Section 178.1 - Duties of other parties; liability; board of directors; operation costs; fees; information requests(a) The duties of the One Call System are those duties as set forth in section 3. Duties assigned to other parties in other sections of this act shall be the duties of those parties and shall not be imputed to the One Call System, including the duty to provide accurate information to the One Call System concerning proposed excavation and the duty to locate facilities at a work site.(b) The One Call System shall not be liable for damages to the person or the person's property arising out of its nonnegligent actions in furtherance of the duties imposed under this act and shall be liable only if the failure to comply was the proximate cause of any damages claimed.(d) The One Call System shall be governed by a board of directors to be chosen by the facility owners. No less than twenty percent of the seats on the board shall be held by municipalities or municipal authorities. The board shall include all of the following: (1) The chairman or his designee.(2) The Director of the Pennsylvania Emergency Management Agency or his designee. (4) The Secretary of Transportation or his designee.(5) An excavator or excavation industry representative.(6) A designer or designer industry representative.(7) An owner or operator or a representative of an owner or operator of pipelines associated with conventional oil and gas wells. The owner or operator may be a facility owner or a pipeline owner or operator who voluntarily submits maps of its lines or facilities to the One Call System.(8) A facility owner or facility owner representative of pipelines associated with unconventional oil and gas wells.(e) Operation costs for the One Call System shall be shared, in an equitable manner for services received, by facility owner members as determined by the One Call System's board of directors. Political subdivisions with a population of less than two thousand people or municipal authorities having an aggregate population in the area served by the municipal authority of less than five thousand people shall be exempt from the payment of any service fee. The One Call System may be reimbursed for its costs in providing this service from the contractor fees.(f) All fees shall be set by the board of directors and shall be based on the latest annual audited cost factors of the One Call System. Fees shall be set and adjusted to a rate not more than five percent above the audited cost factor plus the current average published Consumer Price Index for Pennsylvania. Costs of capital improvements may be added, if the improvement receives a majority vote of the board of directors. (f.1) An excavator, designer or operator who proposes to commence excavation or demolition work and requests information from the One Call System shall pay to the One Call System an annual fee for the service provided by the One Call System under section 3. The fee shall be set by the One Call System board of directors and shall be used to offset a portion of the operation costs of the One Call System and a portion of the operation costs levied on the One Call System's political subdivision and municipal authority members. Failure to pay the fee shall constitute a violation of this act and shall subject the excavator, designer or operator to the enforcement authority of the commission for the nonpayment.(g)[Deleted by 2017 Amendment.](h) Any request for information shall be reviewed and provided as determined in accordance with the procedure established by the One Call System's board of directors.Amended by P.L. TBD 2017 No. 50, § 3, eff. 4/28/2018.1974, Dec. 10, P.L. 852, No. 287, § 3.1, added 2006, Nov. 29, P.L. 1593, No. 181, §4, effective in 120 days [ 3/29/2007].