Please wait while the document is loaded.

A05868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1237
Session of
2024
INTRODUCED BY BAKER, BARTOLOTTA, SANTARSIERO, COSTA, SCHWANK,
J. WARD, MILLER AND CULVER, JUNE 6, 2024
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 30, 2024
AN ACT
Amending the act of December 10, 1974 (P.L.852, No.287),
entitled "An act to protect the public health and safety by
preventing excavation or demolition work from damaging
underground lines used in providing electricity,
communication, gas, propane, oil delivery, oil product
delivery, sewage, water or other service; imposing duties
upon the providers of such service and persons and other
entities preparing drawings or performing excavation or
demolition work; and prescribing penalties," further
providing for definitions, for duties of facility owners, for
duties of designers, for duties of excavators, for duties of
project owners, for damage prevention committee, for
compliance orders and for administrative penalties ; and
repealing provisions relating to expiration of act.;
providing for action for recovery of penalty or forfeiture;
and further providing for expiration of act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "alleged violation,"
"emergency," "excavation work," "horizontal directional
drilling," "injury," "locate request" and "subsurface utility
engineering" or "SUE" in section 1 of the act of December 10,
1974 (P.L.852, No.287), referred to as the Underground Utility
Line Protection Law, are amended and the section is amended by
adding definitions to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 1. The following words and phrases when used in this
act shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
* * *
"Alleged violation" means an instance when a person by action
or inaction [fails] is alleged to have failed to fulfill the
obligations of this act.
* * *
"Damage prevention investigator" means an employee of the
commission tasked with reviewing and investigating an alleged
violation reported to the commission under sections 2(10), 4(8),
5(16) and 6.1(7) and offering recommendations to the committee
to address the alleged violation in the form of a warning
letter, administrative penalty or participation in an
educational program established by the commission.
* * *
"Drawing" means a type of technical plan that shows
information about existing and proposed underground facilities,
grading, landscaping or other site details for the purpose of
providing a clear picture of construction to the excavator. The
term does not include sketches made for the purpose of obtaining
excavation related to permits.
"Emergency" means a sudden or unforeseen occurrence involving
a clear and immediate danger to life, property [and] or the
environment, including, but not limited to, serious breaks or
defects in a facility owner's lines.
"Excavation work" means the use of powered equipment or
explosives in the movement of earth, rock or other material, and
includes, but is not limited to, anchoring, augering,
backfilling, blasting, boring, digging, ditching, dredging,
A05868 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
drilling, driving-in, grading, plowing-in, pulling-in, ripping,
scraping, trenching and tunneling. The term does not include
soft excavation technology such as vacuum, high pressure air or
water, tilling of soil for agricultural purposes to a depth of
less than eighteen inches, performing minor routine maintenance
up to a depth of less than eighteen inches measured from the top
of the edge of the cartway or the top of the outer edge of an
improved shoulder, in addition to the performance of incidental
de minimis excavation associated with the routine maintenance
and the removal of sediment buildup, within the right-of-way of
public roads or work up to a depth of twenty-four inches beneath
the existing surface within the right-of-way of a State highway,
work performed by persons whose activities must comply with the
requirements of and regulations promulgated under the act of May
31, 1945 (P.L.1198, No.418), known as the Surface Mining
Conservation and Reclamation Act, the act of April 27, 1966 (1st
Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence
and Land Conservation Act, or the act of September 24, 1968
(P.L.1040, No.318), known as the Coal Refuse Disposal Control
Act, that relate to the protection of utility facilities or the
direct operations on a well pad following construction of the
well pad and that are necessary or operations incidental to the
extraction of oil or natural gas.
* * *
["Horizontal directional drilling" means the use of
horizontal boring devices that can be guided between a launch
point and a reception point beneath the earth's surface.]
"Injury" means a bodily harm to a person, who, as a result of
the bodily harm, immediately receives medical attention at a
health care facility away from the scene of the incident.
A05868 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
"Locate request" means a communication or notification
between an excavator or designer and the One Call System in
which a request for locating facilities is processed. Locate
requests submitted by an excavator performing work within the
right-of-way of any State highway, either under contract to the
Department of Transportation or under authority of a permit
issued by the Department of Transportation, shall include the
number of the Department of Transportation contract or permit.
* * *
"Sketch" means a physical depiction of a work site generally
for permitting purposes and not solely or specifically
applicable to design requirements.
* * *
"Subsurface utility engineering" or "SUE" means those
techniques set forth in the American Society of Civil Engineers
(ASCE) most recently published standard CI/ASCE [38-02] 38, or
its successor document as determined by the One Call System.
* * *
"Trenchless technology" means a family of construction
techniques for installing or rehabilitating underground
infrastructure with minimal disruption to surface traffic,
businesses and residents.
* * *
"Violation" means an instance when it has been determined by
the commission that a person by action or inaction has failed to
fulfill the obligations of this act.
* * *
Section 2. Section 2(1)(ii) and (iv), (5)(i), (10) and (13)
of the act are amended, clause (5) is amended by adding
A05868 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subparagraphs and the section is amended by adding a clause to
read:
Section 2. It shall be the duty of each facility owner:
(1) To be a member of and give written notice to the One
Call System. Such notice shall be in a form acceptable to the
One Call System and include:
* * *
(ii) as follows:
(A) The names of the counties and municipalities, down to
and including wards in Philadelphia, Pittsburgh, Allentown and
Erie, in which its lines are located and other related
information as may be required by the One Call System regarding
the location of a member's facilities.
[(B) The One Call System may not require its members to
locate lines or facilities installed before the effective date
of this clause unless the member has existing maps of the lines
or facilities and the member's existing maps meet the
specifications of the One Call System's Member Mapping
Solutions. Nothing under this clause shall prohibit the One Call
System members from voluntarily submitting to the One Call
System maps of lines or facilities installed before the
effective date of this clause.]
(C) A facility owner may not be required to locate lines or
facilities installed before the effective date of this clause
APRIL 30, 2018, unless the facility owner has existing maps of
the lines or facilities and the facility owner's existing maps
meet the specifications of the One Call System's Member Mapping
Solutions. Nothing under this clause shall prohibit a facility
owner as a member of the One Call System from voluntarily
submitting to the One Call System maps of lines or facilities
A05868 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
installed before the effective date of this clause APRIL 30,
2018 .
* * *
(iv) the street identifications or like information within
each of the municipalities in which its lines are located. This
information shall be in a form acceptable to the One Call
System. Upon acceptance of the information from a facility
owner, the One Call System shall provide the facility owner with
notification within the boundaries described. All facility
owners shall agree to indemnify and hold harmless the One Call
System for any errors and omissions on the part of the facility
owner or the excavator or designer providing the information as
the agent of the facility owner or member mapping information as
required by the One Call System; and
* * *
(5) After receipt of a timely request from an excavator or
operator who identifies the work site of excavation or
demolition work he intends to perform and not later than the
business day prior to the lawful start date of excavation:
(i) To mark, stake, locate or otherwise provide the position
of the facility owner's underground lines at the work site
within eighteen inches horizontally from the outside wall of
such line in a manner so as to enable the excavator, where
appropriate, to employ prudent techniques, which may include
hand-dug test holes, to determine the precise position of the
underground facility owner's lines. This shall be done to the
extent such information is available in the facility owner's
records or by use of standard locating techniques other than
excavation. Standard locating techniques shall include, at the
utility owner's discretion, the option to choose available
A05868 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
technologies suitable to each type of line or facility being
located at the work site, topography or soil conditions or to
assist the facility owner in locating its lines or facilities,
based on accepted engineering and operational practices.
[Facility owners shall make reasonable efforts during the
excavation phase to locate or notify excavators of the existence
and type of abandoned lines.] Facility owners shall make
reasonable efforts during the excavation phase to locate or
notify excavators of the existence of any known lines and
abandoned lines.
* * *
(i.2) To document communications between a facility owner
and the excavator to ensure that the excavator is aware of a
facility owner's inability to locate its facilities.
* * *
(v.2) To timely enter a final response to all locate
requests.
* * *
(10) To submit a report of alleged violation to the
commission through the One Call System not more than thirty
business days after receipt of notice that the facility owner's
lines have been damaged by excavation or demolition work or if
the facility owner believes a violation of this act has been
committed in association with excavation or demolition work. The
report of alleged violation shall be in a form and manner as
required by the commission. [No report may be required where the
cost to repair the damage to the facility owner's lines is less
than two thousand five hundred dollars ($2,500), unless the same
person damaged the facility owner's lines two or more times
within a six-month period.]
A05868 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(13) To maintain existing records of main lines abandoned on
or after the effective date of this paragraph and to mark,
locate [or] and identify the main lines if [possible], based
upon the existing records. The records shall include written or
electronic documents or drawings in the possession of the
facility owner that show the location of an existing line or
facility.
(14) To comply with all requests for information by the
commission relating to the commission's enforcement authority
under this act within thirty days of receipt of the request.
Section 3. Sections 4(5), 5(2.1), (8), (11.2), (15), (16)
and (20) and 6.1(1), (2) and (7) of the act are amended and the
sections are amended by adding clauses to read:
Section 4. It shall be the duty of each designer preparing a
drawing which requires excavation or demolition work within this
Commonwealth:
* * *
(2.2) To submit a design notification through the One Call
System when a design drawing is completed.
(2.3) To timely respond to notifications received from
excavators in accordance with section 5(15).
(2.4) To inform the project owner of the project owner's
duties under sections 5(15) and 6.1(1).
(2.5) To comply with all requests for information by the
commission relating to the commission's enforcement authority
under this act within thirty days of written receipt of the
request.
* * *
(4.1) To depict lines or facilities with the appropriate
A05868 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
quality levels based on the complexity of the design and
construction activities obtained through the SUE process in the
planning and design phases in accordance with the American
Society of Civil Engineers (ASCE) most recently published
standard CI/ASCE 38.
(4.2) In the event that as-builts are required during the
construction phase, to prepare the as-builts in accordance with
the most recently published standard of CI/ASCE 75.
(5) A designer shall be deemed to have met the obligations
of clause (2) if he [calls] notifies the One Call System and
shows, as proof, the serial number of one call notice on
drawings. The designer shall also show the toll-free number of
the One Call System on the drawing near his serial number.
* * *
Section 5. It shall be the duty of each excavator who
intends to perform excavation or demolition work within this
Commonwealth:
(2.1) To [request] submit a locate request to identify the
location and type of facility owner lines at each work site by
notifying the facility owner through the One Call System.
Notification shall be not less than three nor more than ten
business days in advance of beginning excavation or demolition
work. No work shall begin earlier than the lawful start date
which shall be on or after the third business day after
notification. The lawful start date shall exclude the date upon
which notification was received by the One Call System and
notification received on a Saturday, Sunday or holiday, which
shall be processed on the following business day. In the case of
a complex project, notification shall not be less than ten
business days in advance of the beginning of excavation or
A05868 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
demolition work.
* * *
(8) To immediately notify 911 and the facility owner if the
damage results in the escape of any flammable, toxic or
corrosive gas or liquid [which endangers life, health or
property]. The excavator shall take reasonable measures, based
on its knowledge, training, resources, experience and
understanding of the situation, to protect themselves and those
in immediate danger, the general public, the property and the
environment until the facility owner or emergency responders
have arrived and completed their assessment and shall remain on
the work site to convey any pertinent information to responders
that may help them to safely mitigate the situation.
* * *
(11.2) [If using horizontal directional drilling (HDD), at]
If using trenchless technology, at a minimum, to utilize the
best practices published by the [HDD Consortium] Common Ground
Alliance.
* * *
(15) When the information required from the facility owner
under section 2(5)(i) cannot be provided or, due to the nature
of the information received from the facility owner, it is
reasonably necessary for the excavator to ascertain the precise
location of any line or abandoned or unclaimed lines by prudent
techniques, which may include hand-dug test holes, vacuum
excavation or other similar devices, the excavator shall
promptly notify the project owner or the project owner's
representative, either orally or in writing. If oral
notification is given, the notice shall be reduced to writing
within a reasonable time by the project owner or excavator.
A05868 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
After giving such notice, the excavator shall be entitled to
compensation from the project owner for this additional work as
provided in the latest edition of the Pennsylvania Department of
Transportation Form 408 specifications for extra work performed
on a force account basis. The provisions of this subsection
shall not be deemed to limit any other rights which the
excavator has under its contract with the project owner or
otherwise. Provisions in any contract, public or private, which
attempt to limit the rights of excavators under this section
shall not be valid for any reason, and any attempted waiver of
this section shall be void and unenforceable as against public
policy and any such attempted waiver shall be reported to the
commission prosecutor staff for appropriate action, including
the imposition of an administrative penalty under section 7.10.
(16) To submit a report of an alleged violation to the
commission through the One Call System not more than [ten
business] thirty days after striking or damaging a facility
owner's line during excavation or demolition or if the excavator
believes a violation of this act has been committed in
association with excavation or demolition work. The report of an
alleged violation shall be in a form and manner as required by
the commission.
* * *
(20) To renotify the One Call System of an unmarked or
incorrectly marked facility, if an original, proper[,
nonemergency] locate request has been made to the One Call
System and, upon initial arrival at the proposed work site, it
is apparent to the excavator that there is an unmarked or
incorrectly marked facility. An excavator may not begin
excavating in the affected area of the work site until after
A05868 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
receiving sufficient information from the facility owner to
safely excavate. If the facility owner fails to provide
sufficient information to the excavator within three hours after
the excavator has notified the One Call System of the unmarked
or incorrectly marked facility, the excavator may proceed with
excavation subject to the limitations under clause (5). This
clause shall apply to an emergency or nonemergency locate
request.
* * *
(22) To not provide a misrepresentation of an emergency
excavation, subject to an administrative penalty imposed under
section 7.10.
(23) To not delegate the excavator's duty to submit a locate
request to the One Call System to another person. The excavator
shall have the sole responsibility to submit each locate request
to the One Call System .
Section 6.1. It shall be the duty of each project owner who
engages in excavation or demolition work to be done within this
Commonwealth:
(1) To utilize [sufficient quality levels of] subsurface
utility engineering or other similar techniques whenever
practicable to properly determine the existence and positions of
underground facilities when designing known complex projects
having an estimated cost of four hundred thousand dollars
($400,000) or more.
(2) To timely respond to notifications received from
excavators pursuant to section 5(15). Provisions in any
contract, public or private, which attempt to limit the rights
of excavators under section 5 shall not be valid for any reason,
and any attempted waiver of section 5 shall be void and
A05868 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
unenforceable as against public policy and any such attempted
waiver shall be reported to the commission prosecutor staff for
appropriate action, including the imposition of an
administrative penalty under section 7.10.
* * *
(7) To submit a report of alleged violation to the
commission through the One Call System not more than [ten
business] thirty days after striking or damaging a facility
owner's line during excavation or demolition work activities,
after a project owner's contracted excavator strikes or damages
a facility owner's line during excavation or demolition
activities or if the project owner believes a violation of this
act has been committed in association with excavation or
demolition. The report of alleged violation shall be in a form
and manner as required by the commission.
(8) To comply with all requests for information by the
commission relating to the commission's enforcement authority
under this act within thirty days of receipt of the written
request.
Section 4. Section 7.8(a)(2) and (5)(i), (b)(1) and (5), (c)
(1)(ii) and (2), (d) and (e)(3) of the act are amended and
subsection (c) is amended by adding a clause to read:
Section 4. Section 7.8(a)(2) and (5)(i), (b)(1) and (5), (c)
(1)(ii) and (2), (d) and (e)(3) of the act are amended,
subsection (c) is amended by adding a clause and the section is
amended by adding a subsection to read:
Section 7.8. (a) A damage prevention committee shall be
established as follows:
* * *
(2) A person appointed to the committee must have expertise
A05868 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
within the operation of this act related to the industry
represented.
* * *
(5) The initial term of committee members shall be as
follows:
(i) Two representatives of facility owners under clause (1)
(iv) shall serve three years, one representative shall serve two
years and two representatives shall serve one year.
* * *
(b) The committee shall meet regularly to carry out the
following purposes:
(1) Review a report of an alleged violation of this act and
damage prevention investigator findings [and recommendations.]
concerning the basis or root cause of the alleged violation
reported and recommendations proposed to address the alleged
violation .
* * *
(5) Issue an informal determination that modifies or
dismisses a recommendation of [committee staff] the damage
prevention investigator.
(c) The following shall apply to alleged violations:
(1) A person determined, in a report issued by a damage
prevention investigator, to have committed an alleged violation
shall do one of the following:
* * *
(ii) Appear before the [commission] committee to present its
position.
(2) A person who is subject to an informal determination of
the committee may accept or reject the result. If [an informal
determination is rejected,] a person who is subject to an
A05868 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
informal determination opts to reject the informal
determination, the person shall reject the informal
determination in writing within thirty days of the date when the
informal determination is made by the committee and the matter
shall be [returned to the damage prevention investigator for
further action, if appropriate, including referring the matter]
referred to the commission prosecutor staff for [the purpose of
issuing a formal complaint.] an action resulting in a formal
complaint before the commission. An action resulting in a formal
complaint before the commission must be brought by commission
prosecutor staff within the time limits specified under 66
Pa.C.S. ยง 3314(a) (relating to limitation of actions and
cumulation of remedies).
(3) When a written rejection of an informal determination
under clause (2) results in a formal complaint before the
commission, the commission shall conduct a de novo review of the
alleged violation. The informal determination of the committee
shall not be binding upon the commission.
(d) Except for alleged violations involving injury or death,
the provisions of subsection (c) [may] shall be applied in
advance or instead of filing a formal complaint against a person
determined, in a report issued by a damage prevention
investigator, to have committed an alleged violation. An
informal determination of the committee shall be binding on the
commission unless the person rejects the informal determination.
(d.1) Notwithstanding any other provision of this act, the
committee shall only have the powers and duties enumerated in
subsections (b) and (c) if the committee completes its review of
an alleged violation and issues an informal determination within
two hundred seventy days of the occurrence of the alleged
A05868 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
violation.
(e) The committee shall have the following additional
duties:
* * *
(3) Submit an annual report containing relevant damage
prevention data to the commission, the Committee on Consumer
Protection and Professional Licensure of the Senate and the
Committee on Consumer [Affairs] Protection, Technology and
Utilities of the House of Representatives. The report shall
include relevant metrics to demonstrate how the damage
prevention committee's actions advance the goal of minimizing
the occurrence of line hits and enhance public safety.
* * *
Section 5. Section 7.10(c) of the act is amended to read:
Section 7.10. * * *
(c) The following shall apply:
(1) An administrative penalty recovered under this section
shall be payable to the commission and collected in the manner
provided for by law.
(2) A person or entity violating this act must pay an
administrative penalty to the commission within sixty days of
issuance of the informal determination, unless the person or
entity subject to the informal determination rejects the
informal determination within thirty days in accordance with
section 7.8(c)(2).
(3) The commission shall assess an additional administrative
penalty of one hundred dollars ($100) per day, not to exceed a
total of five thousand dollars ($5,000), for an administrative
penalty not paid within the period specified under paragraph
(2).
A05868 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) A person or entity subject to an informal determination
of the committee requiring a damage prevention educational
program under section 7.8(b)(4) shall successfully complete the
program within sixty days of issuance of the informal
determination. The commission shall assess an additional
administrative penalty of one hundred dollars ($100) per day,
not to exceed a total of five thousand dollars ($5,000), on a
person or entity that fails to comply with this clause.
* * *
Section 6. Section 39 of the act is repealed:
[Section 39. This act shall expire on December 31, 2024.]
Section 6. The act is amended by adding a section to read:
Section 7.11. Except as otherwise provided in this act, an
action for the recovery of any penalty or forfeiture incurred
under the provisions of this act or a prosecution on account of
any matter or thing mentioned in this act may not be maintained
unless brought within three years from the date at which the
liability arose.
Section 7. Section 39 of the act is amended to read:
Section 39. This act shall expire on December 31, [2024]
2031.
Section 7 8. This act shall take effect in 60 days
IMMEDIATELY.
A05868 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23