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Am. Sub. S. B. No. 378 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Peterson, Hite, Eklund, Hughes, Kearney, LaRose, Patton, Sawyer, Schiavoni, Seitz, Uecker
Representatives Stautberg, Burkley, Conditt, Dovilla, Grossman, Hackett, Perales, Sheehy, Strahorn
A BILL
To amend sections 3781.25 and 4905.26 and to enact
sections 3781.34, 3781.341, 3781.342, 3781.343,
3781.36, 3781.38, 4905.041, 4913.01, 4913.03,
4913.05, 4913.07, 4913.09, 4913.13, 4913.15,
4913.151, 4913.152, 4913.16, 4913.17, 4913.171,
4913.19, 4913.20, 4913.21, 4913.22, 4913.23,
4913.25, 4913.251, 4913.252, 4913.26, 4913.27,
4913.29, 4913.30, 4913.31, 4913.43, 4913.45,
4913.47, 4913.50, and 4913.52 of the Revised Code
regarding the enforcement of the law governing the
protection of underground utility facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3781.25 and 4905.26 be amended and
sections 3781.34, 3781.341, 3781.342, 3781.343, 3781.36, 3781.38,
4905.041, 4913.01, 4913.03, 4913.05, 4913.07, 4913.09, 4913.13,
4913.15, 4913.151, 4913.152, 4913.16, 4913.17, 4913.171, 4913.19,
4913.20, 4913.21, 4913.22, 4913.23, 4913.25, 4913.251, 4913.252,
4913.26, 4913.27, 4913.29, 4913.30, 4913.31, 4913.43, 4913.45,
4913.47, 4913.50, and 4913.52 of the Revised Code be enacted to
read as follows:
Sec. 3781.25. As used in sections 3781.25 to 3781.32 3781.38
of the Revised Code:
(A) "Protection service" means a notification center, but not
an owner of an individual utility, that exists for the purpose of
receiving notice from persons that prepare plans and
specifications for or that engage in excavation work, that
distributes this information to its members and participants, and
that has registered by March 14, 1989, with the secretary of state
and the public utilities commission of Ohio under former division
(F) of section 153.64 of the Revised Code as it existed on that
date.
(B) "Underground utility facility" includes any item buried
or placed below ground or submerged under water for use in
connection with the storage or conveyance of water or sewage;
electronic, telephonic, or telegraphic communications; television
signals; electricity; crude oil; petroleum products; artificial or
liquefied petroleum; manufactured, mixed, or natural gas;
synthetic or liquefied natural gas; propane gas; coal; steam; hot
water; or other substances. "Underground utility facility"
includes all operational underground pipes, sewers, tubing,
conduits, cables, valves, lines, wires, worker access holes, and
attachments, owned by any person, firm, or company. "Underground
utility facility" does not include a private septic system in a
one-family or multi-family dwelling utilized only for that
dwelling and not connected to any other system.
(C) "Utility" means any owner or operator, or an agent of an
owner or operator, of an underground utility facility, including
any public authority, that owns or operates an underground utility
facility. "Utility" does not include the owners of the following
types of real property with respect to any underground utility
facility located on that property:
(1) The owner of a single-family or two-, three-, or
four-unit residential dwelling;
(2) The owner of an apartment complex;
(3) The owner of a commercial or industrial building or
complex of buildings, including but not limited to, factories and
shopping centers;
(5) The owner of an exempt domestic well as defined in
section 1509.01 of the Revised Code.
(D) "Approximate location" means the immediate area within
the perimeter of a proposed excavation site where the underground
utility facilities are located.
(E) "Tolerance zone" means the site of the underground
utility facility including the width of the underground utility
facility plus eighteen inches on each side of the facility.
(F) "Working days" excludes Saturdays, Sundays, and legal
holidays as defined in section 1.14 of the Revised Code and
"hours" excludes hours on Saturdays, Sundays, and legal holidays.
(G) "Designer" means an engineer, architect, landscape
architect, contractor, surveyor, or other person who develops
plans or designs for real property improvement or any other
activity that will involve excavation.
(H) "Developer" means the person for whom the excavation is
made and who will own or be the lessee of any improvement that is
the object of the excavation.
(I) "Excavation" means the use of hand tools, powered
equipment, or explosives to move earth, rock, or other materials
in order to penetrate or bore or drill into the earth, or to
demolish any structure whether or not it is intended that the
demolition will disturb the earth. "Excavation" includes such
agricultural operations as the installation of drain tile, but
excludes agricultural operations such as tilling that do not
penetrate the earth to a depth of more than twelve inches.
"Excavation" excludes any activity by a governmental entity which
does not penetrate the earth to a depth of more than twelve
inches. "Excavation" excludes coal mining and reclamation
operations regulated under Chapter 1513. of the Revised Code and
rules adopted under it.
(J) "Excavation site" means the area within which excavation
will be performed.
(K) "Excavator" means the person or persons responsible for
making the actual excavation.
(L) "Interstate gas pipeline" means an interstate gas
pipeline subject to the "Natural Gas Pipeline Safety Act of 1968,"
82 Stat. 720, 49 U.S.C. 1671, as amended.
(M) "Interstate hazardous liquids pipeline" means an
interstate hazardous liquids pipeline subject to the "Hazardous
Liquid Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.
2002, as amended.
(N) "Special notification requirements" means requirements
for notice to an owner of an interstate hazardous liquids pipeline
or an interstate gas pipeline that must be made prior to
commencing excavation and pursuant to the owner's public safety
program adopted under federal law.
(O) "Commercial excavator" means any excavator, excluding a
utility as defined in this section, that satisfies both of the
following:
(1) For compensation, performs, directs, supervises, or is
responsible for the excavation, construction, improvement,
renovation, repair, or maintenance on a construction project and
holds out or represents oneself as qualified or permitted to act
as such;
(2) Employs tradespersons who actually perform excavation,
construction, improvement, renovation, repair, or maintenance on a
construction project.
(P) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes a public authority.
(Q) "Positive response system" means an automated system
facilitated by a protection service allowing a utility to
communicate to an excavator the presence or absence of any
conflict between the existing underground utility facilities and
the proposed excavation site.
(R) "One-call notification system" means the software or
communications system used by a protection system to notify its
membership of proposed excavation sites.
(S) "Project" means any undertaking by a private party of an
improvement requiring excavation.
(T) "Public authority" has the same meaning as in section
153.64 of the Revised Code.
(U) "Improvement" means any construction, reconstruction,
improvement, enlargement, alteration, or repair of a building,
highway, drainage system, water system, road, street, alley,
sewer, ditch, sewage disposal plant, water works, and all other
structures or works of any nature.
(V) "Emergency" means an unexpected occurrence causing a
disruption or damage to an underground utility facility that
requires immediate repair or a situation that creates a clear and
imminent danger that demands immediate action to prevent or
mitigate loss of or damage to life, health, property, or essential
public services.
(W) "Nondestructive manner" means using low-impact, low-risk
technologies such as hand tools, or hydro or air vacuum excavation
equipment.
(X) "Cable service provider" has the same meaning as in
section 1332.01 of the Revised Code.
(Y) "Electric cooperative" and "electric utility" have the
same meanings as in section 4928.01 of the Revised Code.
Sec. 3781.34. (A) There is hereby created the underground
technical committee.
(B) The committee shall consist of four members from the
stakeholder group of the commercial excavator industry, in
accordance with division (C) of this section, and one member from
each of the following stakeholder groups:
(1) The natural gas transmission pipeline industry, appointed
by the president of the senate;
(2) The natural gas distribution industry, appointed by the
speaker of the house of representatives;
(3) Electric utilities, appointed by the governor;
(4) Electric cooperatives, appointed by the speaker of the
house of representatives;
(5) A statewide organization representing independent oil and
gas producers, appointed by the president of the senate;
(6) The telephone industry, appointed by the governor;
(7) Cable service providers, appointed by the president of
the senate;
(8) Locators of underground utility facilities, appointed by
the speaker of the house of representatives;
(9) Municipal corporations, appointed by the governor;
(10) The department of transportation, appointed by the
governor;
(11) The general public, appointed by the governor;
(12) The hazardous liquids pipeline industry, appointed by
the governor;
(13) Designers, developers, or surveyors, appointed by the
governor.
(C) The president of the senate, the speaker of the house of
representatives, the minority leader of the senate, and the
minority leader of the house of representatives shall each appoint
one of the members from the stakeholder group of the commercial
excavator industry.
(D) The terms of office for members initially appointed shall
be staggered at two, three, and four years and determined by lot,
except that the stakeholder group of the commercial excavator
industry shall have only one member with an initial two-year term.
The term of office for each member subsequently appointed shall be
four years.
(E) Each member may be reappointed for an unlimited number of
times.
(F) If a vacancy occurs during a member's term of office, a
new member shall be appointed in the same manner as the original
appointment.
Sec. 3781.341. A member of the underground technical
committee who has a conflict of interest in a particular review
under section 4913.15 of the Revised Code shall declare the
conflict to the committee and recuse self from committee
discussions and voting regarding that review.
Sec. 3781.342. (A) The underground technical committee may
conduct meetings in person, by teleconference, or by video
conference.
(B) The committee shall establish a primary meeting location
that is open and accessible to the public.
(C) Before convening a meeting by teleconference or video
conference, the committee shall send, via electronic mail,
facsimile, or United States postal service, a copy of
meeting-related documents to each committee member.
(D) The minutes of each meeting shall specify who was
attending by teleconference, who was attending by video
conference, and who was physically present. Any vote taken in a
meeting held by teleconference that is not unanimous shall be
recorded as a roll call vote.
Sec. 3781.343. A member of the underground technical
committee is not subject to the disclosure requirements of
sections 102.02 and 102.021 of the Revised Code by virtue of
membership on the committee.
Sec. 3781.36. (A) The underground technical committee shall
do the following:
(1) Coordinate with the public utilities commission in
carrying out its duties under Chapter 4913. of the Revised Code;
(2) Provide subject matter expertise when requested during
inquiries conducted under section 4913.09 of the Revised Code;
(3) Review reports in accordance with section 4913.15 of the
Revised Code;
(4) Make recommendations under sections 4913.15 and 4913.16
of the Revised Code;
(5) Perform any additional duties as may be required under
this chapter.
(B) The committee shall meet as necessary to carry out its
duties and meet the time-period requirements of division (B) of
section 4913.15 of the Revised Code, but not less than once every
three months. A majority of committee members constitutes a
quorum.
Sec. 3781.38. Every member of the underground technical
committee shall be immune, individually and jointly, from civil
liability for any act or omission done or made in performance of
the member's duties while serving as a member of the committee,
but only in the absence of willful misconduct.
Sec. 4905.041. (A) The public utilities commission has
exclusive jurisdiction to enforce, in accordance with Chapter
4913. of the Revised Code, section 153.64, divisions (A) and (B)
of section 3781.26, sections 3781.27 and 3781.28 to 3781.32, and
Chapter 4913. of the Revised Code.
(B) The commission's enforcement authority described in
division (A) of this section is limited to actions specifically
authorized by Chapter 4913. of the Revised Code.
(C) Nothing in this section or Chapter 4913. of the Revised
Code gives the commission or the underground technical committee,
created under section 3781.34 of the Revised Code, the authority
to determine the civil liability of any person for any compliance
failure as that term is defined in section 4913.01 of the Revised
Code.
Sec. 4905.26. Upon complaint in writing against any public
utility by any person, firm, or corporation, or upon the
initiative or complaint of the public utilities commission, that
any rate, fare, charge, toll, rental, schedule, classification, or
service, or any joint rate, fare, charge, toll, rental, schedule,
classification, or service rendered, charged, demanded, exacted,
or proposed to be rendered, charged, demanded, or exacted, is in
any respect unjust, unreasonable, unjustly discriminatory,
unjustly preferential, or in violation of law, or that any
regulation, measurement, or practice affecting or relating to any
service furnished by the public utility, or in connection with
such service, is, or will be, in any respect unreasonable, unjust,
insufficient, unjustly discriminatory, or unjustly preferential,
or that any service is, or will be, inadequate or cannot be
obtained, and, upon complaint of a public utility as to any matter
affecting its own product or service, if it appears that
reasonable grounds for complaint are stated, the commission shall
fix a time for hearing and shall notify complainants and the
public utility thereof. The notice shall be served not less than
fifteen days before hearing and shall state the matters complained
of. The commission may adjourn such hearing from time to time.
The parties to the complaint shall be entitled to be heard,
represented by counsel, and to have process to enforce the
attendance of witnesses.
This section does not apply to matters governed by Chapter
4913. of the Revised Code.
Sec. 4913.01. As used in this chapter:
(A) "Aggrieved person" means a person with duties and
obligations under sections 153.64, 3781.27, and 3781.28 to 3781.32
of the Revised Code and divisions (A) and (B) of section 3781.26
of the Revised Code and who is directly involved with or impacted
by the alleged compliance failure, as identified in the request
for inquiry, of another person with duties and obligations under
sections 153.64, 3781.27, and 3781.28 to 3781.32 of the Revised
Code and divisions (A) and (B) of section 3781.26 of the Revised
Code.
(B) "Compliance failure" means a failure to comply with any
provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of
the Revised Code and divisions (A) and (B) of section 3781.26 of
the Revised Code.
(C) "Designer," "developer," "excavation," "excavator,"
"one-call notification system," "person," "protection service,"
"underground utility facility", and "utility" have the same
meanings as in section 3781.25 of the Revised Code.
Sec. 4913.03. (A) Each utility, excavator, developer, and
designer who participates in the one-call notification system
shall register with the public utilities commission and pay a
safety registration not to exceed fifty dollars annually, which
the commission may lower if the commission determines lowering the
registration to be necessary. The commission shall administer and
oversee the registration process. Failure to register shall result
in a fine of not more than two thousand five hundred dollars.
(B) The commission shall deposit all safety registrations and
fines collected under this section in the underground facilities
protection administrative fund created under section 4913.30 of
the Revised Code.
Sec. 4913.05. (A) Beginning January 1, 2016, an aggrieved
person may request an inquiry with the staff of the public
utilities commission seeking the imposition, in accordance with
this chapter, of a fine or penalty on the person responsible for
the alleged compliance failure described in division (A) of
section 4913.01 of the Revised Code. The person shall make the
request not later than ninety days after discovering the alleged
compliance failure. The request shall not, by itself, cause the
creation of a formal proceeding at the commission.
(B) A request made under this section shall state, at a
minimum and with particularity, the name of the person responsible
for the alleged compliance failure, the date of the compliance
failure, the nature of the compliance failure, the location of the
compliance failure, and any other information that the requestor
considers relevant.
(C) The staff shall, not later than ten business days after
receiving a request under this section, notify the person
responsible for the alleged compliance failure that the request
was made.
Sec. 4913.07. If a request for an inquiry is made under
section 4913.05 of the Revised Code, the person responsible for
the alleged compliance failure may, not later than thirty days
after being notified under that section, respond to the request,
providing any information that the person considers relevant to
the request. The response may include an admission of the
compliance failure.
Sec. 4913.09. (A) The staff of the public utilities
commission shall conduct an inquiry upon receiving a request made
under section 4913.05 of the Revised Code. The inquiry shall be
limited to whether there was a compliance failure.
(B) During an inquiry conducted under this section, the staff
shall examine relevant facts regarding the alleged compliance
failure and may request records verification, informal meetings,
teleconferences, photo documentation, and any other documentation
or information relevant to the inquiry.
Sec. 4913.13. The staff of the public utilities commission
shall make a report of each inquiry conducted under section
4913.09 of the Revised Code available to the underground technical
committee, created under section 3781.34 of the Revised Code. The
report shall contain any admission made under section 4913.07 of
the Revised Code by the person who is the subject of the inquiry.
This report shall not contain a recommendation as to the
imposition of a fine or penalty or as to whether no enforcement
action should be taken.
Sec. 4913.15. (A) The underground technical committee shall
review every report of the staff of the public utilities
commission made available under section 4913.13 of the Revised
Code or submitted under section 4913.16 of the Revised Code.
(B) Not later than ninety days after the committee obtains
the staff's report under section 4913.13 of the Revised Code, the
committee shall do any of the following:
(1) Make a written recommendation to the commission as to the
imposition of a fine, a penalty, or a combination of fines and
penalties, in accordance with section 4913.151 of the Revised
Code;
(2) Determine that no enforcement action should be taken and
notify the commission in writing of the determination;
(3) Request a hearing under section 4913.19 of the Revised
Code.
(C) There shall be a majority vote of the full committee,
with at least one of the commercial-excavator stakeholders voting
with the majority, for the committee to do any of the following:
(1) Recommend a fine, penalty, or a combination of fines and
penalties under this section or section 4913.16 of the Revised
Code;
(2) Determine, under this section or section 4913.16 of the
Revised Code, that no enforcement action should be taken;
(3) Request a hearing under section 4913.19 of the Revised
Code.
If the committee fails to achieve the required majority for
any action described in division (C) of this section, it shall
notify the commission.
Sec. 4913.151. In determining a fine or penalty
recommendation as required under section 4913.15 or 4913.16 of the
Revised Code:
(A) If the compliance failure is the first for the person
responsible, the underground technical committee may recommend a
penalty of a training requirement, an education requirement, or
another nonmonetary penalty, or may recommend a fine not exceeding
two thousand five hundred dollars, or may recommend a combination
of this fine and these penalties.
(B) If the compliance failure is a subsequent compliance
failure for the person responsible, the committee may recommend a
penalty of a training requirement, an education requirement, or
another nonmonetary penalty, or may recommend a fine not exceeding
five thousand dollars, or may recommend a combination of this fine
and these penalties.
(C) Any penalty recommended under this section shall be
appropriately related to enforcement of the provisions enumerated
in division (A) of section 4905.041 of the Revised Code.
Sec. 4913.152. The underground technical committee may
communicate with persons who have knowledge or information
concerning the alleged compliance failure as part of the
committee's review under section 4913.15 of the Revised Code and
to assist the committee in making recommendations under that
section and section 4913.16 of the Revised Code.
Sec. 4913.16. (A)(1) If the underground technical committee
votes during the ninety-day time period as required under division
(B) of section 4913.15 of the Revised Code but fails to achieve
the required majority as described in division (C) of that
section, no enforcement action shall be taken.
(2) If the committee, during the ninety-day time period,
fails to vote on any action as required under division (B) of
section 4913.15 of the Revised Code, the staff of the public
utilities commission shall make a recommendation as to a fine or
penalty or no enforcement. The staff shall cause the initial
report made available under section 4913.13 of the Revised Code to
be amended to add the recommendation, and shall submit the amended
report to the committee.
(B) Not later than thirty days after the committee receives
an amended report under division (A)(2) of this section, the
committee shall do any of the following, subject to division (C)
of section 4913.15 of the Revised Code:
(1) Make a written recommendation to the commission as to the
imposition of a fine, penalty, or a combination of fines and
penalties in accordance with section 4913.151 of the Revised Code;
(2) Determine that no enforcement action should be taken and
notify the commission in writing of the determination;
(3) Request a hearing under section 4913.19 of the Revised
Code.
(C)(1) If the committee votes during the thirty-day time
period as required under division (B) of this section but fails to
achieve the required majority as described in division (C) of
section 4913.15 of the Revised Code, no enforcement action shall
be taken.
(2) If the committee fails to vote on any action as required
under division (B) of this section, the commission shall impose a
fine or penalty consistent with section 4913.151 of the Revised
Code or take no enforcement action. The commission shall inform
the committee of its decision.
Sec. 4913.17. (A) Based upon the number and type of
compliance failures committed by a person, the underground
technical committee may find, as part of the committee's review
under section 4913.15 of the Revised Code, that the person is a
persistent noncomplier.
(B) The committee shall report a finding made under division
(A) of this section to the staff of the public utilities
commission.
(C) There shall be a majority vote of the full committee,
with at least one of the commercial-excavator stakeholders voting
with the majority, for the committee to make a finding under
division (A) of this section.
Sec. 4913.171. If the underground technical committee reports
that a person responsible for a compliance failure has been found
to be a persistent noncomplier under section 4913.17 of the
Revised Code, the public utilities commission may impose a fine on
the person not exceeding ten thousand dollars. A penalty
recommended by the committee under section 4913.15 or 4913.16 of
the Revised Code may also be imposed by the commission.
Sec. 4913.19. In lieu of making a recommendation of a fine or
penalty or a no-enforcement determination, the underground
technical committee may request an administrative hearing with the
public utilities commission if the committee believes that any
person responsible for a compliance failure should be subject to a
fine or penalty exceeding those described in section 4913.151 of
the Revised Code. As a result of the hearing, the commission shall
impose a fine or penalty or take no enforcement action.
Sec. 4913.20. In determining a fine or penalty
recommendation or imposition or whether no enforcement action
should be taken under section 4913.15, 4913.16, 4913.171, 4913.19,
or 4913.25 of the Revised Code, the underground technical
committee, the public utilities commission, and the commission
staff, as applicable, shall consider the following factors, as
they apply:
(A) The person's demonstrated history of one-call, design,
and excavation practices, including the following:
(1) The number of locate requests received and responded to;
(2) The number of locates completed;
(3) The number of one calls placed;
(4) The number of excavations completed;
(5) The number of design or development projects.
(B) The nature, circumstances, and gravity of the compliance
failure, including the amount of damage involved in relation to
the compliance failure, and whether it resulted in death, serious
injury, dismemberment, or a significant threat to public safety;
(C) The organizational size of the responsible person;
(D) The prospective effect of a fine on the person's ability
to pay business obligations and otherwise conduct business;
(E) The history or number of compliance failures by the
person;
(F) The good faith effort on the person's part in attempting
to achieve compliance after the compliance failure was identified.
Sec. 4913.21. Except as provided in sections 4913.171 and
4913.19 of the Revised Code, the public utilities commission shall
impose every recommendation made under section 4913.15 or 4913.16
of the Revised Code by the underground technical committee.
Sec. 4913.22. A person subject to a fine imposed under
section 4913.171, 4913.19, or 4913.21 of the Revised Code or
division (C)(2) of section 4913.16 of the Revised Code shall pay
the fine not later than sixty days after the fine or penalty is
imposed. A person subject to a penalty imposed under any of those
sections or that division shall begin compliance with the penalty
not later than thirty days after the penalty is imposed.
Sec. 4913.23. The public utilities commission shall, by
letter, promptly notify the person that requested the inquiry and
the person responsible for the compliance failure of any fine or
penalty imposed under section 4913.171, 4913.19, or 4913.21 of the
Revised Code or division (C)(2) of section 4913.16 of the Revised
Code, or of a no-enforcement determination under section 4913.15
or 4913.19 of the Revised Code or division (A)(1) or (C)(1) of
section 4913.16 of the Revised Code. The notice shall include all
of the following, as applicable:
(A) The date of the compliance failure;
(B) The citation to the statute that was not complied with;
(C) A brief description of the compliance failure;
(D) The fine or penalty to be imposed, if any;
(E) Instructions on how to remit payment of a fine or to
comply with a penalty;
(F) Instructions on how the person may file for
reconsideration under section 4913.25 of the Revised Code and how
to make a timely filing;
(G) A statement that failure to file for reconsideration
under section 4913.25 of the Revised Code will make any findings
final and enforceable.
Sec. 4913.25. (A) If either the person that requested the
inquiry or the person responsible for the compliance failure
disagrees with either a finding or a no-enforcement determination
made by the underground technical committee under section 4913.15,
4913.16, 4913.17, or 4913.19 of the Revised Code, either person
may, not later than thirty days after receiving notice under
section 4913.23 of the Revised Code, file a written application
with the public utilities commission for reconsideration of the
committee's finding. The application for reconsideration must
state with particularity the grounds for reconsideration.
(B) Upon the filing of an application for reconsideration
under this section, the commission shall formally review the
finding of the committee.
(C) The commission may hold a hearing on the application for
reconsideration.
(D) The commission shall affirm, reject, or modify the
finding of the committee and shall impose any fine or penalty
authorized under this chapter or take no enforcement action. The
person responsible for the compliance failure shall pay any fine
not later than sixty days after the fine is imposed by the
commission. A person subject to a penalty shall begin compliance
with the penalty not later than thirty days after the penalty is
imposed by the commission.
Sec. 4913.251. A reconsideration order issued under section
4913.25 of the Revised Code is subject to the rehearing and appeal
process under Chapter 4903. of the Revised Code.
Sec. 4913.252. All hearings conducted by the public utilities
commission under this chapter and under the process described in
section 4913.251 of the Revised Code shall be conducted in a
manner consistent with Chapter 4903. of the Revised Code.
Sec. 4913.26. Any documentation obtained pursuant to an
inquiry conducted under section 4913.09 of the Revised Code,
communications described in section 4913.152 of the Revised Code,
or an administrative hearing conducted under section 4913.19 of
the Revised Code shall be treated as confidential until a formal
proceeding is commenced under section 4913.25 of the Revised Code,
at which time the parties to the proceeding shall be bound by the
rules of the public utilities commission governing discovery in
matters pending before it.
Sec. 4913.27. Except for safety registrations and fines
collected under section 4913.03 of the Revised Code, the public
utilities commission shall deposit all fines collected under this
chapter into the underground facilities protection fund created
under section 4913.29 of the Revised Code.
Sec. 4913.29. There is hereby created in the state treasury
the underground facilities protection fund. The fund shall consist
of all fines collected under this chapter, except for safety
registrations and fines collected under section 4913.03 of the
Revised Code. The fund shall retain the interest earned. The
amounts in the fund shall be used solely to fund grants under
section 4913.31 of the Revised Code.
Sec. 4913.30. There is hereby created in the state treasury
the underground facilities protection administrative fund to be
administered by the public utilities commission. The fund shall
consist of all safety registrations and fines collected under
section 4913.03 of the Revised Code. The fund shall retain the
interest earned. The amounts in the fund shall be used for the
operation of the underground technical committee, created under
section 3781.34 of the Revised Code, and the commission in the
performance of its duties under this chapter.
Sec. 4913.31. (A) The public utilities commission may
administer an underground utility damage prevention grant program
to provide grants for any of the following purposes:
(1) Public awareness programs established by a protection
service;
(2) Training and education programs for excavators,
operators, designers, persons who locate underground utility
facilities, or other persons;
(3) Programs providing incentives for excavators, operators,
persons who locate underground utility facilities, or other
persons to reduce the number and severity of compliance failures.
(B) The commission shall determine the appropriate amount of
any grant issued under this section.
Sec. 4913.43. The public utilities commission shall submit to
the general assembly an annual report of the previous year's
activities under this chapter. Each report shall be submitted on
or before April 1. Each report shall be made publicly available on
the commission's web site.
Sec. 4913.45. (A) The public utilities commission shall, in
consultation with the underground technical committee, adopt rules
under section 111.15 of the Revised Code to carry out this
chapter. The rules shall include all of the following:
(1) Guidelines for consistent application of fines and
penalties under this chapter;
(2) Tracking compliance of persons on whom fines or penalties
have been imposed under this chapter;
(3) The required contents of the underground utility damage
prevention grant program established under section 4913.31 of the
Revised Code;
(4) The gathering, review, and acceptance of applications for
a grant under section 4913.31 of the Revised Code;
(5) The dispensation and tracking of money from the
underground facilities protection fund;
(6) The committee's duties, including rules that establish
the committee's operation, meeting schedule, and voting
procedures;
(7) The contents of the annual report required under section
4913.43 of the Revised Code;
(8) The process related to collecting the registration under
section 4913.03 of the Revised Code.
(B) The commission may adopt rules establishing the
following:
(1) Procedures for conducting inquiries under section 4913.09
of the Revised Code;
(2) Any other duties for the underground technical committee
pursuant to section 3781.36 of the Revised Code.
Sec. 4913.47. Notwithstanding any provision of the Revised
Code to the contrary, if a person is subject to more than one fine
for the same compliance failure, and one fine is imposed under
this chapter and one or more other fines are imposed under federal
law, rules, or regulations, the person shall not be required to
pay the fine imposed under this chapter.
Sec. 4913.50. Any proceeding held under this chapter, any
no-enforcement determination under this chapter, and any fine or
penalty imposed under this chapter shall neither prevent nor
preempt the right of any party to obtain civil damages for
personal injury or property damage in a private cause of action.
No finding, determination, or recommendation of the underground
technical committee, no decision of the public utilities
commission under this chapter, and no no-enforcement determination
under this chapter shall be determinative of civil liability in a
private cause of action for personal injury or property damage.
Sec. 4913.52. A person with a permit for excavation from the
state or a local governmental unit is subject to this chapter.
This chapter does not affect or impair local ordinances, charters,
or other provisions of law requiring permits to be obtained before
excavating.
Section 2. That existing sections 3781.25 and 4905.26 of the
Revised Code are hereby repealed.
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