Bill Text: CA SB119 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Protection of subsurface installations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB119 Detail]

Download: California-2015-SB119-Introduced.html

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BILL NUMBER: SB 119	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill

                        JANUARY 14, 2015

   An act to add Section 7110.7 to the Business and Professions Code,
and to amend Sections 4216, 4216.1, 4216.2, 4216.3, 4216.4, 4216.5,
4616.6, 4216.7, 4216.8, and 4216.9 of, and to add Sections 4216.10,
4216.11, 4216.12, 4216.13, 4216.14, 4216.15, 4216.16, 4216.17,
4216.18, 4216.19, 4216.20, and 4216.21 to, the Government Code,
relating to excavations.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 119, as introduced, Hill. Protection of subsurface
installations.
   Existing law vests the Contractors' State License Board with all
functions and duties relating to the administration of The
Contractors' State License Law. Existing law authorizes the issuance
of licenses to applicants for contractors' licenses by written
examination under rules and regulations adopted by the board.
   This bill would require the board to adopt a program to enforce
violations of provisions relating to excavation. The bill would
authorize the board to require a contractor to undergo training, levy
a fine, and suspend a contractor's license for a violation.
   Existing law requires every operator of a subsurface installation,
except the Department of Transportation, to become a member of,
participate in, and share in the costs of, a regional notification
center. Existing law requires any person who plans to conduct any
excavation to contact the appropriate regional notification center
before commencing that excavation, as specified. Existing law defines
a subsurface installation as any underground any underground
pipeline, conduit, duct, wire, or other structure, except
nonpressurized sewer lines, storm drains, or other drain lines.
Existing law requires an operator of a subsurface installation, who
receives notification of proposed excavation work, within 2 working
days of that notification, excluding weekends and holidays, to mark
the approximate location and number of subsurface installations that
may be affected by the excavation or to advise that no subsurface
installations operated by him or her would be affected. Existing law
requires an operator of a subsurface installation that has failed to
comply with these provisions to be liable to the excavator for
damages, costs, and expenses.
   This bill would declare the need to clarify and revise these
provisions. The bill would define and redefine various terms relating
to a regional notification center. The bill would instead define a
subsurface installation as an underground or submerged duct,
pipeline, or structure. This bill would also delete the exception for
the Department of Transportation.
   The bill would require an excavator planning to conduct an
excavation to delineate the area to be excavated before notifying the
appropriate regional notification center of the planned excavation,
as provided. The bill would require an operator to maintain and
preserve all plans and records for any subsurface installation owned
by that operator as that information becomes known, as specified.
   This bill would prohibit an excavator that damages a subsurface
installation due to an inaccurate field mark, as defined, by an
operator from being liable for damages, replacement costs, or other
expenses arising from damage to the subsurface installation, provided
that the excavator complied with the provisions described above. The
bill would also require, in any action for reimbursement or
indemnification for a claim arising from damage to a subsurface
installation in which the court or arbitrator finds that the
excavator complied with those provisions, the excavator to be awarded
reasonable attorneys' fees and expenses.
   The bill would delete the existing exemptions pertaining to an
owner of real property and would instead exempt an owner of
residential real property who only uses nonmechanized hand tools for
excavation work not requiring a permit on his or her residential real
property that has no easement or right of way.
   Existing law authorizes the Occupational Safety and Health
Standards Board to adopt and to publish occupational safety and
health standards.
   This bill would require the board, on or before January 1, 2017,
to revise these provisions to clarify best practices to be used by
excavators when excavating near subsurface installations. The bill
would also require the board to convene an advisory committee hearing
to seek input from operators, regional notification centers, labor,
and excavators on best practices to be used for excavating in urban
areas, the appropriate frequency of potholing, and other best
practices developed by various industry associations.
   This bill would create the California Underground Facilities Safe
Excavation Authority. The bill would require the authority to enforce
laws relating to the protection of underground infrastructure by
hearing complaints and assessing civil penalties for violations of
these provisions.
   The bill would also authorize the Public Utilities Commission and
the Office of the State Fire Marshal to enforce the requirement to
locate and field mark subsurface installations and lines against
operators of natural gas and electric underground infrastructure and
hazardous liquid pipelines, unless these operators are municipal
utilities.
   The authority would be composed of 9 members who would serve
2-year terms. The bill would authorize the authority to use
compliance audits and investigations in enforcing these provisions
and furthering its purposes. The bill would require the authority, on
or before January 1, 2017, and each year thereafter, to report to
the Governor and the Legislature on its activities and any
recommendations.
   The bill would make other conforming changes.
   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 the following:
   (a) Discussions that have taken place since Article 2 (commencing
with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the
Government Code was added by Chapter 928 of the Statutes of 1989 have
led to widespread agreement that many of the provisions of the
article should be clarified.
   (b) Regional notification centers, or "one-call" centers, have
developed means of electronic communication that improve the
efficiency of the "one-call" process, and statutory barriers to using
new methods of notification should be eliminated.
   (c) The delineation by an excavator of the area to be excavated in
advance of the field location and marking by subsurface facility
operators of their facilities aids the excavator in understanding
where underground facilities were marked, and thus improves safety.
This practice was recommended by the National Transportation Safety
Board in its 1997 study "Protecting Public Safety through Excavation
Damage Prevention" and is a best practice of the Common Ground
Alliance.
   (d) Continuing an excavation after an excavation "ticket" has
expired does not promote safety, and excavators should apply for a
new ticket before the expiration of an old one. Continuing excavation
when markings are no longer visible does not promote safety, and
excavators should stop work until the lines are remarked.
   (e) The benefits of eliminating old field marks once an excavation
project is complete are more than just aesthetic; eliminating old
field marks helps prevent confusion for the next excavator to dig in
that area.
   (f) Increased communication between subsurface installation
operators and excavators before breaking ground has safety benefits.
   (g) Abandoned lines that are not marked can be mistaken for active
lines that are marked, and thus present a safety risk to excavators
and the public. Safety will be improved if subsurface facility
operators identify these lines when their existence is known.
   (h) The ability of an operator of subsurface facilities to locate
and mark affected facilities can be seriously impaired by a lack of
high-quality records of those facilities, and thus operators should
keep records of their facilities for as long as they are in the
ground, whether or not they are in use.
   (i) Failure by an operator of subsurface facilities to mark the
facilities within the required 48 hour period is a serious breach of
duty.
   (j) Mismarks by an operator place excavators and the public at
great safety risk, and so operators who mismark their facilities are
entitled to no award for any damages to those facilities.
   (k) Facilities that are embedded in pavement require more
extensive communication to prevent them from being damaged.
Excavators should not be liable for damage to traffic loops.
   (l) Exemptions that allow a class of persons to excavate without
calling 811 shall be made not based on convenience, but rather
permitted only if alternatives procedures allow the excavation to
take place without compromising safety.
   (m) The exemption that permits the Department of Transportation
not to submit its maps to the regional notification center and not to
mark its underground facilities within 48 hours does not have a
basis in safety.
   (n) The exemption that permits operators of nonpressurized sewer
lines and nonpressurized storm drains not to submit their maps to the
regional notification center and not to mark their underground
facilities within 48 hours does not have a basis in safety, as gas or
electric lines could be installed through those lines and drains and
thus create a safety hazard to those who clean those sewers and
drains and the public.
   (o) The exemption that permits private property owners to dig on
their property without calling a regional notification center to have
the area marked for underground facilities does not have a basis in
safety.
   (p) The exemption that permits homeowners to conduct excavation on
their property with heavy machinery or when there is a utility
easement on his or her property does not have a basis in safety.
   (q) Behaviors that are suspected to be unsafe, but upon which
there is not widespread agreement as to the level of risk and,
therefore, are unregulated, must be monitored to better assess the
risk.
   (r) Clarification is needed for excavators to understand best
excavation practices, and this could be accomplished through
clarification of the regulations on excavation by the Occupational
Safety and Health Standards Board.
   (s) Other states have experienced a dramatic improvement in safety
after implementing centralized administrative enforcement of
one-call laws.
   (t) California should have a board, composed of excavation
stakeholders, subject to oversight by the Legislature and the
Department of Finance, to enforce the state's safe excavation laws
through field audits, incident investigations, and administrative
hearings, and to promote safe excavation practices. Due to the size
of the state, and in order to reduce costs, the board should meet in
northern and southern California.
   (u) The board should not be funded through the General Fund, but
should be funded by the community that will most directly benefit
from the enforcement of the state's safe excavation laws, including
the participants in the state's regional notification centers, and
the board should also be funded by the fines it levies, instead of
having those fines go to the General Fund.
   (v) After a hearing before the board pursuant to the
Administrative Procedures Act, a person found to be in violation of
the state's safe excavation laws could meet a variety of sanctions
including a fine not exceeding a specified amount and the requirement
to undergo relevant education.
   (w) To preserve due process, the superior court should be
available to an aggrieved party as a forum in which to challenge a
board decision.
   (x) Most persons who would be subject to the board's oversight are
also subject to the oversight of other enforcement agencies, and
those agencies should also take steps to reduce the safety risks
posed by violations of the state's safe excavation laws.
  SEC. 2.  Section 7110.7 is added to the Business and Professions
Code, to read:
   7110.7.  (a) The Contractors', State License Board shall adopt a
program to enforce violations of paragraph (1) of subdivision (a) of
Section 4216.2 of the Government Code.
   (b) The Contractors' State License Board shall require contractors
to undergo training relating to compliance with paragraph (1) of
subdivision (a) of Section 4216.2 of the Government Code, as
determined by the board, for an initial violation.
   (c) If the contractor does not attend training within two months
of being notified of the requirement to do so, or fails to provide a
reasonable explanation for his or her delay in scheduling that
training in writing, the board shall, in addition, levy a fine.
   (d) A subsequent violation within one calendar year of the first
violation, failure to attend training, or failure to pay fines
ultimately may result in suspension of the contractor's license.
   (e) The board shall determine a graduated scale of fines
considering the following factors:
   (1) Whether the regional notification center received a timely
request for locate and mark.
   (2) The gravity of the violation.
   (3) The good faith of the contractor.
   (4) The contractor's history of previous violations.
  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.  
   (a) "Abandoned subsurface installation" means a subsurface
installation that is no longer in service and is physically
disconnected from any active or inactive subsurface installation.
 
   (b) "Active subsurface installation" means a subsurface
installation currently in use or currently carrying service. 

   (c) "Authority" means the California Underground Facilities Safe
Excavation Authority.  
   (d) "Delineate" means to mark in white paint the location or path
of the proposed excavation using the guidelines in Appendix B of the
Guidelines for Excavation Delineation published in Best Practices
Version 11.0 by the Common Ground Alliance. If there is a conflict
between the marking practices in those guidelines and other
provisions of this article, this article shall control.  
   (e) "Electronic positive response" means an electronic response
from an operator to the regional notification center providing the
status of an operator's statutorily required response to a ticket.
 
   (f) (1) "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.  
   (2) "Unexpected occurrence" includes, but is not limited to, a
fire, flood, earthquake or other soil or geologic movement, riot,
accident, damage to a subsurface installation requiring immediate
repair, or sabotage.  
   (b) 
    (g)  "Excavation" means  penetration of the plane
between the air and the existing surface of the ground or pavement by
 any 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,  gouging,
crushing, jack hammering, saw cutting,  or any other way.

   (c) 
    (h)  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 their, or his or
her, own employees or equipment   that  performs
any excavation. 
   (d) "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.  
   (e) 
    (i)  "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. 
   (f) "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.  
   (j) "Inactive subsurface installation" means both of the
following:  
   (1) The portion of an underground subsurface installation that is
not in use but is still connected to the subsurface installation, or
to any other subsurface installation, that is in use or still carries
service.  
   (2) A new underground subsurface installation that has not been
connected to any portion of an existing subsurface installation.
 
   (k) "Legal excavation start date and time" means at least two
working days, not including the date of notification, or up to 14
calendar days from the date of notification, if so specified by the
excavator.  
   (g) 
    (l)  "Local agency" means a city, county, city and
county, school district, or special district. 
   (m) (1) "Locate and field mark" means to indicate the existence of
a subsurface installation by using the guidelines in Appendix B of
the "Guidelines for Excavation Delineation" published in Best
Practices Version 11.0 by the Common Ground Alliance and in
conformance with the uniform color code of the American Public Works
Association. If there is a conflict between the marking practices in
the guidelines and this article, this article shall control. 

   (2) "Locate and field mark" does not require an indication of the
depth of cover.  
   (n) "Near miss" means an event in which damage did not occur, but
a clear potential for damage was identified.  
   (h) 
    (o)  "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. 
   (p) "Pavement" means a manmade surface material that cannot be
removed with a conventional hand tool.  
   (q) "Positive response" means the response from an operator
directly to the excavator providing the status of an operator's
statutorily required response to a ticket.  
   (i) 
    (r)  "Qualified person" means a person who completes a
training program in accordance with the requirements of Title 8,
California Code of Regulations, Section 1509, Injury Prevention
Program, that meets the minimum training guidelines and practices
 of Common Ground Alliance current Best Practices. 
 published in Best Practices Version 11.0 by the Common Ground
Alliance.  
   (j) 
    (s)  "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. 
   (k) 
   (t)  "State agency" means every state agency, department,
division, bureau, board, or commission. 
   (l) 
    (u)  "Subsurface installation" means any underground
 pipeline, conduit, duct, wire, or other structure, except
nonpressurized sewerlines, nonpressurized storm drains, or other
nonpressurized drain lines.   or submerged duct,
pipeline, or structure, including, but not limited to, a conduit,
duct, line, pipe, wire, or other structure.  
   (v) "Ticket" means an excavation location request issued a number
by the regional notification center.  
   (w) "Tolerance zone" means 24 inches on either side of the field
marking placed by the operator as follows:  
   (1) A single marking, assumed to be the centerline of the
subsurface installation, 24 inches from either side of that marking.
 
   (2) A single marking with the size of installation specified as 24
inches plus one-half the specified size on either side from the
single marking.  
   (3) Multiple markings that graphically show the width of the
installation 24 inches from the marking that graphically show the
outside surface of the subsurface installation on a horizontal plane.
 
   (x) "Working day" for the purposes of determining excavation start
date and time means a weekday Monday through Friday, from 7:00 a.m.
to 5:00 p.m., except for federal and state holidays. 
  SEC. 4.  Section 4216.1 of the Government Code is amended to read:
   4216.1.  Every operator of a subsurface  installation,
except the Department of Transportation,   installation
 shall become a member of, participate in, and share in the
costs of, a regional notification center. Operators of subsurface
installations who are members of, participate in, and share in, the
costs of a regional notification center, including, but not limited
to,  the South Shore Utility Coordinating Council, 
the Underground Service Alert--Northern California or the Underground
Service Alert--Southern California are in compliance with this
section and Section 4216.9.
  SEC. 5.  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. 
    4216.2.    (a) (1) Before notifying the appropriate
regional notification center, an excavator planning to conduct an
excavation shall delineate the area to be excavated. If the area is
not delineated, an operator shall not locate and field mark. 

   (2) Except in an emergency, an excavator planning to conduct an
excavation shall notify the appropriate regional notification center
of the excavator's intent to excavate at least two working days, and
not more than 14 calendar days, before beginning that excavation. The
date of the notification shall not count as part of the
two-working-day notice. If an excavator gives less notice than the
legal excavation start date and time and the excavation is not an
emergency, the regional notification center will take the information
and provide a ticket, but an operator has until the legal excavation
start date and time to respond.  
   (2) 
    (3)  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.
  and set up an onsite meeting at a mutually agreed upon
time to determine actions or activities required to verify the
location and prevent damage to the high-priority subsurface
installation. The excavator shall not begin excavating until after
the completion of the onsite meeting. 
   (b) Except in an emergency, every excavator covered by Section
4216.8 planning to conduct an excavation on private property 
that does not require an excavation permit  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.   excavator.   Before notifying the
appropriate regional notification center, an excavator shall
delineate the area to be excavated. Any temporary marking placed at
the planned excavation location shall be clearly seen, functional,
and considerate to surface aesthetics and the local community. An
excavator shall check if any local ordinances apply to the placement
of temporary markings.  
   (c) If an excavator gives less than the legal excavation start
date and time and it is not an emergency, the regional notification
center shall take the information and provide a ticket but an
operator shall have until the legal excavation start date and time to
respond.  
   (c) 
    (d)  The regional notification center shall provide
 an inquiry identification number   a ticket
 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.   A ticket shall be valid for 28 days
from the date of issuance. If work continues beyond 28 days, the
excavator shall update the ticket either by accessing the center's
Internet Web site or by calling "811" by the end of the 28th day.
 
   (d) 
    (e)  A record of all notifications by 
excavators and operators   an excavator or operator
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) 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) 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. 

   (f) An excavator shall not begin excavation until the excavator
receives a positive response from all known subsurface installations
within the delineated boundaries of the proposed area of excavation.
 
   (g) If a site requires special access, an excavator shall request
an operator to contact the excavator regarding that special access or
give special instructions on the location request.  
   (h) If a ticket obtained by an excavator expires but work is
ongoing, the excavator shall call into the regional notification
center and get a new ticket and wait a minimum of two working days,
not including the date of call in, before restarting excavation. All
excavation shall cease during the waiting period.  
   (i) When the excavation is complete, the excavator shall eliminate
or camouflage any temporary markings that remain for 45 days or
more, unless a local ordinance indicates otherwise. 
  SEC. 6.  Section 4216.3 of the Government Code is amended to read:

   4216.3.  (a) (1) Any operator of a subsurface installation who
receives timely notification of any proposed excavation work in
accordance with Section 4216.2 shall, within two working days of that
notification, excluding weekends and holidays, or before the start
of the excavation work, whichever is later, or at a later time
mutually agreeable to the operator and the excavator, locate and
field mark the approximate location and, if known, the number of
subsurface installations that may be affected by the excavation to
the extent and degree of accuracy that the information is available
either in the records of the operator or as determined through the
use of standard locating techniques other than excavating, otherwise
advise the person who contacted the center of the location of the
operator's subsurface installations that may be affected by the
excavation, or advise the person that the operator does not operate
any subsurface installations that would be affected by the proposed
excavation. 
    4216.3.    (a) (1) (A) An operator shall locate and
field mark, if known, the number of subsurface installations that may
be affected by an excavation, to the extent and degree of accuracy
that the information is available, provide information to an
excavator where the operator's active or inactive lines are located,
and advise the excavator that there is no conflict before the legal
excavation start date and time. The excavator and operator may
mutually agree to a later start date and time or the sequence and
timeframe in which the operator will mark.  

      (B) An operator shall mark both main and service lines in
response to a locate request up to the meter. If there is no meter,
the lines shall be marked to the property line or behind the curb or
sidewalk, whichever is furthest from the main line.  
   (C) An operator shall mark newly installed subsurface
installations in areas with continuing excavation activity. 

   (D) If known, an operator shall mark with an "A" inside a circle
any abandoned lines. There shall be no liability associated with
marking abandoned lines. The markings are to make an excavator aware
that there are abandoned subsurface installations within that
delineated work area. 
   (2) Only a qualified person shall perform subsurface installation
locating activities.
   (3) A qualified person performing subsurface installation locating
activities on behalf of  a subsurface installation 
 an  operator shall use a minimum of a single-frequency
utility locating device and shall have access to alternative sources
for verification, if necessary. 
   (4) Operators of high priority subsurface installations shall
maintain and preserve all plans and records for its subsurface
installations.  
   (b) Every operator of a subsurface installation who field marks
the location of a subsurface installation shall make a reasonable
effort to make field markings in conformance with the uniform color
code of the American Public Works Association.  
   (c) If, at any time during an excavation for which there is a
valid inquiry identification number, an operator's field markings are
no longer reasonably visible, the excavator shall contact the
appropriate regional notification center. The regional notification
center shall contact any member, if known, who has a subsurface
installation in the area of the excavation. Upon receiving timely
notification or renotification pursuant to this subdivision, the
operator shall re-locate and re-mark, within two working days, those
subsurface installations that may be affected by the excavation to
the extent necessary, in conformance with this section. 

   (4) An operator shall amend, update, maintain, and preserve all
plans and records for its subsurface installations as that
information becomes known. If there is a change in ownership of a
subsurface installation, the records shall be turned over to the new
operator who will assume full responsibility of the subsurface
installation. Records on abandoned lines shall be kept beginning on
January 1, 2016.  
   (b) Every operator who has lines in the area of a proposed
excavation shall locate and field mark the location of a subsurface
installation.  
   (c) If the field marks are no longer reasonably visible, an
excavator shall renotify the regional notification center with a
request for remarks that can be for all or a portion of the
excavation. Excavation shall cease in the area to be remarked. If the
area to be remarked is not the full extent of the original
excavation, the excavator shall delineate the portion to be remarked.
If the delineation markings are no longer reasonably visible, the
excavator shall redelineate the area to be remarked. If remarks are
requested, the operator shall have two working days, not including
the date of request, to remark the subsurface installation.
Excavation shall cease in the area where the remarks are requested.
If the area to be remarked is not the full extent of the original
excavation, the excavator shall delineate the portion to be remarked
and provide a description of the area requested to be remarked on the
ticket. The excavator shall provide a description for the area to be
remarked that falls within the area of the original location
request.  
   (d) Every operator may supply an electronic positive response
through the regional notification center before the legal excavation
start date and time. The regional notification center shall make
those responses available.  
   (d) 
    (e)  The excavator shall notify the appropriate regional
notification center of the failure of an operator to comply with
this section. The notification shall include the  inquiry
identification number   ticket  issued by the
regional notification center. A record of all notifications received
pursuant to this subdivision shall be maintained by the regional
notification center for a period of not less than three years. The
record shall be available for inspection pursuant to subdivision
 (d)   (e)  of Section 4216.2. 
   (f) If an operator or local agency knows that it has a subsurface
installation embedded or partially embedded in the pavement that is
not visible from the surface, the owner or local agency shall contact
the excavator before pavement removal to communicate and determine a
plan of action to protect that subsurface installation and
excavator.  
   (g) An excavator shall not be responsible for a traffic signal
detector loop, even if the excavator is notified that it is embedded
in the pavement, unless there is a local ordinance or permit
requirement to the contrary. 
  SEC. 7.  Section 4216.4 of the Government Code is amended to read:

   4216.4.  (a) When the excavation is within the approximate
location of subsurface installation, the excavator shall determine
the exact location of subsurface installations in conflict with the
excavation by excavating with hand tools within the area of the
approximate location of subsurface installations as provided by the
operators in accordance with Section 4216.3 before using any
power-operated or power-driven excavating or boring equipment within
the approximate location of the subsurface installation, except that
power-operated or power-driven excavating or boring equipment may be
used for the removal of any existing pavement if there are no
subsurface installations contained in the pavement. If documented
notice of the intent to use vacuum excavation devices, or
power-operated or power-driven excavating or boring equipment, has
been provided to the subsurface installation operator or operators
and it is mutually agreeable with the operator or operators and the
excavator, the excavator may utilize vacuum excavation devices, or
power-operated or power-driven excavating or boring equipment within
the approximate location of a subsurface installation and to any
depth. 
    4216.4.    (a) (1) Except as provided in paragraph
(2), if an excavation is within the approximate location of a
subsurface installation, the excavator shall expose with hand tools
to the depth of the excavation within the tolerance zone, including
any applicable clearance requirements, for the full length of the
project.  
   (2) (A) An excavator may use a vacuum excavation device to expose
subsurface installations within the tolerance zone if the operator
has marked the subsurface installation, the excavator has contacted
any operator whose subsurface installations may be in conflict with
the excavation, and the operator has agreed to the use of a vacuum
excavation device. An excavator shall inform the regional
notification center of his or her intent to use a vacuum excavation
device when obtaining a ticket.  
   (B) An excavator may use power-operated or boring equipment for
the removal of any existing pavement only if there is no known
subsurface installation contained in the pavement. 
   (b) If the exact location of the subsurface installation cannot be
determined by hand excavating in accordance with subdivision (a),
the excavator shall request the operator to provide additional
information to the excavator, to the extent that information is
available to the operator, to enable the excavator to determine the
exact location of the installation.  If the excavator has
questions about the markings that an operator has placed, the
excavator may contact the notification center to send a request to
have the operator contact the excavator directly.  The regional
notification center shall provide the excavator with the contact
phone number of the subsurface installation operator.
   (c) An excavator discovering or causing damage to a subsurface
installation, including all breaks, leaks, nicks, dents, gouges,
grooves, or other damage to subsurface installation lines, conduits,
coatings, or cathodic protection, shall immediately notify the
subsurface installation operator. The excavator may contact the
regional notification center to obtain the contact information of the
subsurface installation operator. If high priority subsurface
installations are damaged and the operator cannot be contacted 
immediately  , the excavator shall call 911 emergency services.

   (d) Each excavator, operator, or locator shall communicate with
each other and respect the appropriate safety requirements and
ongoing activities of the other parties, if known, at an excavation
site. 
  SEC. 8.  Section 4216.5 of the Government Code is amended to read:
   4216.5.  The requirements of this article apply to state agencies
and to local agencies  which   that  own or
operate subsurface  installations, except as otherwise
provided in Section 4216.1.   installations.  A
local agency  which   that  is required to
provide the services described in Section 4216.3 may charge a fee in
an amount sufficient to cover the cost of providing that service.
  SEC. 9.  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  
that  issued the permit to excavate, for the enforcement of the
civil penalty pursuant to this  section.  
section either in a civil action brought in the name of the people of
the   State of California or in an administrative hearing
before the authority pursuant to Section 4216.19.  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) The requirements of this article may also be enforced as
follows:  
   (1) The Contractors' State License Board shall enforce paragraph
(1) of subdivision (a) of Section 4216.2 as specified in Section
7110.7 of the Business and Professions Code.  
   (2) The Public Utilities Commission may enforce subdivisions (a)
and (b) of Section 4216.3 against operators of natural gas and
electric underground infrastructure, unless those operators are
municipal utilities.  
   (3) The Office of the State Fire Marshal may enforce subdivisions
(a) and (b) of Section 4216.3 against operators of hazardous liquid
pipelines, unless those operators are municipal utilities. 
   (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.  
Best Practices Version 11.0 by the Common Ground Alliance. 
  SEC. 10.  Section 4216.7 of the Government Code is amended to read:

   4216.7.  (a) If a subsurface installation is damaged by an
excavator as a result of failing to comply with Section 4216.2 or
4216.4, or as a result of failing to comply with the operator's
requests to protect the subsurface installation as specified by the
operator  prior to   before the start of
excavation, the excavator shall be liable to the operator of the
subsurface installation for resulting damages, costs, and expenses to
the extent the damages, costs, and expenses were proximately caused
by the excavator's failure to comply. 
   (b) If the operator of a subsurface installation has failed to
comply with the regional notification center system requirements of
Section 4216.1, that operator shall forfeit his or her claim for
damages to his or her subsurface installation, arising from the
excavation, against an excavator who has complied with the
requirements of Section 4216.2 to the extent damages were proximately
caused by the operator's failure to comply.  
   (b) If an operator has failed to become a member of, participate
in, or share in the costs of, a regional notification center, that
operator shall forfeit his or her claim for damages to his or her
subsurface installation arising from an excavation against an
excavator who has called at least two working days in advance to the
extent damages were proximately caused by the operator's failure to
be a member. 
   (c) If an operator of a subsurface installation has failed to
comply with the provisions of Section 4216.3, including, but not
limited to, the requirement to field mark the appropriate location of
subsurface installations within two working days of notification,
 has failed to comply with paragraph (2) of subdivision (a) of
Section 4216.2, or has failed to comply with subdivision (b) of
Section 4216.4, the operator shall be liable to the excavator who has
complied with Sections 4216.2 and 4216.4 for damages,  including
liquidated damages, liability, losses,  costs, and expenses
resulting from the operator's failure to comply with these specified
requirements to the extent the damages, costs, and expenses were
proximately caused by the operator's failure to comply. 
   (d) An excavator who damages a subsurface installation due to an
inaccurate field mark by an operator, or by a third party under
contract to perform field marking for the operator, shall not be
liable for damages, replacement costs, or other expenses arising from
damages to the subsurface installation if the excavator complied
with Sections 4216.2 and 4216.4.  
   (e) In any actions for reimbursement or indemnification for a
claim arising from damage to a subsurface installation in which the
court or arbitrator finds that the excavator complied with the
requirements for Sections 4216.2 and 4216.4, the excavator shall be
awarded reasonable attorney's fees and expenses.  
   (f) For the purposes of this section, "inaccurate field mark"
means a mark, or set of markings, made pursuant to Section 4216.3,
that did not correctly indicate the approximate location of a
subsurface installation affected by an excavation and includes the
actual physical location of a subsurface installation affected by an
excavation that should have been marked pursuant to Section 4216.3
but was not.  
   (d) 
    (g)  Nothing in this section shall be construed to do
any of the following:
   (1) Affect claims including, but not limited to, third-party
claims brought against the excavator or operator by other parties for
damages arising from the excavation.
   (2) Exempt the excavator or operator from his or her duty to
mitigate any damages as required by common or other applicable law.
   (3) Exempt the excavator or operator from liability to each other
or third parties based on equitable indemnity or comparative or
contributory negligence.
  SEC. 11.  Section 4216.8 of the Government Code is amended to read:

   4216.8.  This article does not apply to  any 
either  of the following persons: 
   (a) An owner of real property who contracts for an excavation
project on the property, not requiring a permit issued by a state or
local agency, with a contractor or subcontractor licensed pursuant to
Article 5 (commencing with Section 7065) of Chapter 9 of Division 3
of the Business and Professions Code. 
   (b) An owner of residential real property, not engaged as a
contractor or subcontractor licensed pursuant to Article 5
(commencing with Section 7065) of Chapter 9 of Division 3 of the
Business and Professions Code, who as part of improving his or her
principal residence or appurtenances thereto is performing or having
performed excavation work not requiring a permit issued by a state or
local agency.  
   (a) An owner of residential real property doing work not requiring
a permit issued by a state or local agency on his or her residential
real property that has no easement or right of way who only uses
nonmechanized hand tools for excavation.  
   (c) 
    (b)  Any person or private entity that leases or rents
power operated or power-driven excavating or boring equipment,
regardless of whether an equipment operator is provided for that
piece of equipment or not, to a contractor or subcontractor licensed
pursuant to Article 5 (commencing with Section 7065) of Chapter 9 of
Division 3 of the Business and Professions Code, if the signed rental
agreement between the person or private entity and the contractor or
subcontractor contains the following provision:

"It is the sole responsibility of the lessee or renter to follow the
requirements of the regional notification center law pursuant to
Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5
of Title 1 of the Government Code. By signing this contract, the
lessee or renter accepts all liabilities and responsibilities
contained in the regional notification center law."
  SEC. 12.  Section 4216.9 of the Government Code is amended to read:

   4216.9.  (a)  No   A  permit to excavate
issued by any local agency, as defined in Section 4216, or any state
agency, shall  not  be valid unless the applicant has been
provided an initial  inquiry identification number 
 ticket  by a regional notification center pursuant to
Section 4216.2. For purposes of this section, "state agency" means
every state agency, department, division, bureau, board, or
commission, including the Department of Transportation.
   (b) This article does not exempt any person or corporation from
Sections 7951, 7952, and 7953 of the Public Utilities Code.
  SEC. 13.  Section 4216.10 is added to the Government Code, to read:

   4216.10.  (a) On or before January 1, 2017, the Occupational
Safety and Health Standards Board shall revise subdivision (b) of
Section 1541 of Title 8 of the California Code of Regulations to
clarify best practices to be used by excavators when excavating near
subsurface installations.
   (b) The board shall convene an advisory committee hearing to seek
input from operators, regional notification centers, labor, and
excavators on best practices to be used by excavators when excavating
in urban areas where there is a high density of subsurface
installations, the appropriate frequency of potholing, and other best
practices developed by various industry associations, including the
Common Ground Alliance.
  SEC. 14.  Section 4216.11 is added to the Government Code, to read:

   4216.11.  (a) The California Underground Facilities Safe
Excavation Authority is hereby created.
   (b) The authority shall enforce this article and further its
purposes, and thus has the same powers as are conferred upon heads of
departments of the state by Article 1 (commencing with Section
11150) of Chapter 2 of Part 1 of Division 3 of Title 2 in the
Government Code. Notwithstanding Section 11152, the authority shall
not adopt rules or regulations.
   (c) The authority may hold hearings and conduct any investigations
necessary to carry out its powers and duties prescribed by this
article and, for those purposes, has the same powers as are conferred
upon heads of departments of the state by Article 2 (commencing with
Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2.
  SEC. 15.  Section 4216.12 is added to the Government Code, to read:

   4216.12.  (a) The authority shall be composed of nine members, of
which seven shall be appointed by the Governor, one shall be
appointed by the Speaker of the Assembly, and one shall be appointed
by the Senate Committee on Rules.
   (b) The seven members appointed by the Governor shall be
appointed, as follows:
   (1) Three members shall have knowledge and expertise in managing
underground. Of those three members, one shall have knowledge and
expertise in managing the underground institutions of a municipal
utility.
   (2) Two members shall have knowledge and expertise in contract
excavation.
   (3) One member shall have knowledge and expertise in subsurface
installation location and marking.
   (4) One member shall have knowledge and expertise in operating a
regional notification center.
   (c) The member appointed by the Speaker of the Assembly shall have
knowledge and expertise in representing in safety matters the
workers employed by contract excavators.
   (d) The member appointed by the Senate Committee on Rules shall
have knowledge and expertise in managing the underground
installations on one's own property, and may be drawn from
agricultural, commercial, or residential, or other, property sectors.

  SEC. 16.  Section 4216.13 is added to the Government Code, to read:

   4216.13.  (a) The term of a member of the authority is two years.
Of the first members of the authority, four members, determined by
lot, shall serve for one year so that the terms of the members shall
be staggered.
   (b) A member shall not be appointed for more than two consecutive
full terms.
   (c) To the extent possible, the Governor shall fill any vacancy in
the membership of the authority within 60 days after the vacancy
occurs.
   (d) Upon the recommendation of the authority, the Governor may
remove a member appointed by the Governor for incompetence or
misconduct.
  SEC. 17.  Section 4216.14 is added to the Government Code, to read:

   4216.14.  (a) The authority shall select a chairperson from among
its members at the first meeting of each calendar year or when a
vacancy in the chair exists.
   (b) Subject to subdivision (c), the manner in which the
chairperson is selected and the chairperson's term of office shall be
determined by the authority.
   (c) A member of the authority shall not serve more than two
consecutive years as the chairperson of the authority.
  SEC. 18.  Section 4216.15 is added to the Government Code, to read:

   4216.15.  The authority shall meet at least once every three
months. The authority shall hold meetings in Sacramento and Los
Angeles, and in other locations in the state it deems necessary.
  SEC. 19.  Section 4216.16 is added to the Government Code, to read:

   4216.16.  (a) In addition to other powers specified in this
article, the authority may do any of the following:
   (1) Apply for and accepts grants, contributions, and
appropriations, and award grants consistent with the goals and
objectives of a program or activity the authority is authorized to
implement or administer.
   (2) Contract for professional services if the work or services
cannot be satisfactorily performed by its employees or by any other
state agency.
   (3) Sue and be sued.
   (4) Request and utilize the advice and services of all federal,
state, local, and regional agencies.
   (5) Conduct public education and outreach programs consistent with
this article, promote the development of safety procedures for
excavation and demolition projects constructed in the area of
underground facilities, or make grants to local governments or
private entities to do so.
   (b) Notwithstanding Section 11152, the authority shall not adopt
rules or regulations.
  SEC. 20.  Section 4216.17 is added to the Government Code, to read:

   4216.17.  The authority may obtain funding for its operational
expenses from:
   (a) A federal or state grant.
   (b) A fee charged to members of the regional notification centers
not to exceed the reasonable regulatory cost incident to enforcement
of this article.
   (c) A fine assessed pursuant to Section 4216.19.
                                           (d) A filing or
administrative fee to hear a complaint pursuant to Section 4216.19.
   (e) Any other source.
  SEC. 21.  Section 4216.18 is added to the Government Code, to read:

   4216.18.  In the enforcement of this article, and furtherance of
its purposes, the authority may authorize staff to use compliance
audits, including field audits, and investigations of incidents and
near-misses.
  SEC. 22.  Section 4216.19 is added to the Government Code, to read:

   4216.19.  (a) After providing opportunity for hearing pursuant to
the Administrative Procedures Act (Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2), the authority,
upon making a finding of violation, may:
   (1) Assess a civil penalty of no more than ____ dollars ($____).
   (2) Reach a settlement in lieu of assessing a civil penalty.
   (3) Require remedial education relevant to the violation.
   (b) The authority may do both of the following:
   (1) Use the services of a third party to collect civil penalties.
   (2) If the authority determines that an individual cannot afford
to pay a penalty imposed pursuant to this section, the authority may
exempt the individual from payment of the penalty in whole or in
part.
  SEC. 23.  Section 4216.20 is added to the Government Code, to read:

   4216.20.  (a) A person aggrieved by a decision of the authority
may, within 30 days after receiving the decision, request judicial
review of the decision in superior court.
   (b) In accordance with the judicial review and appeals process
under the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2), the court shall
hear and determine all matters connected with the decision of the
authority for which judicial review is requested.
   (c) (1) Except as provided in paragraph (2), the cost of the
judicial review, including the cost of preparing a record and
transcript, shall be paid by the party filing the request for
judicial review.
   (2) If the party filing the request for judicial review prevails,
the court may require that the cost of the judicial review, including
the cost of preparing a record and transcript, be paid by the
authority, unless the authority waives the award of attorney's fees.
  SEC. 24.  Section 4216.21 is added to the Government Code, to read:

   4216.21.  (a) Notwithstanding Section 10231.5, the authority shall
report to the Governor and the Legislature on or before January 1,
2017, and each year thereafter, on the activities of the authority
and any recommendations of the authority.
   (b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795.