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 safety of the public or operator personnel. The bill establishes the Underground Facilities Damage Prevention Board, which is tasked with enforcing compliance and investigating damages caused by excavators. The board is granted the authority to assess penalties, require training, and obtain liens on properties of those who fail to pay penalties.

Additionally, the bill outlines the duties of operators of underground facilities, mandating their membership in a one-call system and detailing 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. Notably, it specifies that civil penalties collected will be retained for the board's exclusive use and not revert to the General Fund.

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