((a))

((1)) ** .—** In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—

((A)) appropriate participation by all underground facility operators, including all government operators;

((B)) appropriate participation by all excavators, including all government and contract excavators; and

((C)) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.

((2)) ** .—** In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.

((b)) ** .—** In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with—

((1)) damage to types of underground facilities; and

((2)) activities of types of excavators.

((c)) ** .—** A State one-call notification program also shall, at a minimum, provide for and document—

((1)) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;

((2)) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and

((3)) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment.

((d)) ** .—** To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for—

((1)) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;

((2)) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;

((3)) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;

((4)) equitable relief; and

((5)) citation of violations.