Pennsylvania One Call System Proposed Legislation Would Change Enforcement Oversight

June 30, 2014

Legislation has been passed by the Pennsylvania House of Representatives that would, among other things, transfer enforcement authority for violations of the Underground Utility Line Protection Law (Act 287 of 1974), commonly known as the PA One Call law, from the Pennsylvania Department of Labor & Industry (L&I) to the Pennsylvania Public Utility Commission (PUC).

Importantly, if enacted into law, there would be a new administrative process for the determination of violations and the assessment of penalties.  

• Alleged violations that involve injury or death may be prosecuted under the PUC’s formal complaint process.[1]  This is a legal proceeding, and companies are required (by the PUC’s regulations) to be represented by an attorney.  Formal complaints are assigned to a PUC administrative law judge (ALJ), who will hold hearings to gather evidence and then render a decision.  The five PUC commissioners may then rule on the ALJ’s decision at a public meeting.  If a violation results in injury or death, an administrative penalty of not more than $50,000 may be levied.[2] 
• Reports of alleged violations that do not involve injuries or death could be initially subject to an informal process.[3]  As proposed, such reports would be reviewed by PUC Staff.[4]  Recommendations from the Staff would be reviewed by a Damage Prevention Committee.  The Committee could take no action, issue a warning letter or issue an Informal Determination that imposes an administrative penalty and requires a person to attend a damage prevention educational program.[5]  An administrative penalty of not more than $2,500 may be levied.[6]  But, if the violation resulted in property damage of $25,000 or more, an administrative penalty of not more than $50,000 may be levied.[7]  If an Informal Determination is rejected, the matter shall be returned to the PUC’s prosecutory staff for further action (such as the issuance of a formal complaint), if appropriate.[8] 

The proposed legislation can be found in House Bill 1607 (Printer Number 3861).[9]  A similar bill was introduced in the Pennsylvania Senate (Senate Bill 1084[10]), but that bill has not left its assigned Senate committee.  This proposal follows a 2010 Special Performance Audit by Pennsylvania’s Auditor General[11] which concluded, in part, that L&I failed to investigate reported incidents in a timely manner and failed to consistently enforce administrative penalties on violators of the law. 

The proposed legislation must still be considered by the Senate.  Once passed in final form by both the House and the Senate, the legislation will be sent to the Governor for his consideration.  The Governor, after referring the bill to the Attorney General to certify its legality and constitutionality, can either sign, veto, or take no action on the legislation.

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