The bill amends various sections of the Code of West Virginia related to Underground Facilities Damage Prevention, specifically focusing on the definitions, responsibilities, and enforcement mechanisms associated with the one-call system. Key definitions are clarified, including "emergency," which now emphasizes the need for immediate correction to ensure the continuity of service and safety for the public and operator personnel. The bill establishes the Underground Facilities Damage Prevention Board, which is tasked with enforcing compliance, investigating damages, and assessing penalties. Notably, the board will not be funded by state budget appropriations, as it will retain civil penalties collected for its exclusive use.
Additionally, the bill outlines the duties of operators of underground facilities, mandating their membership in a one-call system and specifying their responsibilities in responding to excavation notifications. It introduces a structured penalty system for violations, including mandatory training for first-time offenders and escalating fines for repeat violations. The bill also allows for civil remedies and establishes procedures for hearings and appeals related to enforcement actions. Overall, the amendments aim to enhance the safety and accountability of underground facility operations in West Virginia.
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