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49 U.S. Code § 6103 - Minimum standards for State one-call notification programs

(a) Minimum Standards.—
(1) In general.—In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—
(A)
appropriate participation by all underground facility operators, including all government operators;
(B)
appropriate participation by all excavators, including all government and contract excavators; and
(C)
flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
(2) Exemptions prohibited.—
In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
(b) Appropriate Participation.—In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with—
(1)
damage to types of underground facilities; and
(2)
activities of types of excavators.
(c) Implementation.—A State one-call notification program also shall, at a minimum, provide for and document—
(1)
consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;
(2)
a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and
(3)
voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment.
(d) Penalties.—To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for—
(1)
administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;
(2)
increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;
(3)
reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;
(4)
equitable relief; and
(5)
citation of violations.
Editorial Notes
Amendments

2012—Subsec. (a). Pub. L. 112–90, § 3(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for—

“(1) appropriate participation by all underground facility operators, including all government operators;

“(2) appropriate participation by all excavators, including all government and contract excavators; and

“(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.”

2002—Subsec. (a)(1). Pub. L. 107–355, § 2(a)(1)(A), inserted “, including all government operators” before semicolon at end.

Subsec. (a)(2). Pub. L. 107–355, § 2(a)(1)(B), inserted “, including all government and contract excavators” before semicolon.

Subsec. (c). Pub. L. 107–355, § 2(a)(2), substituted “provide for and document” for “provide for” in introductory provisions.

Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment

Pub. L. 112–90, § 3(c), Jan. 3, 2012, 125 Stat. 1906, provided that:

“The amendments made by this section [amending this section and section 60134 of this title] shall take effect 2 years after the date of enactment of this Act [Jan. 3, 2012].”