Bill Text: CA AB811 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Excavations: regional notification center system: contractor certification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 250, Statutes of 2013. [AB811 Detail]
Download: California-2013-AB811-Amended.html
Bill Title: Excavations: regional notification center system: contractor certification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 250, Statutes of 2013. [AB811 Detail]
Download: California-2013-AB811-Amended.html
BILL NUMBER: AB 811 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 2, 2013 INTRODUCED BY Assembly Member Lowenthal (Principal coauthor: Senator Hill) FEBRUARY 21, 2013 An act to add Section 7058.3 to the Business and Professions Code, and to amend Sections42164216, 4216.2, and 4216.6 of the Government Code, relating to excavations. LEGISLATIVE COUNSEL'S DIGEST AB 811, as amended, Lowenthal. Excavations: regional notification center system: contractor certification. Existing law generally requires any person planning to conduct an excavation to contact a regional notification center prior to excavation, and, if practical, to delineate the areas to be excavated. Existing law authorizes the Attorney General, a district attorney, or the state or a local agency that issued a permit to excavate to bring an action for the enforcement of a civil penalty against an operator or excavator who negligently or knowingly and willfully violates the requirements of these and related provisions. This bill would provide that these requirements may also be enforced bythe Contractors' State License Board or byan action for civil damages brought in a court of competent jurisdiction by the person or entity that has sustained damages due to a violation of these requirements. The bill would provide that an operator or excavator that violates any of these requirements may be required to attend an education program, in addition to, or instead of,any other applicable penalty or enforcement mechanism. The bill would authorize specified entities, which have responsibility for the safety of operator facilities, to require operators and excavators to attend an education program. The bill would require the regional notification centers to post on their Internet Web sites statewide information provided by operators and excavators regarding violations of these requirements and damages resulting from those violations. The Contractors' State License Law provides for licensing and regulation of contractors by the Contractors' State License Board. Existing law requires contractors to obtain special certifications in order to perform asbestos-related work or to engage in hazardous substance removal or remedial action, as specified. This bill would prohibit a contractor from engaging in any excavation activity, as defined, unless the qualifier for the licensehad passedparticipates in an approved excavationcertification examination. The bill would require the board to develop a written examination, as specified.training program. The bill would prohibit an employee of a contractor from excavating unless at least one of specified conditions is met. The bill would permit a contractor who has not participated in an excavation training program to bid on, or contract for, the excavation if the work is performed by a contractor who has participated in an excavation training program. The bill would require the employer of persons performing excavations to maintain records demonstrating that those persons have complied with the specified training requirements and to produce these records upon the request of a state or local agency investigating damage to a subsurface installation involving the employer or his or her employees. This bill would create an exception to these requirements by permitting a person to perform an excavation service when immediately necessary to protect life and public property from imminent danger, or to restore, repair, or maintain public utilities, or to prevent utility services from being destroyed, damaged, or interrupted by a natural disaster, serious accident, or other case of emergency. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Public health and safety are benefitted by safe excavation practices that protect underground operator infrastructure. (b) The law provides various rules and requirements in order to ensure that excavations that may impact underground operator infrastructure be done in the safest and most efficient manner possible. (c) Violations of excavation rules and requirements may range from minor violations with no damage to violations that result in serious damage, including major property damage, service outages, and serious bodily injury or death. (d) Violators may range from homeowners or small contractors to major contractors, operators, and municipalities. (e) Construction, maintenance, and repair of public infrastructure, private and public buildings, and residences are an important part of the economy and the well being of Californians. (f) Enforcement of excavation rules and requirements should achieve the public safety goal of safe excavation practices, while not unduly burdening the operators and excavators involved in the construction, maintenance, and repair of public infrastructure, private and public buildings, and residences with unnecessary costs and time delays. (g) The enforcement options contained in Section 4 of this act are intended to achieve both goals by providing the flexibility needed to apply the enforcement method that will best achieve safe excavation practices in a given case, and in the most cost-efficient and timely manner possible. SEC. 2. Section 7058.3 is added to the Business and Professions Code, to read: 7058.3. (a) A contractor shall not engage in any excavationactivity, as defined in subdivision (c) of Section 4216 of the Government Code, unless the qualifier for the licensepassesparticipates in an approved excavationcertification examination.training program.(b) The Contractors' State License Board shall develop a written examination for the certification of contractors engaged in excavation activities, in consultation with the Division of Occupational Safety and Health in the Department of Industrial Relations, the Northern and Southern California One Call Centers, and the California Common Ground Alliance.(c) A contractor or an(b) An employee ofthea contractor shall not excavate unlessthe contractor orat least one of theemployee doing the excavation has passed the excavation certification examination.following conditions has been met: (1) The employee is an apprentice or contracting party or has graduated from a registered apprenticeship program, approved by the California Apprenticeship Council or a federal Office of Apprenticeship program, or a state apprenticeship program authorized by the federal Office of Apprenticeship. (2) The employee has successfully completed an excavation training program. (3) The employee is engaging in hand-digging, as defined in subdivision (f) of Section 4216 of the Government Code, and there is a competent person, as defined in subdivision (a) of Section 1504 of Title 8 of the California Code of Regulations, onsite who has successfully completed an excavation training program.(d)(c) A contractor whois not certifiedhas not participated in an excavation training program may bid on, or contract for, the excavation if the work is performed by a contractor whois certifiedhas participated in an excavation training program pursuant to this section. (d) The employer of persons performing excavations shall maintain records demonstrating that those persons have complied with the training requirements in this section. The employer shall produce these records upon the request of a state or local agency in that agency's investigation of damage to a subsurface installation involving the employer or his or her employees. SEC. 3. Section 4216 of the Government Code is amended to read: 4216. As used in this article the following definitions apply: (a) "Approximate location of subsurface installations" means a strip of land not more than 24 inches on either side of the exterior surface of the subsurface installation. "Approximate location" does not mean depth. (b) "Education program" means a training program in accordance with the requirements of Section 1509 of Title 8 of the California Code of Regulations, that meets the minimum training guidelines and practices of the current Common Ground Alliance Best Practices. (c) "Excavation" means an operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, or any other way. (d) Except as provided in Section 4216.8, "excavator" means any person, firm, contractor or subcontractor, owner, operator, utility, association, corporation, partnership, business trust, public agency, or other entity that, with its, or his or her, own employees or equipment performs any excavation. (e) "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Unexpected occurrence" includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, damage to a subsurface installation requiring immediate repair, or sabotage. (f) "Hand digging" means an operation using nonmechanized, nonpower-driven, nonair-driven, and nonwater-driven equipment in the movement of earth, rock, or other material in the ground.(f)(g) "High priority subsurface installation" means high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig), petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.(g)(h) "Inquiry identification number" means the number that is provided by a regional notification center to every person who contacts the center pursuant to Section 4216.2. The inquiry identification number shall remain valid for not more than 28 calendar days from the date of issuance, and after that date shall require regional notification center revalidation.(h)(i) "Local agency" means a city, county, city and county, school district, or special district.(i)(j) "Operator" means any person, corporation, partnership, business trust, public agency, or other entity that owns, operates, or maintains a subsurface installation. For purposes of Section 4216.1, an "operator" does not include an owner of real property where subsurface facilities are exclusively located if they are used exclusively to furnish services on that property and the subsurface facilities are under the operation and control of that owner.(j)(k) "Qualified person" means a person who completes a training program in accordance with the requirements of Section 1509 of Title 8 of the California Code of Regulations, Injury and Illness Prevention Program, that meets the minimum training guidelines and practices of Common Ground Alliance current Best Practices.(k)(l) "Regional notification center" means a nonprofit association or other organization of operators of subsurface installations that provides advance warning of excavations or other work close to existing subsurface installations, for the purpose of protecting those installations from damage, removal, relocation, or repair.(l)(m) "State agency" means every state agency, department, division, bureau, board, or commission.(m)(n) "Subsurface installation" means any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewerlines, nonpressurized storm drains, or other nonpressurized drain lines. SEC. 4. Section 4216.2 of the Government Code is amended to read: 4216.2. (a) (1) Except in an emergency, any person planning to conduct any excavation shall contact the appropriate regional notification center, at least two working days, but not more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. (2) When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1)of subdivision (a) of Section 4216.2. The excavator and operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time. (b) Except in an emergency, every excavator covered by Section 4216.8 planning to conduct an excavation on private property may contact the appropriate regional notification center if the private property is known, or reasonably should be known, to contain a subsurface installation other than the underground facility owned or operated by the excavator and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. (c) The regional notification center shall provide an inquiry identification number to the person who contacts the center pursuant to this section and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation. An inquiry identification number may be validated for more than 28 days when mutually agreed between the excavator and any member operator so notified that has a subsurface installation in the area of the proposed excavation; and, it may be revalidated by notification to the regional notification center by the excavator prior to the time of its expiration. (d) A record of all notifications by excavators and operators to the regional notification center shall be maintained for a period of not less than three years. The record shall be available for inspection by the excavator and any member, or their representative, during normal working hours and according to guidelines for inspection as may be established by the regional notification centers. (e) Notwithstanding Section 7058.3 of the Business and Professions Code, a person may perform an excavation when immediately necessary to protect life and public property from imminent danger, or to restore, repair, or maintain public utilities, or to prevent utility services from being destroyed, damaged, or interrupted by a natural disaster, serious accident, or other case of emergency.(e)(f) As used in this section, the delineation is practical when any of the following conditions exist: (1) When delineating a prospective excavation site with white paint could not be misleading to those persons using affected streets and highways. (2) When the delineation could not be misinterpreted as a traffic or pedestrian control. (3) Where an excavator can determine the exact location of an excavation prior to the time an area has been field marked pursuant to Section 4216.3. (4) Where delineation could not be construed as duplicative.(f)(g) Where an excavator makes a determination that it is not practical to delineate the area to be excavated, the excavator shall contact the regional notification center to advise the operators that the excavator shall identify the area to be excavated in another manner sufficient to enable the operator to determine the area of the excavation to be field marked pursuant to Section 4216.3.SEC. 4.SEC. 5. Section 4216.6 of the Government Code is amended to read: 4216.6. (a) (1) Any operator or excavator that negligently violates a requirement of this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000). (2) Any operator or excavator that knowingly and willfully violates a requirement of this article is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000). (3) Except as otherwise provided in this article, this section does not affect any civil remedies otherwise provided by law for personal injury or for property damage, including any damage to subsurface installations, nor does this section create any new civil remedies for those injuries or that damage. (4) This article does not limit any other law granting governmental immunity to state or local agencies or to impose any liability or duty of care not otherwise imposed by law upon a state or local agency. (b) An action may be brought by the Attorney General, the district attorney, or the local or state agency that issued the permit to excavate, for the enforcement of the civil penalty pursuant to this section. If penalties are collected as a result of a civil suit brought by a state or local agency for collection of those civil penalties, the penalties imposed shall be paid to the general fund of the agency. If more than one agency is involved in enforcement, the penalties imposed shall be apportioned among them by the court in a manner that will fairly offset the relative costs incurred by the agencies in collecting these fees. (c) The requirements of this article may also be enforced byeither of the following:(1) The Contractors' State License Board as provided in Section 7058.3 of the Business and Professions Code.(2)Anan action for civil damages brought in a court of competent jurisdiction by the person or entity that has sustained damages due to a violation of the requirements of this article. (d) In addition to, or instead of,any other penalty or enforcement mechanism provided by this article, an operator or excavator that violates any requirement of this article may be required to attend an education program. The following entities,whichthat have responsibility for the safety of operator facilities, may require operators and excavators to attend an education program: (1) The Contractors' State License Board. (2) The Public Utilities Commission. (3) The State Fire Marshal. (4) The Division of Occupational Safety and Health in the Department of Industrial Relations. (5) A court of competent jurisdiction. (e) Statewide information provided by operators and excavators regarding violations of the requirements of this article and damages resulting from those violations shall be posted on the Internet Web site of the regional notification centers.