Bill Text: CA SB1345 | 2021-2022 | Regular Session | Amended
Bill Title: Excavations: subsurface installations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-19 - May 19 hearing: Held in committee and under submission. [SB1345 Detail]
Download: California-2021-SB1345-Amended.html
|
Amended
IN
Senate
April 07, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1345
| Introduced by Senator Ochoa Bogh |
February 18, 2022 |
An act to amend Sections 4216, 4216.1, 4216.2, 4216.3, 4216.4, 4216.5, 4216.6, and 4216.7 of the Government Code, relating to excavations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1345, as amended, Ochoa Bogh.
Excavations: subsurface installations.
(1) Existing law, the Dig Safe Act of 2016, generally regulates excavations around subsurface installations, defined as any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewerlines, nonpressurized storm drains, and other nonpressurized drain lines. The act requires an excavator to comply with specified notification and delineation requirements before starting an excavation. Existing law provides for the enforcement of the act by the California Underground Facilities Safe Excavation Board. Existing law defines the terms “legal excavation start date and time,” “working day,” and “subsurface installation” for purposes of the act.
This bill would revise the definition of “legal excavation start date and time” to, among other things, exclude weekends and holidays. The bill would revise
the definition of “subsurface installation” to include nonpressurized sewerlines, nonpressurized storm drains, and other nonpressurized drain lines. The bill would revise the definition of “working day” by the deleting provision limiting the hours from 7:00 a.m. to 5:00 p.m.
(2) Existing law requires every operator of a subsurface installation to become a member of, participate in, and share in costs of, a regional notification, except for the Department of Transportation.
This bill would require the Department of Transportation, on and after January 1, 2025, to become a member of, participate in, and share in costs of, a regional notification center.
(3) Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center. Existing law
authorizes an operator, if the area is not delineated, to choose not to locate and field mark until the area to be excavated has been delineated.
This bill would delete the authorization for the operator to choose not to locate and field mark until the area has been delineated. The bill would instead provide that if the operator has questions about the delineation that the excavator has placed, to contact the excavator for clarification.
(4) Existing law, except in an emergency, authorizes an excavator planning to conduct an excavation on private property that does not require an excavation permit to contact a 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. Existing law requires an excavator to delineate the area to be excavated before notifying the
regional notification center.
This bill would specify that if the area is not delineated, an operator may choose not to locate and field mark until the area has been delineated.
(5) Existing law, unless an emergency exists, prohibits an excavator from beginning excavation until, among other things, the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation.
This bill would instead prohibit an excavator from beginning excavation until the excavator receives an electronic positive response from subsurface installations that are listed on a specified ticket.
(6) Existing law requires an operator to take one of specified actions before the legal excavation start date and time, including locating and field
marking within the area delineated for excavation and, where multiple subsurface installations of the same type are known to exist together, mark the number of subsurface installations. Existing law requires an operator or local agency to contact the excavator before pavement removal 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.
This bill would require authorize an operator, if the excavation or work type is pavement grinding limited to removal of a portion of the solid pavement of a road or sidewalk surface, to locate and field mark, or provide information on
the location of, subsurface installations known to be embedded in the pavement.
(7) Existing law requires every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time. Existing law authorizes the board to extend the time by which the operator is required to comply with that requirement, and requires the board to determine which facts or circumstances constitute good cause.
This bill would delete the provision authorizing the board to extend the deadline upon a showing of good cause.
(8) Existing law authorizes an excavator to use a vacuum excavation device to expose subsurface installations within the tolerance zone if certain requirements are met, including if the operator has marked the subsurface installation, the excavator has contacted any operator
whose subsurface installations may be in conflict with the excavation.
This bill would revise the requirements for an excavator to use vacuum equipment, including requiring the vacuum equipment to be designed, engineered, and purpose built for vacuum excavation work. The bill would require an operator not agreeing to use vacuum excavation to include that information on their electronic positive response.
(9) Existing law requires an excavator discovering or causing damage to a subsurface installation to immediately notify the subsurface installation operator. Existing law requires an excavator to call 911 emergency services upon discovering or causing damage to a high priority subsurface installation or to a gas or hazardous liquid pipeline resulting in escape of flammable, toxic, or corrosive gas or liquid. Existing law requires the excavator to notify the regional notification center within 48 hours
of causing the damage.
This bill would instead require an excavator discovering or causing excavation-related damage to a subsurface installation that may endanger life or cause serious bodily harm or damage to property to immediately call 911 emergency services, immediately notify the subsurface installation operator, and comply with any guidance to secure the scene. The bill would require the excavator to contact the regional notification center to obtain the contact information of the subsurface installation operator. The bill would require the excavator to notify the board within 2 hours of discovering or causing damage to any subsurface installation.
This bill would require an excavator discovering or causing damage to a subsurface installation that may not immediately endanger life or cause serious bodily harm or damage to property to comply with specified other requirements, including notifying the subsurface
installation operator within one hour, and within 2 hours of discovering or causing damage, to notify the board of the damage through the web portal on the regional notification center internet website or the board’s internet website.
(10) Existing law authorizes a local agency that is required to provide specified service to charge a fee to cover the cost of providing the service.
This would revise services for which a local agency may charge a fee. The bill would require a local agency to consider specified factors with respect to charging fees, including whether the fee could deter an excavator from contracting the regional notification center. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
(11) Existing law requires statewide information provided by operators and excavators regarding
incident events to be compiled and made available in an annual report by regional notification centers and posted on the internet websites of the regional notification centers and made available to the board upon request.
This bill would instead require that statewide information be compiled and made available in an annual report by the board and posted on the board’s internet website. The bill would require the California Regional Common Ground Alliance to provide statewide information to the board by April 15 each year.
(12) Existing law provides that an excavator who damages a subsurface installation due to an inaccurate field mark by an operator or third party under contract with the operator is not liable for damages to the subsurface installation if the excavator complied with specified provisions. Existing law defines “inaccurate field mark” as a mark that did not correctly indicate the
approximate location of a subsurface installation affected by an excavation.
This bill would define “approximate location” for purposes of those provisions.
(13) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4216 of the Government Code is amended to read:4216.
As used in this article, the following definitions apply:(a) “Active subsurface installation” means a subsurface installation currently in use or currently carrying service.
(b) “Board” means the California Underground Facilities Safe Excavation Board, also known as the “Dig Safe Board.”
(c) “Area of continual excavation” means a location where excavation is part of the normal business activities of agricultural operations and flood control facilities.
(d) “Delineate” means to mark in white the location or path of the proposed
excavation using the guidelines in Appendix B of the “Guidelines for Excavation Delineation” published in the most recent version of the Best Practices guide of 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. “Delineation” also includes physical identification of the area to be excavated using alternative marking methods, including, but not limited to, flags, stakes, whiskers, or a combination of these methods, if an excavator makes a determination that standard delineation may be misleading to those persons using affected streets and highways, or be misinterpreted as a traffic or pedestrian control, and the excavator has contacted the regional notification center to advise the operators that the excavator will physically identify the area to be excavated using alternative marking
methods.
(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.
(g) “Excavation” means 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, or any other way.
(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 own employees or equipment, performs any excavation.
(i) “Hand tool” means a piece of equipment used for excavating that uses human power and is not powered by any motor, engine, hydraulic, or pneumatic device.
(j) “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.
(k) “Inactive subsurface installation” means either of the following:
(1) The portion of an underground subsurface installation that is not active but is still connected to the subsurface installation, or to any other subsurface installation, that is active or still carries service.
(2) A new underground subsurface installation that has not been connected to any portion of an existing subsurface installation.
(l) “Legal excavation start date and time” means two working days, not including the date of notification or weekends or holidays, unless the excavator specifies a later date and time, which shall not be more than 14 calendar days from the date of notification or once the excavator has received a response from all known operators, as specified in subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3. For excavation in an area of continual excavation, “legal excavation start date and time” means two working days, not including the date of notification or weekends or holidays, unless the excavator specifies a later date and time, which shall not be more than six months from the date of notification or once the excavator has received a response from all known operators, as specified in subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3.
(m) “Local agency” means a city, county, city and county, school district, or special district.
(n) (1) “Locate and field mark” means to indicate the existence of any owned or maintained subsurface installations by using the guidelines in Appendix B of the “Guidelines for Operator Facility Field Delineation” published in the most recent version of the Best Practices guide of 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.
(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 installations 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) “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 locators training guidelines and practices published in the most recent version of the Best
Practices guide of the Common Ground Alliance.
(q) “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.
(r) “State agency” means every state agency, department, division, bureau, board, or commission.
(s) “Subsurface installation” means any underground pipeline, conduit, duct, wire, or other structure.
(t) “Ticket” means an excavation location request issued a number by the regional
notification center.
(u) “Tolerance zone” means 24 inches on each side of the field marking placed by the operator in one of the following ways:
(1) Twenty-four inches from each side of a single marking, assumed to be the centerline of the subsurface installation.
(2) Twenty-four inches plus one-half the specified size on each side of a single marking with the size of installation specified.
(3) Twenty-four inches from each outside marking that graphically shows the width of the outside surface of the subsurface installation on a horizontal plane.
(v) “Working day” for the purposes of determining legal
excavation start date and time means a weekday Monday through
Friday, except for federal holidays and state holidays, as defined in Section 19853, or as otherwise posted on the internet website of the regional notification center.
SEC. 2.
Section 4216.1 of the Government Code is amended to read:4216.1.
(a) Every operator of a subsurface installation, except as specified in subdivision (b), 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 Underground Service Alert—Northern California or the Underground Service Alert—Southern California are in compliance with this section and Section 4216.9. A regional notification center shall not charge a fee to a person for notifying the regional notification center to obtain a ticket or to renew a ticket.(b) The Department of
Transportation shall be required to comply with this section on and after January 1, 2025.
SEC. 3.
Section 4216.2 of the Government Code is amended to read:4216.2.
(a) Before notifying the appropriate regional notification center, an excavator planning to conduct an excavation shall delineate the area to be excavated. If the operator has questions about the delineation that the excavator has placed, the operator shall contact the excavator for clarification.(b) 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. However, an excavator and an operator may mutually agree to a different notice and start date. The contact information for operators notified shall be available to the excavator.
(c) 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 to set up an onsite meeting prior to the legal excavation start date and time or 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. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.
(d) 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. Before notifying the appropriate regional notification center, an excavator shall delineate the area to be excavated. If the area is not delineated, an operator may, at the operator’s discretion, choose not to locate and field mark until the area has been delineated. 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.
(e) The regional notification center shall provide 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. A ticket shall be valid for 28 days from the date of issuance. If work continues beyond 28 days, the excavator shall renew the ticket either by accessing the center’s internet website or by calling “811” by the end of the 28th day.
(f) A record of all notifications by 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. A regional notification center shall provide notification records to the
board quarterly and shall provide notifications of damage to the board within five business days of receipt at the regional notification center.
(g) Unless an emergency exists, an excavator shall not begin excavation until the excavator receives an electronic positive response from all known operators of subsurface installations
that are listed on the ticket pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3 and until the completion of any onsite meeting, if required by subdivision (c).
(h) 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.
(i) If a ticket obtained by an excavator expires but work is ongoing, the excavator shall contact the regional notification center and get a new ticket and wait a minimum of two working days, not including the date of the contact, before restarting excavation. All excavation shall cease during the waiting period.
SEC. 4.
Section 4216.3 of the Government Code is amended to read:4216.3.
(a) (1) (A) Unless the excavator and operator mutually agree to a later start date and time, or otherwise agree to the sequence and timeframe in which the operator will locate and field mark, an operator shall do one of the following before the legal excavation start date and time:(i) Locate and field mark within the area delineated for excavation and, where multiple subsurface installations of the same type are known to exist together, mark the number of subsurface installations.
(ii) To the extent and degree of accuracy that the information is available, provide information to an
excavator where the operator’s active or inactive subsurface installations are located.
(iii) Advise the excavator it operates no subsurface installations in the area delineated for excavation.
(iv)If excavation or work type is pavement grinding that is limited to removal of a portion of the sold pavement of a road or sidewalk surface, the operator may locate and field mark, or provide information on the location of, subsurface installations known to be embedded in the pavement.
(B) An operator shall mark newly installed subsurface installations in areas with
continuing excavation activity.
(C) An operator shall indicate with an “A” inside a circle the presence of any abandoned subsurface installations, if known, within the delineated area. The markings are to make an excavator aware that there are abandoned subsurface installations within that delineated work area.
(D) Notwithstanding subdivision (f), if excavation or work type is pavement grinding that is limited to removal of a portion of the solid pavement of a road or sidewalk surface, an operator shall not be required to, but may choose to, locate and field mark, or provide information on the location of, subsurface installations known to be below the pavement.
(2) Only a qualified person shall perform subsurface installation locating activities.
(3) A qualified person performing subsurface installation locating activities on behalf of 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) 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. Commencing January 1, 2017, records on abandoned subsurface installations, to the extent that those records exist, shall be retained.
(5) Commencing January 1, 2023, all new subsurface installations shall be mapped using a geographic information system and maintained as permanent records of the operator. This paragraph shall not apply to oil and gas flowlines three inches or less in diameter that are located within the administrative boundaries of an oil field as designated by the Geologic Energy Management Division. For purposes of this paragraph, the following terms have the following meanings:
(A) “Flowline” means any pipeline that connects an oil, gas, or natural gas liquids well with a gathering line or header.
(B) “Gathering line” means a pipeline that transports liquid hydrocarbons between any of the following: multiple wells, a testing facility, a treating and production facility, a storage facility, or
a custody transfer facility.
(C) “Header” means a chamber from which liquid or gas is distributed to or from smaller pipelines.
(6) Nothing in this section shall be interpreted to preempt the Professional Land Surveyors’ Act, as described in Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.
(b) 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 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. 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.
(c) (1) (A) Every operator shall supply an electronic positive response through the regional notification center before the legal excavation start date and time.
(B) The regional notification center shall make the responses required by subparagraph (A) available to the excavator.
(2) The regional notification centers shall annually report to the board regarding their continual technological development in their roles of facilitating communication between excavators and operators in a manner that enhances safety, accountability, and efficiency.
(d) (1) On or before January 1, 2021, the board shall adopt regulations to implement subparagraph (A) of paragraph (1) of subdivision (c). The initial adoption, amendment, or repeal of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6, and the board is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1. After the initial adoption, amendment, or repeal of an emergency regulation pursuant
to this section, the board shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1.
(2) It is the intent of the Legislature, in authorizing the deviations in this section from the requirements and procedures of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, to authorize the board to expedite the exercise of its power to implement regulations as its unique operational circumstances require.
(e) The excavator shall notify the appropriate regional notification center of the failure of an operator to identify subsurface installations pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a), or subdivision (b). The notification shall include the
ticket issued by the regional notification center. The regional notification center shall maintain a record of all notifications received pursuant to this subdivision for a period of not less than three years. The record shall be available for inspection pursuant to subdivision (f) 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 operator 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.
SEC. 5.
Section 4216.4 of the Government Code is amended to read:4216.4.
(a) (1) Except as provided in paragraph (2), if an excavation is within the tolerance zone of a subsurface installation, the excavator shall determine the exact location of the subsurface installations in conflict with the excavation using hand tools before using any power-driven excavation or boring equipment within the tolerance zone of the subsurface installations. In all cases the excavator shall use reasonable care to prevent damaging subsurface installations.(2) (A) An excavator may use a vacuum excavation device to expose subsurface installations within the tolerance zone if the excavator has informed the regional notification center
of their intent to use a vacuum excavation device when obtaining a ticket and all requirements listed in subparagraph (B) are adhered to and the operator has agreed to the use of a vacuum excavation device. An operator not agreeing to use vacuum excavation shall include that information on their electronic positive response.
(B) For an excavator to use vacuum equipment to expose subsurface installations within the tolerance zone, the following requirements shall apply:
(i) Vacuum equipment used shall be designed, engineered, and purpose built for vacuum excavation work.
(ii) Trained and competent persons are required to operate the vacuum equipment.
(iii) Vacuum equipment personnel shall have knowledge of specific know and adhere to all operator requirements for any marked subsurface installations being exposed to determine the exact location of subsurface installations in conflict with the excavation. If there are specific the operator has any requirements for vacuum equipment to be used, it
the use of vacuum equipment at the site of the planned excavation, those requirements shall be provided by the operator before excavation or the operator shall furnish an observer. observer during excavation.
(C) 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.
(D) Beginning July 1, 2020, an excavator may use power-operated or boring equipment, as determined by the board, prior to determining the exact location of subsurface installations. The board
shall adopt regulations to implement this paragraph on or before July 1, 2020.
(3) An excavator shall presume all subsurface installations to be active, and shall use the same care around subsurface installations that may be inactive as the excavator would use around active subsurface installations.
(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 telephone number of the subsurface installation operator.
(c) (1) Except as provided in paragraph (2), an excavator discovering or causing excavation-related damage to a subsurface installation that may endanger life or cause serious bodily harm or damage to property, including escape of any flammable, toxic, or corrosive gas or liquid, shall do the following:
(A) The excavator shall immediately call 911 emergency services.
(B) After calling 911 emergency services, the excavator shall immediately notify the subsurface installation operator and
comply with any guidance provided to secure the scene. The excavator may contact the regional notification center to obtain the contact information of the subsurface installation operator. If the operator is unknown and the damage or discovery of damage occurs outside the working hours of the regional notification center, the excavator may follow the instructions provided by the regional notification center through its internet website or the telephone line recorded message.
(C) Within two hours of discovering or causing damage to any subsurface installation, the excavator shall notify the board of the damage through the web portal on the regional notification center internet website or the board’s internet website.
(2) An excavator discovering or causing any damage to a subsurface
installation, including all breaks, leaks, nicks, dents, gouges, grooves, corrosion, or other damage to subsurface installation lines, conduits, coatings, or cathodic protection, that may not immediately endanger life or cause serious bodily harm or damage to property shall do the following:
(A) The excavator shall within one hour notify the subsurface installation operator. The excavator may contact the regional notification center to obtain the contact information of the subsurface installation operator. If the operator is unknown and the damage or discovery of damage occurs outside the working hours of the regional notification center, the excavator may follow the instructions provided by the regional notification center through its internet website or the telephone line recorded message.
(B) Except as provided in subparagraphs (C) and (D), within two hours of discovering or causing damage, the excavator shall notify the board of the damage through the web portal on the regional notification center internet website or the board’s internet website.
(C) An excavator discovering any damage to a subsurface installation is not required to notify the board of the damage.
(D) This paragraph is not applicable to an excavator who is the owner or operator of the damaged facility.
(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. 6.
Section 4216.5 of the Government Code is amended to read:4216.5.
(a) The requirements of this article apply to state agencies and to local agencies which own or operate subsurface installations, except as otherwise provided in Section 4216.1. A local agency which 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.(b) A local agency that chooses to recover its costs via a fee shall consider whether the fee could deter an excavator from
contacting the regional notification center.
(c) A local agency shall consider recouping its costs via existing permit fees instead of a separate fee related to responding to a ticket.
(d) A local agency shall consider not charging a fee to an excavator covered by Section 4216.8 to encourage the excavator to create a ticket as specified in subdivision (e) of Section 4216.2.
SEC. 7.
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) Any operator or excavator who knowingly and willfully violates any of the provisions of this article in a way that results in damage to a gas or hazardous liquid pipeline subsurface installation and that results in the escape of any flammable, toxic, or
corrosive gas or liquid is subject to a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000).
(4) 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.
(5) 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 that issued the permit to excavate, for the enforcement of the civil penalty pursuant to this section in a civil action brought in the name of the people of the State of California. 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) This article may also be enforced by the following agencies, either following a recommendation of the Dig Safe Board that the agency shall
act to accept, amend, or reject, or through the agency’s own investigations, as follows:
(1) The Registrar of Contractors of the Contractors State License Board shall enforce this article on contractors, as defined in Article 2 (commencing with Section 7025) of Chapter 9 of Division 3 of the Business and Professions Code, and telephone corporations, as defined in Section 234 of the Public Utilities Code, when acting as a contractor, as defined in Article 2 (commencing with Section 7025) of Chapter 9 of Division 3 of the Business and Professions Code. Nothing in this section affects the Public Utilities Commission’s existing authority over a public utility.
(2) The Public Utilities Commission shall enforce this article on gas corporations, as defined in Section 222 of the Public
Utilities Code, and electrical corporations, as defined in Section 218 of the Public Utilities Code, and water corporations, as defined in Section 241 of the Public Utilities Code.
(3) The Office of the State Fire Marshal shall enforce this article on operators of hazardous liquid pipeline facilities, as defined in Section 60101 of Chapter 601 of Subtitle VIII of Title 49 of the United States Code.
(d) A local governing board may enforce this article on local agencies under the governing board’s jurisdiction.
(e) Commencing July 1, 2020, the Dig Safe Board shall enforce this article on persons other than those listed in subdivisions (c) and (d). The board shall not initiate an enforcement action pursuant to this
subdivision for a violation that occurred prior to July 1, 2020. As the enforcing body for persons other than those listed in subdivisions (c) and (d), the board may collect any monetary penalties imposed upon those persons.
(f) Moneys collected as a result of penalties imposed pursuant to subdivisions (c) and (e) shall be deposited into the Safe Energy Infrastructure and Excavation Fund.
(g) Statewide information provided by operators and excavators regarding incident events shall be compiled and made available in an annual report by
the board and posted on the internet website of the board. The California Regional Common Ground Alliance shall provide the statewide information to the board by April 15 of each year.
(h) For purposes of subdivision (g), the following terms have the following meanings:
(1) “Incident 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 most recent
version of the Best Practices guide of the Common Ground Alliance.
SEC. 8.
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, 4216.4, or 4216.10 or subdivision (b) of Section 4216.3, or as a result of failing to comply with the operator’s requests to protect the subsurface installation as specified by the operator 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 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 the operator’s claim for damages to the operator’s subsurface installation arising from an excavation against an excavator who has complied with this article to the extent damages were proximately caused by the operator’s failure to comply with this article.
(c) If an operator of a subsurface installation without a reasonable basis, as determined by a court of competent jurisdiction, 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, as defined by subdivision (v) of Section 4216 and subdivision (b) of Section 4216.2, has failed to comply with subdivision (c) of Section 4216.2, or has failed to comply with subdivision (b) of Section 4216.4, the operator shall be
liable for damages to the excavator who has complied with Section 4216.2, subdivisions (b) and (e) of Section 4216.3, and Section 4216.4, including liquidated damages, liability, losses, costs, and expenses, actually incurred by the excavator, 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) (1) 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 Section 4216.10 or Sections 4216.2 and 4216.4.
(2) This section is not intended to create any presumption or to affect the burden of proof in any action for personal injuries or property damage, other than damage to the subsurface installation, nor is this section intended to affect, create, or eliminate any remedy for personal injury or property damage, other than damage to the subsurface installation.
(e) For the purposes of this section:
(1) “Approximate location” means a strip of land not more than 24 inches on either side of the exterior surface of the subsurface installation. It does not mean depth.
(2) “Inaccurate field mark” means a mark, or set of markings, made pursuant to Section 4216.3 or 4216.10, 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.
(f) 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 the excavator’s or the operator’s 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.
(g) A court or arbitrator shall award reasonable attorney’s costs and fees, including expert witness fees, to an excavator if either of the following apply:
(1) The court or arbitrator determines that an excavator is not liable for damages to a subsurface installation for a reason described in subdivision (d).
(2) The excavator makes an offer to settle the matter that is not accepted and the plaintiff fails to obtain a more favorable judgment or award.
