This bill amends various sections of the Code of West Virginia related to Underground Facilities Damage Prevention. Key changes include the definition of "Emergency," which now emphasizes the need to ensure the continuity of service and safety for both the public and operator personnel. The bill also establishes the authority of the Underground Facilities Damage Prevention Board to investigate damages, assess penalties, and require training for violators. Additionally, the board is empowered to obtain liens on properties of those who fail to pay assessed penalties.
Furthermore, the bill outlines the responsibilities of operators of underground facilities, mandating their membership in a one-call system and requiring timely notification to excavators about the location of underground facilities. It introduces a structured civil penalty system for violations, including mandatory training for first and second offenses, and higher penalties for subsequent violations or gross negligence. The bill also allows for hearings and judicial reviews for those contesting penalties, with the option for hearings to be held in Kanawha County at the board's discretion.
Statutes affected: Introduced Version: 24C-1-2, 24C-1-2a, 24C-1-3, 24C-1-9