Page:United States Statutes at Large Volume 102 Part 3.djvu/863

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-561—OCT. 31, 1988 "SEC. 20. MINIMUM



102 STAT. 2815


49 USC app. 1687.

"(a) STATE ADOPTION OF SYSTEM.—In making allocations under section 5 of this Act, and under section 205 of the Hazardous Liquid Pipeline Safety Act of 1979, the Secretary shall consider whether a State has adopted or is seeking adoption of a one-call notification system under subsection (b). If the Secretary determines that any State has not adopted, and is not seeking adoption of, such a system, such State may not receive the full reimbursement under such sections to which it would otherwise be entitled. "(b) ONE-CALL NOTIFICATION SYSTEMS.—Not later than 18 months Regulations. after the date of the enactment of this section, the Secretary shall issue regulations establishing minimum Federal requirements for establishment and operation of one-call notification systems for adoption by States as described in subsection (a) relating to notification of operators of pipeline facilities of activities in the vicinity of a pipeline facility which could threaten the safety of such facility. Such regulations shall include, but not be limited to, the following: "(1) A requirement that the system or systems apply to all areas of the State containing underground pipeline facilities. "(2) A requirement that any person intending to engage in any activity, as determined by the Secretary, which could cause physical damage to an underground pipeline facility must contact the appropriate one-call notification system to determine if there are underground pipeline facilities present in the area of the intended activity. "(3) A requirement that all operators of underground pipeline facilities participate in an appropriate one-call notification system. "(4) Qualifications for operation of such a system whether by operators of pipeline facilities, private contractors, or State or local agencies. "(5) Procedures for advertisement and notice of the availability of such a system. "(6) Requirements for the information to be provided by persons contacting the system under paragraph (2). "(7) Requirements for the response of the operator of such notification system and of the operator of the pipeline facility after contact by a person under this subsection. "(8) A requirement that each State determine whether the notification system will be toll free or not. "(9) Requirements for sanctions substantially the same as are provided under sections 11 and 12 of this Act. "(c) GRANTS TO STATES.—The Secretary may make grants to States for development and establishment of one-call notification systems which are consistent with all of the requirements established under subsection (b). "(d) LIMITATION.—Nothing in this section or any regulation issued under this section shall alter any liability established under Federal or State law for damages caused by activities described in subsection (b)(2). "(e) PIPELINE FACILITY DEFINED.—As used in this section, the term 'pipeline facility' includes, in addition to pipeline facilities as defined by this Act, any pipeline facility which is described in section 202(4) of the Hazardous Liquid Pipeline Safety Act of 1979.