(a) In General.— The Secretary may make a grant to a State authority (including a municipality with respect to intrastate gas pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the State authority under subsection (e) if the State authority
(1) has in effect an annual certification under section
60105 or an agreement under section
60106; and
(2)
(A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or
(B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b).
(b) Damage Prevention Program Elements.— An effective damage prevention program includes the following elements:
(1) Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate.
(2) A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.
(3) A process for reviewing the adequacy of a pipeline operators internal performance measures regarding persons performing locating services and quality assurance programs.
(4) Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.
(5) A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.
(6) A process for resolving disputes that defines the State authoritys role as a partner and facilitator to resolve issues.
(7) Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.
(8) A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.
(9) A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.
