The bill amends various sections of the Code of West Virginia related to Underground Facilities Damage Prevention, specifically enhancing the framework for the enforcement and operation of the one-call system. Key definitions are clarified, including the roles of the Underground Facilities Damage Prevention Board and the Public Service Commission. The bill establishes that the board will not be funded by state budget appropriations, and civil penalties collected will be retained for the board's exclusive use. Additionally, the board is granted the authority to investigate damages, assess penalties, and require training for violators, as well as the ability to obtain liens on properties of those who fail to pay penalties.

Furthermore, the bill outlines the responsibilities of operators of underground facilities, mandating their membership in a one-call system and detailing the notification process for excavation work. It introduces a structured civil penalty system for violations, including mandatory training for first-time offenders and escalating fines for repeat violations. The bill also stipulates that if a violator does not comply with penalties or training requirements, a hearing will be conducted, with the option for judicial review by the intermediate court of appeals. Notably, the bill includes provisions for the board to hold hearings in Kanawha County at its discretion, enhancing the enforcement mechanism for compliance with underground facility regulations.

Statutes affected:
Introduced Version: 24C-1-2, 24C-1-2a, 24C-1-3, 24C-1-9
Engrossed Version: 24C-1-2, 24C-1-2a, 24C-1-3, 24C-1-9