BILL NUMBER: AB 811	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 15, 2013
	PASSED THE ASSEMBLY  AUGUST 19, 2013
	AMENDED IN SENATE  JUNE 3, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Lowenthal
   (Principal coauthor: Senator Hill)

                        FEBRUARY 21, 2013

   An act to amend Section 4216.6 of the Government Code, relating to
excavations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 811, 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.
   The bill would require statewide information, as defined, provided
by operators and excavators regarding facility events, as defined,
to be compiled and made available in an annual report by regional
notification centers and posted on the Internet Web sites of those
regional notification centers.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4216.6 of the Government Code is amended to
read:
   4216.6.  (a) (1) Any operator or excavator who negligently
violates this article is subject to a civil penalty in an amount not
to exceed ten thousand dollars ($10,000).
   (2) Any operator or excavator who knowingly and willfully violates
any of the provisions of this article is subject to a civil penalty
in an amount not to exceed fifty thousand dollars ($50,000).
   (3) Except as otherwise specifically provided in this article,
this section is not intended to affect any civil remedies otherwise
provided by law for personal injury or for property damage, including
any damage to subsurface installations, nor is this section intended
to create any new civil remedies for those injuries or that damage.
   (4) This article shall not be construed to limit any other
provision of law granting governmental immunity to state or local
agencies or to impose any liability or duty of care not otherwise
imposed by law upon any state or local agency.
   (b) An action may be brought by the Attorney General, the district
attorney, or the local or state agency which 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
state or local agencies, or both, in collecting these fees.
   (c) Statewide information provided by operators and excavators
regarding facility events shall be compiled and made available in an
annual report by regional notification centers and posted on the
Internet Web sites of the regional notification centers.
   (d) For purposes of subdivision (c), the following terms have the
following meanings:
   (1) "Facility event" means the occurrence of excavator downtime,
damages, near misses, and violations.
   (2) "Statewide information" means information submitted by
operators and excavators using the California Regional Common Ground
Alliance's Virtual Private Damage Information Reporting Tool.
Supplied data shall comply with the Damage Information Reporting Tool'
s minimum essential information as listed in the Common Ground
Alliance's most recent Best Practices Handbook.