BILL NUMBER: AB 1264 CHAPTERED 06/28/04 CHAPTER 77 FILED WITH SECRETARY OF STATE JUNE 28, 2004 APPROVED BY GOVERNOR JUNE 28, 2004 PASSED THE ASSEMBLY JUNE 21, 2004 PASSED THE SENATE JUNE 17, 2004 AMENDED IN SENATE MAY 17, 2004 AMENDED IN SENATE APRIL 1, 2004 AMENDED IN ASSEMBLY JANUARY 5, 2004 INTRODUCED BY Assembly Member Benoit FEBRUARY 21, 2003 An act to amend Sections 4216, 4216.2, and 4216.8 of the Government Code, relating to excavation equipment. LEGISLATIVE COUNSEL'S DIGEST AB 1264, Benoit. Regional notification centers: excavation equipment: exclusions. Existing law requires, except in an emergency, every person to contact a regional notification center, as defined, at least 2 days before conducting any excavation, as defined, in an area that is known, or reasonably should be known, to contain subsurface installations, as defined. The center is required to provide an inquiry identification number that will remain valid for not more than 14 calendar days from the date of issuance. After that date, the inquiry identification number must be revalidated by the regional notification center. This bill would extend the time period during which an inquiry identification number remains valid to 28 days. Existing law imposes civil penalties upon those who fail to comply with these requirements, as provided. Existing law exempts from these requirements an owner of real property who contracts with a licensed contractor or subcontractor for an excavation project that does not require a permit from a state or local agency, or a residential real property owner that is not a licensed contractor or subcontractor who, as part of improving his or her principal residence, is performing or is having performed excavation that does not require a permit from a state or local agency. This bill would additionally exclude from these requirements any person or private entity that leases or rents excavation or boring equipment to a licensed contractor or subcontractor, if the rental agreement contains a provision that the lessee or renter accepts all liabilities and responsibilities of the regional notification center law. 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) "Approximate location of subsurface installations" means a strip of land not more than 24 inches on either side of the exterior surface of the subsurface installation. "Approximate location" does not mean depth. (b) "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. (c) 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 which, with their, or his or her, own employees or equipment 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) "Inquiry identification number" means the number which 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. (f) "Local agency" means a city, county, city and county, school district, or special district. (g) "Operator" means any person, corporation, partnership, business trust, public agency, or other entity which 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. (h) "Regional notification center" means a nonprofit association or other organization of operators of subsurface installations which 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. (i) "State agency" means every state agency, department, division, bureau, board, or commission. (j) "Subsurface installation" means any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewerlines, nonpressurized storm drains, or other nonpressurized drain lines. SEC. 2. Section 4216.2 of the Government Code is amended to read: 4216.2. (a) Except in an emergency, every 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 which 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. (b) Except in an emergency, every excavator covered by Section 4216.8 planning to conduct an excavation on private property may contact the appropriate regional notification center if the private property is known, or reasonably should be known, to contain 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. (c) The regional notification center shall provide an inquiry identification number to the person who contacts the center pursuant to this section and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation. An inquiry identification number may be validated for more than 28 days when mutually agreed between the excavator and any member operator so notified that has a subsurface installation in the area of the proposed excavation; and, it may be revalidated by notification to the regional notification center by the excavator prior to the time of its expiration. (d) A record of all notifications by excavators and operators to the regional notification center shall be maintained for a period of not less than three years. The records 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. SEC. 3. Section 4216.8 of the Government Code is amended to read: 4216.8. This article does not apply to any 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. (c) 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."