Constructor -July/August 2012 - (Page 66)

LEGISLATIVE AND REGULATORY NEWS MUNICIPAL AND UTILITIES AGC of America submitted comments on a proposed rule issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) that addressed federal enforcement of state damage prevention laws. This proposed rule establishes the criteria for determining the adequacy of state enforcement of pipeline damage prevention laws and proposes a process for federal enforcement under the authority of the Pipeline Inspection, Protection, Safety, and Enforcement (PIPES) Act of 2006. AGC’s comments called for additional scrutiny of the owner/operator and locator’s role in damage prevention to better reflect all nine elements of an effective damage prevention program as outlined in the PIPES Act. AGC asked PHMSA to encourage state regulatory authorities to equally enforce state laws applicable to underground facility owners and operators who fail to respond to a location request or fail to take reasonable steps, in response to such a request. Accurate and timely enforcement will help all parties ensure accurate marking and locating of the pipeline facility to prevent damage. Unfortunately, locating and marking duties are all too often neglected or performed inadequately by underground facility operators and the contract locators retained by them. It is absolutely critical that enforcement of these requirements be a high priority for state authorities. AGC also called for: ◗ A bottom up approach to damage prevention located fi rst and foremost in the states ◗ A process by which the federal government relinquishes enforcement authority if the state can demonstrate improvements in its damage prevention program in the interim between its annual reviews ◗ More formal and extensive protections for contractors (including formal rules of evidence, transcriptions, and evidence discovery) in the federal adjudication process after being cited for a damage ◗ A federal presumption against exemptions to one-call laws (without data to support their existence) when evaluating the effectiveness of a state’s law AGC will continue to track this rule as it goes through the process and work closely with PHMSA as it develops the fi nal rule. 66 constructor | JU LY/ AU G U ST 2012

Table of Contents for the Digital Edition of Constructor -July/August 2012

Editor's Note
President's Message
CEO's Letter
Shaky System
Safety Matters
2012 Construction Safety Excellence Award Winners
The Big Three
Fall Protection Training
AGC In Action
Finding the Net
Legal Perspective
AGC Cleans Up, Lowers Diesel Emissions
Company Fleets Going Biodiesel
Who Are You? Results of AGC’s Member and Vendor Survey
Transformation - Griffith Converts Brownfield Site into Healthy Park
BIM vs. Communication
Upcoming Events
Legislative and Regulatory News
Member and Chapter News
Smooth Sailing
Technology Toolbox
Q&A What's in Your Truck?
Leading the Way
Regional Resource Guide
Index to Advertisers
Final Inspection

Constructor -July/August 2012