break a tie.

1(7) At least five members of the committee who are present
2shall constitute a quorum for the transaction of business. A
3simple majority vote of committee members present at a meeting
4shall be deemed to be the position of the committee.

5(c) The following shall apply:

6(1) A person declared to have committed an alleged violation
7shall do one of the following:

8(i) Present its position to the committee.

9(ii) Provide a written acknowledgment of the investigation
10findings and administrative penalty to the committee.

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

16(d) Except for alleged violations involving injury or death,
17the prosecutorial staff of the commission may use the committee
18process under subsection (c) in advance or instead of filing a
19formal complaint against a person declared to have committed an
20alleged violation. An informal determination of the committee
21shall be binding on the prosecutor staff of the commission
22unless a person rejects it.

23(e) Except for willful misconduct, members of the committee
24shall be immune, individually and jointly, from civil liability
25for an act or omission done or made in performance of the
26members' duties while serving as members of the committee.

27(f) The commission shall have the following powers to carry
28out the purposes of this act:

29(1) To employ individuals.

30(2) To issue orders.

1(3) To promulgate regulations, if the commission promulgates
2regulations which limit reporting to a specific type of
3incident, including contact with a line, damage to a line or
4line coating, personal injury, third-party damage and failure to
5comply with this act, the commission may consider resources
6available for enforcement and other factors.

7(4) For one year following the effective date of this
8section, to promulgate temporary regulations. Regulations under
9this paragraph shall:

10(i) Expire no later than two years following the effective
11date of this section.

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

13(A) Sections 201, 202 and 203 of the act of July 31, 1968
14(P.L.769, No.240), referred to as the Commonwealth Documents
15Law.

16(B) The act of June 25, 1982 (P.L.633, No.181), known as the
17Regulatory Review Act.

18Section 7.9. (a) The Underground Utility Line Protection
19Fund is established as a revolving fund to be used by the
20commission for administering the enforcement program authorized 
21under this act.

22(b) The fund shall be comprised of:

23(1) Funds generated by use of the committee process under
24section 7.8(c).

25(2) Funds received by the commission as a result of
26enforcing this act.

27(3) Any Federal or Commonwealth grants received by the
28commission for the purpose of this act.

29(4) An annual assessment, if required under subparagraph
30(ii)(A), paid by the One Call System for each fiscal year of the

1commission as follows:

2(i) On the effective date of this section, during the
3initial fiscal year or portion of the initial fiscal year the 
4following shall apply:

5(A) An initial assessment of five hundred fifty thousand
6dollars ($550,000) shall be paid, which shall be prorated if the
7effective date of this section occurs after the first day of the
8initial fiscal year.

9(B) Within ten days after the effective date of this
10section, the commission shall, by registered or certified mail,
11give notice to the One Call System of the amount assessed under
12this subclause, which shall be paid by the One Call System
13within ten days of receipt of the notice.

14(ii) During each subsequent fiscal year:

15(A) The annual assessment shall be calculated by subtracting
16the amount of uncommitted money, as defined by generally
17accepted accounting principles, present at the conclusion of the
18commission's prior fiscal year within the fund, from the current
19year's projected program costs for commission enforcement of
20this act.

21(B) The annual amount assessed to the One Call System may
22not exceed five hundred fifty thousand dollars ($550,000).

23(C) Within thirty days of the start of each fiscal year, the
24commission shall, by registered or certified mail, give notice
25to the One Call System of the amount assessed under this
26subclause. The One Call System shall pay:

27(I) Fifty percent of the assessment to the commission within
28thirty days of receipt of the notice.

29(II) The balance of the assessment within one hundred eighty
30days of receipt of the notice.

1(c) Except as provided under subsection (d), administrative
2penalties, grant money and assessments paid by the One Call
3System shall be deposited into the fund. Interest earned on the
4fund shall be credited to the fund. Any money remaining in the
5fund at the end of the fiscal year shall not lapse and shall
6remain in the fund.

7(d) Administrative penalties collected through the issuance
8of an adjudication by the commission under this act shall be
9deposited in the General Fund.

10(e) The following shall apply:

11(1) Except as provided under clause (2), program costs for
12commission enforcement of this act shall be a line item in the
13commission's proposed budget and shall be subject to the review
14and approval of the Governor and the General Assembly as
15described under 66 Pa.C.S. § 510(a) (relating to assessment for
16regulatory expenses upon public utilities).

17(2) Program costs for commission enforcement of this act may
18not be included within the amount assessed to public utilities
19under 66 Pa.C.S. § 510. Program costs for commission enforcement
20of this act shall be paid from the fund.

21Section 7.10. (a) The commission may issue a warning and
22order requiring compliance with this act and may levy an
23administrative penalty for a violation of this act. A warning,
24order or penalty shall be served on the person or entity
25violating this act at the person's last known address. A party
26aggrieved by the imposition of an order or administrative
27penalty imposed by the commission may appeal the order or
28penalty as provided under 2 Pa.C.S. Chs. 5 Subch. A (relating to
29practice and procedure of Commonwealth agencies) and 7 Subch. A
30(relating to judicial review of Commonwealth agency action).

1(b) The following shall apply:

2(1) A person or entity violating this act may be subject to:

3(i) an administrative penalty of not more than two thousand
4five hundred dollars ($2,500) per violation; or

5(ii) if the violation results in injury, death or property
6damage of twenty-five thousand dollars ($25,000) or more, an
7administrative penalty of not more than fifty thousand dollars
8($50,000).

9(2) The commission and committee shall consider the
10following factors in determining the administrative penalty to
11be assessed:

12(i) The history of the party's compliance with the act prior
13to the date of the violation.

14(ii) The amount of injury or property damage caused by the
15party's noncompliance.

16(iii) The degree of threat to the public safety and
17inconvenience caused by the party's noncompliance.

18(iv) The party's proposed modification to internal practices
19and procedures to insure future compliance with statutes and
20regulations.

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

22(vi) Other factors as may be appropriate considering the
23facts and circumstances of the incident.

24(c) An administrative penalty recovered under this section
25shall be payable to the commission and collected in the manner
26provided for by law.

27(d) This act shall not affect a civil remedy for personal
28injury or property damage, except as provided for under this
29act.

30(e) The commission may issue a subpoena, on application of

1an attorney responsible for representing the Commonwealth in
2actions before the commission, for the purpose of investigating
3an alleged violation of this act. The commission shall have the
4power to subpoena witnesses and compel the production of books,
5records, papers and documents.

6(f) Nothing under this act shall be construed or interpreted
7to do any of the following:

8(1) Affect the ability of a district attorney or the
9Attorney General to investigate or file a claim for the same
10conduct.

11(2) Deprive a governmental agency, including a law
12enforcement agency, the Auditor General and a district attorney,
13of any jurisdictional power or duty.

14(g) A facility owner may petition a court of competent
15jurisdiction to enjoin excavation or demolition work conducted
16in violation of this act. Local law enforcement or emergency
17management personnel may, in the interest of public safety,
18order an excavator on a work site to stop further excavation if
19the excavation is being conducted in violation of this act.

20Section 6. Section 8 of the act, added November 29, 2006
21(P.L.1593, No.181), is amended to read:

22Section 8. The One Call System shall have the authority to
23design, establish and administer a voluntary payment dispute
24resolution process which may be used by excavators, facility
25owners, designers, project owners and other involved persons.
26The process shall provide for dispute resolution panels selected
27from among a list of representatives of stakeholder groups,
28including facility owners, excavators, designers and regulators.
29The process established under this section may not be used to
30settle or resolve alleged violations of this act nor may involve

1any issues related to the [department's] commission's
2enforcement activities.

3Section 7. Section 39 of the act, amended November 29, 2006 
4(P.L.1593, No.181), is amended to read:

5Section 39. This act shall expire on December 31, [2016]
62021.

7Section 8. This act shall take effect as follows:

8(1) The following provisions shall take effect
9immediately:

10(i) The addition of Section 7.9 of the act.

11(ii) This section.

12(2) The remainder of this act shall take effect in 180
13days.