Bill Text: OH HB659 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: Regarding the enforcement of the law governing the protection of underground utility facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-11-10 - To Public Utilities [HB659 Detail]
Download: Ohio-2013-HB659-Introduced.html
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Representative Sprague
| To amend section 3781.25 and to enact sections | 1 |
| 3781.34, 3781.341, 3781.342, 3781.36, 4905.041, | 2 |
| 4913.01, 4913.03, 4913.05, 4913.07, 4913.09, | 3 |
| 4913.13, 4913.15, 4913.151, 4913.152, 4913.16, | 4 |
| 4913.17, 4913.171, 4913.19, 4913.21, 4913.22, | 5 |
| 4913.23, 4913.25, 4913.27, 4913.29, 4913.31, | 6 |
| 4913.43, 4913.45, 4913.47, 4913.50, and 4913.52 of | 7 |
| the Revised Code regarding the enforcement of the | 8 |
| law governing the protection of underground | 9 |
| utility facilities. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3781.25 be amended and sections | 11 |
| 3781.34, 3781.341, 3781.342, 3781.36, 4905.041, 4913.01, 4913.03, | 12 |
| 4913.05, 4913.07, 4913.09, 4913.13, 4913.15, 4913.151, 4913.152, | 13 |
| 4913.16, 4913.17, 4913.171, 4913.19, 4913.21, 4913.22, 4913.23, | 14 |
| 4913.25, 4913.27, 4913.29, 4913.31, 4913.43, 4913.45, 4913.47, | 15 |
| 4913.50, and 4913.52 of the Revised Code be enacted to read as | 16 |
| follows: | 17 |
| Sec. 3781.25. As used in sections 3781.25 to | 18 |
| of the Revised Code: | 19 |
| (A) "Protection service" means a notification center, but not | 20 |
| an owner of an individual utility, that exists for the purpose of | 21 |
| receiving notice from persons that prepare plans and | 22 |
| specifications for or that engage in excavation work, that | 23 |
| distributes this information to its members and participants, and | 24 |
| that has registered by March 14, 1989, with the secretary of state | 25 |
| and the public utilities commission of Ohio under former division | 26 |
| (F) of section 153.64 of the Revised Code as it existed on that | 27 |
| date. | 28 |
| (B) "Underground utility facility" includes any item buried | 29 |
| or placed below ground or submerged under water for use in | 30 |
| connection with the storage or conveyance of water or sewage; | 31 |
| electronic, telephonic, or telegraphic communications; television | 32 |
| signals; electricity; crude oil; petroleum products; artificial or | 33 |
| liquefied petroleum; manufactured, mixed, or natural gas; | 34 |
| synthetic or liquefied natural gas; propane gas; coal; steam; hot | 35 |
| water; or other substances. "Underground utility facility" | 36 |
| includes all operational underground pipes, sewers, tubing, | 37 |
| conduits, cables, valves, lines, wires, worker access holes, and | 38 |
| attachments, owned by any person, firm, or company. "Underground | 39 |
| utility facility" does not include a private septic system in a | 40 |
| one-family or multi-family dwelling utilized only for that | 41 |
| dwelling and not connected to any other system. | 42 |
| (C) "Utility" means any owner or operator, or an agent of an | 43 |
| owner or operator, of an underground utility facility, including | 44 |
| any public authority, that owns or operates an underground utility | 45 |
| facility. "Utility" does not include the owners of the following | 46 |
| types of real property with respect to any underground utility | 47 |
| facility located on that property: | 48 |
| (1) The owner of a single-family or two-, three-, or | 49 |
| four-unit residential dwelling; | 50 |
| (2) The owner of an apartment complex; | 51 |
| (3) The owner of a commercial or industrial building or | 52 |
| complex of buildings, including but not limited to, factories and | 53 |
| shopping centers; | 54 |
| (4) The owner of a farm; | 55 |
| (5) The owner of an exempt domestic well as defined in | 56 |
| section 1509.01 of the Revised Code. | 57 |
| (D) "Approximate location" means the immediate area within | 58 |
| the perimeter of a proposed excavation site where the underground | 59 |
| utility facilities are located. | 60 |
| (E) "Tolerance zone" means the site of the underground | 61 |
| utility facility including the width of the underground utility | 62 |
| facility plus eighteen inches on each side of the facility. | 63 |
| (F) "Working days" excludes Saturdays, Sundays, and legal | 64 |
| holidays as defined in section 1.14 of the Revised Code and | 65 |
| "hours" excludes hours on Saturdays, Sundays, and legal holidays. | 66 |
| (G) "Designer" means an engineer, architect, landscape | 67 |
| architect, contractor, surveyor, or other person who develops | 68 |
| plans or designs for real property improvement or any other | 69 |
| activity that will involve excavation. | 70 |
| (H) "Developer" means the person for whom the excavation is | 71 |
| made and who will own or be the lessee of any improvement that is | 72 |
| the object of the excavation. | 73 |
| (I) "Excavation" means the use of hand tools, powered | 74 |
| equipment, or explosives to move earth, rock, or other materials | 75 |
| in order to penetrate or bore or drill into the earth, or to | 76 |
| demolish any structure whether or not it is intended that the | 77 |
| demolition will disturb the earth. "Excavation" includes such | 78 |
| agricultural operations as the installation of drain tile, but | 79 |
| excludes agricultural operations such as tilling that do not | 80 |
| penetrate the earth to a depth of more than twelve inches. | 81 |
| "Excavation" excludes any activity by a governmental entity which | 82 |
| does not penetrate the earth to a depth of more than twelve | 83 |
| inches. "Excavation" excludes coal mining and reclamation | 84 |
| operations regulated under Chapter 1513. of the Revised Code and | 85 |
| rules adopted under it. | 86 |
| (J) "Excavation site" means the area within which excavation | 87 |
| will be performed. | 88 |
| (K) "Excavator" means the person or persons responsible for | 89 |
| making the actual excavation. | 90 |
| (L) "Interstate gas pipeline" means an interstate gas | 91 |
| pipeline subject to the "Natural Gas Pipeline Safety Act of 1968," | 92 |
| 82 Stat. 720, 49 U.S.C. 1671, as amended. | 93 |
| (M) "Interstate hazardous liquids pipeline" means an | 94 |
| interstate hazardous liquids pipeline subject to the "Hazardous | 95 |
| Liquid Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C. | 96 |
| 2002, as amended. | 97 |
| (N) "Special notification requirements" means requirements | 98 |
| for notice to an owner of an interstate hazardous liquids pipeline | 99 |
| or an interstate gas pipeline that must be made prior to | 100 |
| commencing excavation and pursuant to the owner's public safety | 101 |
| program adopted under federal law. | 102 |
| (O) "Commercial excavator" means any excavator, excluding a | 103 |
| utility as defined in this section, that satisfies both of the | 104 |
| following: | 105 |
| (1) For compensation, performs, directs, supervises, or is | 106 |
| responsible for the excavation, construction, improvement, | 107 |
| renovation, repair, or maintenance on a construction project and | 108 |
| holds out or represents oneself as qualified or permitted to act | 109 |
| as such; | 110 |
| (2) Employs tradespersons who actually perform excavation, | 111 |
| construction, improvement, renovation, repair, or maintenance on a | 112 |
| construction project. | 113 |
| (P) "Person" has the same meaning as in section 1.59 of the | 114 |
| Revised Code and also includes a public authority. | 115 |
| (Q) "Positive response system" means an automated system | 116 |
| facilitated by a protection service allowing a utility to | 117 |
| communicate to an excavator the presence or absence of any | 118 |
| conflict between the existing underground utility facilities and | 119 |
| the proposed excavation site. | 120 |
| (R) "One-call notification system" means the software or | 121 |
| communications system used by a protection system to notify its | 122 |
| membership of proposed excavation sites. | 123 |
| (S) "Project" means any undertaking by a private party of an | 124 |
| improvement requiring excavation. | 125 |
| (T) "Public authority" has the same meaning as in section | 126 |
| 153.64 of the Revised Code. | 127 |
| (U) "Improvement" means any construction, reconstruction, | 128 |
| improvement, enlargement, alteration, or repair of a building, | 129 |
| highway, drainage system, water system, road, street, alley, | 130 |
| sewer, ditch, sewage disposal plant, water works, and all other | 131 |
| structures or works of any nature. | 132 |
| (V) "Emergency" means an unexpected occurrence causing a | 133 |
| disruption or damage to an underground utility facility that | 134 |
| requires immediate repair or a situation that creates a clear and | 135 |
| imminent danger that demands immediate action to prevent or | 136 |
| mitigate loss of or damage to life, health, property, or essential | 137 |
| public services. | 138 |
| (W) "Nondestructive manner" means using low-impact, low-risk | 139 |
| technologies such as hand tools, or hydro or air vacuum excavation | 140 |
| equipment. | 141 |
| (X) "Cable service provider" has the same meaning as in | 142 |
| section 1332.01 of the Revised Code. | 143 |
| (Y) "Electric cooperative" and "electric utility" have the | 144 |
| same meanings as in section 4928.01 of the Revised Code. | 145 |
| Sec. 3781.34. (A) There is hereby created the underground | 146 |
| technical committee. | 147 |
| (B) The committee shall consist of four members from the | 148 |
| stakeholder group of the commercial excavator industry and one | 149 |
| member from each of the following stakeholder groups, with all | 150 |
| seventeen members to be appointed by the governor with the consent | 151 |
| of the senate: | 152 |
| (1) The natural gas transmission pipeline industry; | 153 |
| (2) The natural gas distribution industry; | 154 |
| (3) Electric utilities; | 155 |
| (4) Electric cooperatives; | 156 |
| (5) Oil and gas producers; | 157 |
| (6) The telephone industry; | 158 |
| (7) Cable service providers; | 159 |
| (8) Locators of underground utility facilities; | 160 |
| (9) Municipal corporations; | 161 |
| (10) The department of transportation; | 162 |
| (11) The general public; | 163 |
| (12) The hazardous liquids pipeline industry; | 164 |
| (13) Designers, developers, or surveyors. | 165 |
| (C) The governor shall appoint an alternate member for each | 166 |
| member listed under division (B) of this section. | 167 |
| (D) The terms of office for members initially appointed under | 168 |
| division (B) of this section shall be staggered at two, three, and | 169 |
| four years and determined by lot, except that the stakeholder | 170 |
| group of the commercial excavator industry shall have only one | 171 |
| member with an initial two-year term. The term of office for each | 172 |
| member subsequently appointed shall be four years. | 173 |
| (E) Each member and each alternate member may be reappointed | 174 |
| for an unlimited number of times. | 175 |
| (F) If a vacancy occurs during a member's term of office, the | 176 |
| alternate member appointed for that member shall assume the | 177 |
| vacated office and serve the rest of the term. If a vacancy occurs | 178 |
| during the term of office of an alternate member, the governor | 179 |
| shall appoint a new alternate member in the same manner as an | 180 |
| original appointment. | 181 |
| Sec. 3781.341. (A) A member of the underground technical | 182 |
| committee who has a conflict of interest in a particular review | 183 |
| under section 4913.15 of the Revised Code shall declare the | 184 |
| conflict to the committee and recuse self from committee | 185 |
| discussions and voting regarding that review. | 186 |
| (B) An alternate member shall serve temporarily in the place | 187 |
| of the member for whom the alternate member was appointed if the | 188 |
| nonalternate member is a party to a review being conducted by the | 189 |
| committee under section 4913.15 of the Revised Code or if the | 190 |
| member has recused self under this section. | 191 |
| Sec. 3781.342. The underground technical committee may | 192 |
| conduct meetings in person, by telephone, or by video conference. | 193 |
| Sec. 3781.36. (A) The underground technical committee shall | 194 |
| do the following: | 195 |
| (1) Coordinate with the public utilities commission in | 196 |
| carrying out its duties under Chapter 4913. of the Revised Code; | 197 |
| (2) Provide subject matter expertise when requested during | 198 |
| inquiries conducted under section 4913.09 of the Revised Code; | 199 |
| (3) Review reports in accordance with section 4913.15 of the | 200 |
| Revised Code; | 201 |
| (4) Make recommendations under section 4913.15 of the Revised | 202 |
| Code; | 203 |
| (5) Coordinate with the commission in establishing rules | 204 |
| under divisions (A)(1) and (2) of section 4913.45 of the Revised | 205 |
| Code; | 206 |
| (6) Perform any additional duties as may be required under | 207 |
| this chapter. | 208 |
| (B) The committee shall meet as necessary to carry out its | 209 |
| duties and meet the time-period requirements of division (B) of | 210 |
| section 4913.15 of the Revised Code, but not less than once every | 211 |
| three months. A majority of committee members constitutes a | 212 |
| quorum. | 213 |
| Sec. 4905.041. (A) The public utilities commission has | 214 |
| exclusive jurisdiction to enforce, in accordance with Chapter | 215 |
| 4913. of the Revised Code, sections 153.64, 3781.27, and 3781.28 | 216 |
| to 3781.32 of the Revised Code and divisions (A) and (B) of | 217 |
| section 3781.26 of the Revised Code. | 218 |
| (B) The commission's enforcement authority described in | 219 |
| division (A) of this section is limited to actions specifically | 220 |
| authorized by Chapter 4913. of the Revised Code upon the filing of | 221 |
| a complaint under section 4913.05 of the Revised Code. | 222 |
| (C) Nothing in this section or Chapter 4913. of the Revised | 223 |
| Code gives the commission or the underground technical committee, | 224 |
| created under section 3781.34 of the Revised Code, the authority | 225 |
| to determine the civil liability of any person for any compliance | 226 |
| failure as that term is defined in section 4913.01 of the Revised | 227 |
| Code. | 228 |
| Sec. 4913.01. As used in this chapter: | 229 |
| "Compliance failure" means a failure to comply with any | 230 |
| provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of | 231 |
| the Revised Code and divisions (A) and (B) of section 3781.26 of | 232 |
| the Revised Code. | 233 |
| "Designer," "developer," "excavation," "excavator," "one-call | 234 |
| notification system," "person," "protection service," "underground | 235 |
| utility facility", and "utility" have the same meanings as in | 236 |
| section 3781.25 of the Revised Code. | 237 |
| Sec. 4913.03. Each utility, excavator, developer, and | 238 |
| designer who participates in the one-call notification system | 239 |
| shall register with the public utilities commission and pay a | 240 |
| safety registration not to exceed fifty dollars annually, which | 241 |
| the commission may lower if the commission determines lowering the | 242 |
| registration to be necessary. The amounts shall be used to fund | 243 |
| the operation of the underground technical committee, created | 244 |
| under section 3781.34 of the Revised Code, and the commission in | 245 |
| the performance of duties under this chapter. The commission shall | 246 |
| administer and oversee the registration process. Failure to | 247 |
| register shall result in a fine of not more than two thousand five | 248 |
| hundred dollars. | 249 |
| Sec. 4913.05. (A) Any person who has been aggrieved as a | 250 |
| result of a compliance failure may file a complaint with the | 251 |
| public utilities commission to seek punitive action against the | 252 |
| person responsible for the alleged compliance failure. | 253 |
| (B) A complaint filed under this section shall state, at a | 254 |
| minimum and with particularity, the name of the person responsible | 255 |
| for the alleged compliance failure, the date of the compliance | 256 |
| failure, the nature of the compliance failure, the location of the | 257 |
| compliance failure, and any other information that the complainant | 258 |
| considers relevant. | 259 |
| (C) The commission shall, not later than five business days | 260 |
| after receiving a complaint under this section, notify the person | 261 |
| responsible for the alleged compliance failure that the complaint | 262 |
| was filed. | 263 |
| Sec. 4913.07. If a complaint is filed under section 4913.05 | 264 |
| of the Revised Code, the person responsible for the alleged | 265 |
| compliance failure may, not later than thirty days after receiving | 266 |
| notice under that section, respond to the complaint, providing any | 267 |
| information that the person considers relevant to the complaint. | 268 |
| The response may include an admission of the compliance failure. | 269 |
| Sec. 4913.09. (A) The public utilities commission shall | 270 |
| conduct an inquiry upon receiving a complaint made under section | 271 |
| 4913.05 of the Revised Code. The inquiry shall be limited to | 272 |
| whether there was a compliance failure. | 273 |
| (B) During an inquiry conducted under this section, the | 274 |
| commission shall examine relevant facts regarding the alleged | 275 |
| compliance failure and may request records verification, informal | 276 |
| meetings, teleconferences, photo documentation, and any other | 277 |
| documentation or information relevant to the inquiry. | 278 |
| Sec. 4913.13. The public utilities commission shall make a | 279 |
| report of each inquiry conducted under section 4913.09 of the | 280 |
| Revised Code to the underground technical committee, created under | 281 |
| section 3781.34 of the Revised Code. The report shall contain any | 282 |
| admission made under section 4913.07 of the Revised Code by the | 283 |
| person who is the subject of the inquiry. This report shall not | 284 |
| contain a recommendation as to the imposition of a fine or | 285 |
| penalty. | 286 |
| Sec. 4913.15. (A) The underground technical committee shall | 287 |
| review every report submitted by the public utilities commission | 288 |
| under sections 4913.13 and 4913.16 of the Revised Code. | 289 |
| (B) Not later than ninety days after the committee receives | 290 |
| the commission's report under section 4913.13 of the Revised Code, | 291 |
| the committee shall do either of the following: | 292 |
| (1) Make a recommendation to the commission as to the | 293 |
| imposition of a fine, a penalty, or a combination of fines and | 294 |
| penalties, in accordance with section 4913.151 of the Revised | 295 |
| Code; | 296 |
| (2) Dismiss the case and notify the commission of the | 297 |
| dismissal. | 298 |
| (C) There shall be a majority vote of the full committee, | 299 |
| with at least one of the commercial-excavator stakeholders voting | 300 |
| with the majority, for the committee to do either of the | 301 |
| following: | 302 |
| (1) Recommend a fine, penalty, or a combination of fines and | 303 |
| penalties under this section or section 4913.16 of the Revised | 304 |
| Code; | 305 |
| (2) Dismiss a case under this section or section 4913.16 of | 306 |
| the Revised Code. | 307 |
| If the committee fails to achieve the required majority for | 308 |
| any action described in divisions (C)(1) and (2) of this section, | 309 |
| it shall notify the commission. | 310 |
| Sec. 4913.151. (A) In determining a fine or penalty | 311 |
| recommendation as required under section 4913.15 or 4913.16 of the | 312 |
| Revised Code, the underground technical committee shall consider | 313 |
| the following, as applicable: | 314 |
| (1) The person's demonstrated history of one-call, design, | 315 |
| and excavation practices, including the following: | 316 |
| (a) The number of locate requests received and responded to; | 317 |
| (b) The number of locates completed; | 318 |
| (c) The number of one calls placed; | 319 |
| (d) The number of excavations completed; | 320 |
| (e) The number of design or development projects. | 321 |
| (2) The nature, circumstances, and gravity of the compliance | 322 |
| failure, including the amount of damage involved in relation to | 323 |
| the compliance failure, and whether it resulted in death, serious | 324 |
| injury, dismemberment, or a significant threat to public safety; | 325 |
| (3) The organizational size of the responsible person; | 326 |
| (4) The prospective effect of a fine on the person's ability | 327 |
| to pay business obligations and otherwise conduct business; | 328 |
| (5) The history or number of compliance failures by the | 329 |
| person; | 330 |
| (6) The good faith effort on the person's part in attempting | 331 |
| to achieve compliance after the compliance failure was identified. | 332 |
| (B)(1) If the compliance failure is the first for the person | 333 |
| responsible, the committee may recommend a penalty of a training | 334 |
| requirement, an education requirement, or another penalty, or may | 335 |
| recommend a fine not exceeding two thousand five hundred dollars, | 336 |
| or may recommend a combination of this fine and these penalties. | 337 |
| (2) If the compliance failure is a subsequent compliance | 338 |
| failure for the person responsible, the committee may recommend a | 339 |
| penalty of a training requirement, an education requirement, or | 340 |
| another penalty, or may recommend a fine not exceeding five | 341 |
| thousand dollars, or may recommend a combination of this fine and | 342 |
| these penalties. | 343 |
| Any penalty recommended under this division shall be | 344 |
| appropriately related to enforcement of the provisions enumerated | 345 |
| in division (A) of section 4905.041 of the Revised Code. | 346 |
| Sec. 4913.152. The underground technical committee may | 347 |
| communicate with responsible persons as part of the committee's | 348 |
| review under section 4913.15 of the Revised Code and to assist the | 349 |
| committee in making recommendations under that section and section | 350 |
| 4913.16 of the Revised Code. | 351 |
| Sec. 4913.16. (A) If the underground technical committee | 352 |
| fails to make a recommendation during the ninety-day time period | 353 |
| required under division (B) of section 4913.15 of the Revised | 354 |
| Code, and the committee has not dismissed the case, the public | 355 |
| utilities commission shall make a recommendation as to a fine or | 356 |
| penalty. The commission shall amend the initial report made under | 357 |
| section 4913.13 of the Revised Code to add the recommendation, and | 358 |
| shall submit the amended report to the committee. | 359 |
| (B) Not later than thirty days after the committee receives | 360 |
| the amended report, the committee shall do either of the | 361 |
| following: | 362 |
| (1) Make a recommendation to the commission as to the | 363 |
| imposition of a fine, penalty, or a combination of fines and | 364 |
| penalties in accordance with division (C) of section 4913.15 and | 365 |
| section 4913.151 of the Revised Code; | 366 |
| (2) Dismiss the case and notify the commission of the | 367 |
| dismissal. | 368 |
| (C) If the committee fails to make a recommendation during | 369 |
| the thirty-day time period required under division (B) of this | 370 |
| section, and the committee has not dismissed the case under that | 371 |
| division, the commission shall, at its sole discretion, impose a | 372 |
| fine or penalty consistent with section 4913.151 of the Revised | 373 |
| Code. | 374 |
| Sec. 4913.17. (A) Based upon the number and type of | 375 |
| compliance failures committed by a person, the underground | 376 |
| technical committee may find, as part of the committee's review | 377 |
| under section 4913.15 of the Revised Code, that the person is a | 378 |
| persistent noncomplier. | 379 |
| (B) The committee shall report a finding made under division | 380 |
| (A) of this section to the public utilities commission. | 381 |
| (C) There shall be a majority vote of the full committee, | 382 |
| with at least one of the commercial-excavator stakeholders voting | 383 |
| with the majority, for the committee to make a finding under | 384 |
| division (A) of this section. | 385 |
| Sec. 4913.171. If the underground technical committee reports | 386 |
| that a person responsible for a compliance failure has been found | 387 |
| to be a persistent noncomplier under section 4913.17 of the | 388 |
| Revised Code, the public utilities commission may, at its sole | 389 |
| discretion, impose a fine on the person not exceeding ten thousand | 390 |
| dollars. A penalty recommended by the committee under section | 391 |
| 4913.15 or 4913.16 of the Revised Code may also be imposed by the | 392 |
| commission. | 393 |
| Sec. 4913.19. (A) The underground technical committee may | 394 |
| request a hearing with the public utilities commission if the | 395 |
| committee believes that any person responsible for a compliance | 396 |
| failure should be subject to a fine or penalty exceeding those | 397 |
| described in section 4913.151 of the Revised Code. As a result of | 398 |
| the hearing, the commission shall impose a fine or penalty at the | 399 |
| commission's discretion. | 400 |
| (B) There shall be a majority vote of the full committee, | 401 |
| with at least one of the commercial-excavator stakeholders voting | 402 |
| with the majority, for the committee to request a hearing under | 403 |
| division (A) of this section. | 404 |
| Sec. 4913.21. Except as provided in sections 4913.171 and | 405 |
| 4913.19 of the Revised Code, the public utilities commission shall | 406 |
| impose every recommendation made under section 4913.15 or 4913.16 | 407 |
| of the Revised Code by the underground technical committee. | 408 |
| Sec. 4913.22. A person subject to a fine imposed under | 409 |
| section 4913.171, 4913.19, or 4913.21 of the Revised Code or | 410 |
| division (C) of section 4913.16 of the Revised Code shall pay the | 411 |
| fine not later than sixty days after the fine or penalty is | 412 |
| imposed. A person subject to a penalty imposed under any of those | 413 |
| sections or that division shall begin compliance with the penalty | 414 |
| not later than thirty days after the penalty is imposed. | 415 |
| Sec. 4913.23. The public utilities commission shall notify | 416 |
| the complainant and the person responsible for the compliance | 417 |
| failure of any fine or penalty imposed under section 4913.171, | 418 |
| 4913.19, or 4913.21 of the Revised Code or division (C) of section | 419 |
| 4913.16 of the Revised Code, or of a dismissal under section | 420 |
| 4913.15 or 4913.16 of the Revised Code. The notice shall include | 421 |
| all of the following, as applicable: | 422 |
| (A) The date of the compliance failure; | 423 |
| (B) The citation to the statute that was not complied with; | 424 |
| (C) A brief description of the compliance failure; | 425 |
| (D) The fine or penalty to be imposed, if any; | 426 |
| (E) Instructions on how to remit payment of a fine or to | 427 |
| comply with a penalty; | 428 |
| (F) Instructions on how the person may file for | 429 |
| reconsideration under section 4913.25 of the Revised Code and how | 430 |
| to make a timely filing; | 431 |
| (G) A statement that failure to file for reconsideration | 432 |
| under section 4913.25 of the Revised Code will make any findings | 433 |
| final and enforceable. | 434 |
| Sec. 4913.25. (A) If either the complainant or the person | 435 |
| responsible for the compliance failure disagrees with a finding | 436 |
| made by the underground technical committee under section 4913.15 | 437 |
| or 4913.16 of the Revised Code, either person may, not later than | 438 |
| thirty days after receiving notice under section 4913.23 of the | 439 |
| Revised Code, file a written application with the public utilities | 440 |
| commission for reconsideration of the committee's finding. The | 441 |
| application for reconsideration must state with particularity the | 442 |
| grounds for reconsideration. | 443 |
| (B) Upon the filing of an application for reconsideration | 444 |
| under this section, the commission shall review the finding of the | 445 |
| committee. | 446 |
| (C) At the commission's sole discretion, the commission may | 447 |
| hold a hearing on the application for reconsideration. | 448 |
| (D) The commission shall affirm, reject, or modify the | 449 |
| finding of the committee and shall, at its sole discretion, impose | 450 |
| any fine or penalty authorized under this chapter. The person | 451 |
| responsible for the compliance failure shall pay any fine not | 452 |
| later than sixty days after the fine is assessed and shall begin | 453 |
| compliance with any penalty not later than thirty days after the | 454 |
| penalty is imposed. | 455 |
| Sec. 4913.27. (A) All hearings brought under this chapter | 456 |
| shall be conducted in a manner consistent with Chapter 4903. of | 457 |
| the Revised Code. | 458 |
| (B) The public utilities commission shall deposit all fines | 459 |
| collected under this chapter into the underground facilities | 460 |
| protection fund created under section 4913.29 of the Revised Code. | 461 |
| Sec. 4913.29. There is hereby created in the state treasury | 462 |
| the underground facilities protection fund. The fund shall consist | 463 |
| of all fines collected under this chapter. The fund shall retain | 464 |
| the interest earned. The amounts in the fund shall be used solely | 465 |
| to fund grants under section 4913.31 of the Revised Code. | 466 |
| Sec. 4913.31. (A) The public utilities commission may | 467 |
| administer an underground utility damage prevention grant program | 468 |
| to provide grants for any of the following purposes: | 469 |
| (1) Public awareness programs established by a protection | 470 |
| service; | 471 |
| (2) Training and education programs for excavators, | 472 |
| operators, designers, persons who locate underground utility | 473 |
| facilities, or other persons; | 474 |
| (3) Programs providing incentives for excavators, operators, | 475 |
| persons who locate underground utility facilities, or other | 476 |
| persons to reduce the number and severity of compliance failures. | 477 |
| (B) The commission shall determine the appropriate amount of | 478 |
| any grant issued under this section. | 479 |
| Sec. 4913.43. The public utilities commission shall submit to | 480 |
| the general assembly an annual report of the previous year's | 481 |
| activities under this chapter. Each report shall be submitted on | 482 |
| or before April 1. Each report shall be made publicly available on | 483 |
| the commission's web site. | 484 |
| Sec. 4913.45. (A) The public utilities commission shall, in | 485 |
| coordination with the underground technical committee, adopt rules | 486 |
| regarding all of the following: | 487 |
| (1) Guidelines for consistent application of fines and | 488 |
| penalties under this chapter; | 489 |
| (2) Tracking compliance of persons on whom fines or penalties | 490 |
| have been imposed under this chapter; | 491 |
| (3) The required contents of the underground utility damage | 492 |
| prevention grant program established under section 4913.31 of the | 493 |
| Revised Code; | 494 |
| (4) The gathering, review, and acceptance of applications for | 495 |
| a grant under section 4913.31 of the Revised Code; | 496 |
| (5) The dispensation and tracking of money from the | 497 |
| underground utility damage prevention fund; | 498 |
| (6) The committee's duties, including rules that establish | 499 |
| the committee's operation, meeting schedule, and voting | 500 |
| procedures; | 501 |
| (7) The contents of the annual report required under section | 502 |
| 4913.43 of the Revised Code. | 503 |
| (B) The commission may adopt rules establishing the | 504 |
| following: | 505 |
| (1) Procedures for conducting inquiries under section 4913.09 | 506 |
| of the Revised Code; | 507 |
| (2) Any other duties for the underground technical committee | 508 |
| pursuant to section 3781.36 of the Revised Code. | 509 |
| Sec. 4913.47. Notwithstanding any provision of the Revised | 510 |
| Code to the contrary, if a person is subject to more than one fine | 511 |
| for the same compliance failure, and one fine is imposed under | 512 |
| this chapter and one or more other fines are imposed under federal | 513 |
| law, rules, or regulations, the person shall not be required to | 514 |
| pay the fine imposed under this chapter. | 515 |
| Sec. 4913.50. Any proceeding held under this chapter or any | 516 |
| fine or penalty imposed under this chapter shall neither prevent | 517 |
| nor preempt the right of any party to obtain civil damages for | 518 |
| personal injury or property damage in a private cause of action. | 519 |
| No finding, determination, or recommendation of the underground | 520 |
| technical committee and no decision of the public utilities | 521 |
| commission shall be determinative of civil liability. | 522 |
| Sec. 4913.52. A person with a permit for excavation from the | 523 |
| state or a local governmental unit is subject to this chapter. | 524 |
| This chapter does not affect or impair local ordinances, charters, | 525 |
| or other provisions of law requiring permits to be obtained before | 526 |
| excavating. | 527 |
| Section 2. That existing section 3781.25 of the Revised Code | 528 |
| is hereby repealed. | 529 |
