49 U.S.C. § 6104 — Compliance with minimum standards

Page 395 TITLE 49—TRANSPORTATION § 6104 (A) appropriate participation by all under- ground facility operators, including all gov- ernment operators; (B) appropriate participation by all exca- vators, including all government and con- tract excavators; and (C) flexible and effective enforcement under State law with respect to participa- tion in, and use of, one-call notification sys- tems. (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 con- tractors from the one-call notification system requirements of the program. (b) APPROPRIATE PARTICIPATION.—In deter- mining 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, ex- cavators, and vital public services associated with— (1) damage to types of underground facili- ties; and (2) activities of types of excavators. (c) IMPLEMENTATION.—A State one-call notifi- cation program also shall, at a minimum, pro- vide 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 require- ments of the State one-call notification pro- gram; 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 environ- ment. (d) PENALTIES.—To the extent the State deter- mines appropriate and necessary to achieve the purposes of this chapter, a State one-call notifi- cation program shall, at a minimum, provide for— (1) administrative or civil penalties com- mensurate 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 re- peatedly damage underground facilities be- cause they fail to use one-call notification sys- tems or for parties that repeatedly fail to pro- vide timely and accurate marking after the re- quired call has been made to a one-call notifi- cation system; (3) reduced or waived penalties for a viola- tion of a requirement of a State one-call noti- fication program that results in, or could re- sult in, damage that is promptly reported by the violator; (4) equitable relief; and (5) citation of violations. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, § 2(a), Dec. 17, 2002, 116 Stat. 2985; Pub. L. 112–90, § 3(a), Jan. 3, 2012, 125 Stat. 1906.) Editorial Notes AMENDMENTS 2012—Subsec. (a). Pub. L. 112–90, § 3(a), amended sub- sec. (a) generally. Prior to amendment, text read as fol- lows: ‘‘In order to qualify for a grant under section 6106, a State one-call notification program shall, at a min- imum, provide for— ‘‘(1) appropriate participation by all underground facility operators, including all government opera- tors; ‘‘(2) appropriate participation by all excavators, in- cluding 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), in- serted ‘‘, 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 ‘‘pro- vide for and document’’ for ‘‘provide for’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–90, § 3(c), Jan. 3, 2012, 125 Stat. 1906, pro- vided 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].’’ § 6104. Compliance with minimum standards (a) REQUIREMENT.—In order to qualify for a grant under section 6106, each State shall sub- mit to the Secretary a grant application under subsection (b). The State shall submit the appli- cation not later than 2 years after the date of enactment of this chapter. (b) APPLICATION.— (1) Upon application by a State, the Sec- retary shall review that State’s one-call noti- fication program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program. (2) Based on the review under paragraph (1), the Secretary shall determine whether the State’s one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106. (3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one- call notification program, a specific modifica- tion thereof, or a proposed State program would result in a positive determination under paragraph (2). (4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient informa- tion about a State’s one-call notification pro- gram for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from re- quired participation, the types of enforcement available, and such other information as the Secretary deems necessary. (5) The application of a State under para- graph (1) and the record of actions of the Sec- Page 396 TITLE 49—TRANSPORTATION § 6105 retary under this section shall be available to the public. (c) ALTERNATIVE PROGRAM.—A State is eligible to receive a grant under section 6106 if the State maintains an alternative one-call notification program that provides protection for public safety, excavators, and the environment that is equivalent to, or greater than, protection pro- vided under a program that meets the minimum standards set forth in section 6103. (d) REPORT.—The Secretary shall include the following information in reports submitted under section 60124 of this title— (1) a description of the extent to which each State has adopted and implemented the min- imum Federal standards under section 6103 or maintains an alternative program under sub- section (c); (2) an analysis by the Secretary of the over- all effectiveness of each State’s one-call noti- fication program and the one-call notification systems operating under such program in achieving the purposes of this chapter; (3) the impact of each State’s decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and (4) areas where improvements are needed in one-call notification systems in operation in each State. The report shall also include any recommenda- tions the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be re- quired. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, § 2(b), Dec. 17, 2002, 116 Stat. 2985.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998. AMENDMENTS 2002—Subsec. (d). Pub. L. 107–355 substituted ‘‘The Secretary shall’’ for ‘‘Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to’’ in introductory provisions. § 6105. Implementation of best practices guide- lines (a) ADOPTION OF BEST PRACTICES.—The Sec- retary of Transportation shall encourage States, operators of one-call notification programs, ex- cavators (including all government and contract excavators), and underground facility operators to adopt and implement practices identified in the best practices report entitled ‘‘Common Ground’’, as periodically updated. (b) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to and partici- pate in programs sponsored by a non-profit orga- nization specifically established for the purpose of reducing construction-related damage to un- derground facilities. (c) GRANTS.— (1) IN GENERAL.—The Secretary may make grants to a non-profit organization described in subsection (b). (2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 6107, there is authorized to be appropriated for making grants under this subsection $500,000 for each of fiscal years 2003 through 2006. Such sums shall remain available until expended. (3) GENERAL REVENUE FUNDING.—Any sums appropriated under this subsection shall be de- rived from general revenues and may not be derived from amounts collected under section 60301. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 480; amended Pub. L. 107–355, § 2(c)(1), Dec. 17, 2002, 116 Stat. 2985.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–355 amended section generally. Prior to amendment, section related to study of existing one- call systems, purpose and considerations of study, re- port by Secretary within one year of June 9, 1998, and discretion of Secretary as to whether to carry out study. § 6106. Grants to States (a) IN GENERAL.—The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in im- proving— (1) the overall quality and effectiveness of one-call notification systems in the State; (2) communications systems linking one-call notification systems; (3) location capabilities, including training personnel and developing and using location technology; (4) record retention and recording capabili- ties for one-call notification systems; (5) public information and education; (6) participation in one-call notification sys- tems; or (7) compliance and enforcement under the State one-call notification program. (b) STATE ACTION TAKEN INTO ACCOUNT.—In making grants under this section, the Secretary shall take into consideration the commitment of each State to improving its State one-call no- tification program, including legislative and regulatory actions taken by the State after the date of enactment of this chapter. (c) FUNDING FOR ONE-CALL NOTIFICATION SYS- TEMS.—A State may provide funds received under this section directly to any one-call noti- fication system in such State that substantially adopts the best practices identified under sec- tion 6105. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 482.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998. § 6107. Funding Of the amounts made available under section 60125(a)(1), the Secretary shall expend $1,058,000