§6103 — Title 49 Transportation | U.S. Code

Summary

To get federal grant money, a State one-call program must at least make sure all owners of underground facilities and all people who dig (including government crews and contractors) take part and use the one-call system. The State cannot exclude cities, State agencies, or their contractors from these rules. The program must also have clear and workable enforcement under State law. The State must study and rank how much risk different kinds of underground facilities and digging work pose to public safety, the environment, workers, and essential services, and use that ranking when enforcing the rules. The program must record that it used the ranking, show the benefits justify the costs, and allow voluntary participation if the risk is very small. The State also must provide penalties that fit the offense, higher penalties for repeat offenders, smaller or waived penalties if a violator quickly reports damage, and the ability to give fair relief and issue citations.

Title 49, §6103

Transportation — Source: USLM XML via OLRC

(a)(1)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)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)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)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)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.

Notes & Related Subsidiaries

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].”

§6103 Minimum standards for State one-call notification programs

Summary

Title 49, §6103

Notes & Related Subsidiaries

Editorial Notes

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata