BILL NUMBER: AB 463	CHAPTERED  09/14/06

	CHAPTER  263
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  JUNE 26, 2006
	AMENDED IN SENATE  MAY 23, 2006
	AMENDED IN SENATE  MAY 8, 2006

INTRODUCED BY   Assembly Member Tran
   (Principal coauthor: Senator Margett)

                        FEBRUARY 15, 2005

   An act to amend Section 4216.4 of the Government Code, relating to
subsurface installations, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 463, Tran  Subsurface installations: excavation.
   Existing law authorizes an excavator to determine the exact
location of subsurface installations that are in conflict with the
excavation before using any vacuum excavation devices or
power-operated or power-driven excavating or boring equipment within
the approximate location of the subsurface installation, provided
there is an express written mutual agreement, as specified, and with
a specified exception. If there is no express agreement, the
excavator is required to use handtools to determine the location of
subsurface installations, as specified.
   This bill would instead provide that, 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 to the operator or operators of the subsurface installation
and the excavator, the excavator may use vacuum excavation devices
or power-operated or power-driven excavating or boring tools within
the approximate location of the subsurface installation.
  This bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  Section 4216.4 of the Government Code is amended to
read:
   4216.4.  (a) The excavator shall determine the exact location of
subsurface installations in conflict with the excavation by
excavating with handtools within the area of the approximate location
of subsurface installations as determined by the field marking
provided 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.
   (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.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent potentially damaging stalls or stoppage of
construction within the state, it is necessary that this act take
effect immediately.