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 civil penalty system for violations, with escalating penalties for repeated offenses and provisions for required training. The bill also allows for hearings and judicial reviews for those contesting citations, ensuring a clear process for enforcement and compliance. Notably, the bill 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