AGC WORKS CAPITOL HILL TO PROTECT CONTRACTOR INTERESTS

AGC has been working with the U.S. House of Representatives and the Bush administration to craft language for reauthorization of the Pipeline Safety Act.  The administration offered enforcement language which singled out excavators as the sole target of penalties (including criminal penalties). AGC opposed this language and was successful in getting new language introduced in the House which is fair and balanced across all parties to the excavation process. 

The AGC-preferred language was adopted recently at a mark up session of the House Transportation & Infrastructure Committee.  This new language changes the description from the “excavation process” to the “damage prevention process” and removes are criminal penalties and the broad term “fails to take reasonable steps to ensure safe excavation”.  The version also adds owner/operator responsibilities to the enforcement provision and allows the federal government enforcement authority only if the state doesn’t have an “acceptable” program.  This language includes grants designed to encourage the states to adopt an acceptable program which includes enforcement provisions, civil penalties and public education initiatives.  As states adopt such new one-call laws, federal authority would end. 

Last week, AGC offered comments to a subcommittee of the House Energy and Commerce Committee encouraging them to promote equitable enforcement of one-call provisions, provide funding for the Common Ground Alliance, funding for a new nationwide awareness program for upcoming 811 three-digit dialing for one-call as well a grants to improve locating technology and to develop new technologies to make underground facilities more locatable in their draft legislation.  Committee consideration of that bill is expected in  September.

AGC will work with the states to ensure that any new state legislation contains fair, balanced enforcement provisions which hold all parties to the excavation process accountable for their responsibilities. 

For more information contact Stu Megaw at 703/837-5321 or megaws@agc.org. [ return to top ]