Page:United States Statutes at Large Volume 120.djvu/3519

 120 STAT. 3488

Deadline.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

PUBLIC LAW 109–468—DEC. 29, 2006

pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the State authority under subsection (e) if the State authority— ‘‘(1) has in effect an annual certification under section 60105 or an agreement under section 60106; and ‘‘(2)(A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or ‘‘(B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b). ‘‘(b) DAMAGE PREVENTION PROGRAM ELEMENTS.—An effective damage prevention program includes the following elements: ‘‘(1) Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate. ‘‘(2) A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program. ‘‘(3) A process for reviewing the adequacy of a pipeline operator’s internal performance measures regarding persons performing locating services and quality assurance programs. ‘‘(4) Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the onecall center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators. ‘‘(5) A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities. ‘‘(6) A process for resolving disputes that defines the State authority’s role as a partner and facilitator to resolve issues. ‘‘(7) Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority. ‘‘(8) A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs. ‘‘(9) A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews. ‘‘(c) FACTORS TO CONSIDER.—In making grants under this section, the Secretary shall take into consideration the commitment of each State to ensuring the effectiveness of its damage prevention program, including legislative and regulatory actions taken by the State. ‘‘(d) APPLICATION.—If a State authority files an application for a grant under this section not later than September 30 of a calendar year and demonstrates that the Governor (or chief executive) of the State has designated it as the appropriate State

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