PUBLIC LAW 109–468—DEC. 29, 2006
120 STAT. 3487
‘‘(d) PROHIBITION APPLICABLE TO EXCAVATORS.—A person who engages in demolition, excavation, tunneling, or construction— ‘‘(1) may not engage in a demolition, excavation, tunneling, or construction activity in a State that has adopted a onecall notification system without first using that system to establish the location of underground facilities in the demolition, excavation, tunneling, or construction area; ‘‘(2) may not engage in such demolition, excavation, tunneling, or construction activity in disregard of location information or markings established by a pipeline facility operator pursuant to subsection (b); and ‘‘(3) and who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property— ‘‘(A) may not fail to promptly report the damage to the owner or operator of the facility; and ‘‘(B) if the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, may not fail to promptly report to other appropriate authorities by calling the 911 emergency telephone number. ‘‘(e) PROHIBITION APPLICABLE TO UNDERGROUND PIPELINE FACILITY OWNERS AND OPERATORS.—Any owner or operator of a pipeline facility who fails to respond to a location request in order to prevent damage to the pipeline facility or who fails to take reasonable steps, in response to such a request, to ensure accurate marking of the location of the pipeline facility in order to prevent damage to the pipeline facility shall be subject to a civil action under section 60120 or assessment of a civil penalty under section 60122. ‘‘(f) LIMITATION.—The Secretary may not conduct an enforcement proceeding under subsection (d) for a violation within the boundaries of a State that has the authority to impose penalties described in section 60134(b)(7) against persons who violate that State’s damage prevention laws, unless the Secretary has determined that the State’s enforcement is inadequate to protect safety, consistent with this chapter, and until the Secretary issues, through a rulemaking proceeding, the procedures for determining inadequate State enforcement of penalties.’’. (2) CIVIL PENALTY.—Section 60122(a)(1) is amended by striking ‘‘60114(b)’’ and inserting ‘‘60114(b), 60114(d),’’. (b) STATE DAMAGE PREVENTION PROGRAMS.— (1) CONTENTS OF CERTIFICATIONS.—Section 60105(b)(4) is amended to read as follows: ‘‘(4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as are provided under this chapter, and addresses the elements in section 60134(b);’’. (2) IN GENERAL.—Chapter 601 is amended by adding at the end the following: ‘‘§ 60134. State damage prevention programs ‘‘(a) IN GENERAL.—The Secretary may make a grant to a State authority (including a municipality with respect to intrastate gas
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