49 U.S.C. § 60114 — One-call notification systems

(a) Minimum Requirements. The Secretary of Transportation must issue regulations setting minimum rules for a one-call notification system that a state can adopt — a system that warns pipeline operators about nearby activity that could threaten their facilities. The regulations must include: (1) a rule that the system cover every part of the state with underground pipelines; (2) a rule that anyone — including a government employee or contractor — planning an activity that could physically damage an underground facility must contact the system first to check for underground facilities in that area; (3) a rule that every underground pipeline operator take part in the appropriate one-call system; (4) qualifications for who can run a system — a facility operator, a private contractor, or a state or local authority; (5) procedures for advertising and announcing that a system exists; (6) a rule on what information a caller must give the system; (7) a rule on how the system operator and the facility operator must respond once contacted; (8) a rule that each state decide whether its system is toll-free; and (9) sanctions similar to those in sections 60120 and 60122.

(b) Marking Facilities. Once notified — either by a damage-prevention program or by someone planning demolition, excavation, tunneling, or construction nearby — a pipeline operator must accurately and promptly mark the location of its pipeline facilities in that area.

(c) Relationship to Other Laws. This section, and any regulations under it, don't change existing federal or state liability rules for damage caused by the digging or construction activity described in (a)(2).

(d) Prohibition Applicable to Excavators. Someone doing demolition, excavation, tunneling, or construction: (1) can't do that work in a state with a one-call system without first using it to find underground facilities in the work area; (2) can't ignore the location information or markings a pipeline operator put down under (b); and (3) if their work damages a pipeline facility in a way that could endanger life, cause serious injury, or damage property, must (A) promptly report the damage to the pipeline's owner or operator, and (B) if the damage lets flammable, toxic, or corrosive gas or liquid escape, promptly report that to other proper authorities by calling 911.

(e) Prohibition Applicable to Underground Pipeline Facility Owners and Operators. A pipeline owner or operator who fails to respond to a location request meant to prevent damage — or who fails to take reasonable steps to accurately mark the pipeline's location after such a request — can face a civil lawsuit under section 60120 or a civil penalty under section 60122.

(f) Limitation. The Secretary cannot run an enforcement action under (d) inside a state that already has the power to impose the penalties described in section 60134(b)(7) against people who break that state's own damage-prevention laws — unless the Secretary first determines the state's enforcement is inadequate for safety, and only after the Secretary sets out, through rulemaking, how "inadequate" state enforcement gets determined.

(g) Technology Development Grants. The Secretary can give grants — not to for-profit entities — to develop technology that helps prevent pipeline damage from demolition, excavation, tunneling, or construction, with a focus on wireless and GPS technology useful for notification systems and locating and marking underground facilities. This grant money can't be used for lobbying or to directly support litigation. The Secretary can also support this kind of technology development through cooperative agreements with trade groups, universities, and other organizations.