; and (C) performance measures to determine the effectiveness of excavation damage prevention efforts. . 16. Protecting fuel choice for consumers Notwithstanding the first sentence of section 60104(c)(1) of title 49, United States Code, a State or municipality may not adopt or continue in force a law, regulation, or standard that has the effect, directly or indirectly, of limiting or prohibiting the transportation or distribution for sale or resale of an energy source that is sold in interstate commerce and transported using a pipeline facility (as defined in section 60101 of such title). 17. Modernizing and expanding pipelines (a) In general The Commission may, if requested under subsection (b), issue a Federal authorization under this section for— (1) any construction, modification, expansion, inspection, repair, or maintenance under chapter 601 of title 49, United States Code, of any pipeline facility that is constructed, or for which construction has commenced, prior to the date of enactment of this Act; or (2) the construction, modification, expansion, inspection, repair, or maintenance of pipeline facility that has not been constructed, or for which construction has not commenced, prior to such date of enactment, that is to be co-located within the boundary of a pipeline or electrical right-of-way that exists as of such date of enactment. (b) Request for issuance A person who has filed for a Federal authorization from a relevant permitting entity may request that the Commission issue the Federal authorization under this section if the relevant permitting entity— (1) notifies the person and the Commission that it waives its authority to issue the Federal authorization