49 USC § 6103 - Minimum standards for State one-call notification programs

# § 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.

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**Source Credit**: (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). , 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). , inserted “, including all government operators” before semicolon at end.

Subsec. (a)(2). , inserted “, including all government and contract excavators” before semicolon.

Subsec. (c). , substituted “provide for and document” for “provide for” in introductory provisions.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

> “The amendments made by this section [amending this section and
> 
> ] shall take effect 2 years after the date of enactment of this Act [
> 
> ].”

, , , provided that: