California Legislature—2013–14 Regular Session

Assembly Bill No. 811

Introduced by Assembly Member Lowenthal

(Principal coauthor: Senator Hill)

February 21, 2013

An act to add Section 7058.3 to the Business and Professions Code, and to amend Sections 4216 and 4216.6 of the Government Code, relating to excavations.

LEGISLATIVE COUNSEL’S DIGEST

AB 811, as introduced, Lowenthal. Excavations: regional notification center system: contractor certification.

Existing law generally requires any person planning to conduct an excavation to contact a regional notification center prior to excavation, and, if practical, to delineate the areas to be excavated. Existing law authorizes the Attorney General, a district attorney, or the state or a local agency that issued a permit to excavate to bring an action for the enforcement of a civil penalty against an operator or excavator who negligently or knowingly and willfully violates the requirements of these and related provisions.

This bill would provide that these requirements may also be enforced by the Contractors’ State License Board or by an action for civil damages brought in a court of competent jurisdiction by the person or entity that has sustained damages due to a violation of these requirements. The bill would provide that an operator or excavator that violates any of these requirements may be required to attend an education program, in addition to, or instead of, any other applicable penalty or enforcement mechanism. The bill would authorize specified entities, which have responsibility for the safety of operator facilities, to require operators and excavators to attend an education program. The bill would require the regional notification centers to post on their Internet Web sites statewide information provided by operators and excavators regarding violations of these requirements and damages resulting from those violations.

The Contractors’ State License Law provides for licensing and regulation of contractors by the Contractors’ State License Board. Existing law requires contractors to obtain special certifications in order to perform asbestos-related work or to engage in hazardous substance removal or remedial action, as specified.

This bill would prohibit a contractor from engaging in any excavation activity, as defined, unless the qualifier for the license had passed an approved excavation certification examination. The bill would require the board to develop a written examination, as specified.

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 all of the
following:

(a) Public health and safety are benefitted by safe excavation
practices that protect underground operator infrastructure.

(b) The law provides various rules and requirements in order
to ensure that excavations that may impact underground operator
infrastructure be done in the safest and most efficient manner
possible.

(c) Violations of excavation rules and requirements may range
from minor violations with no damage to violations that result in
serious damage, including major property damage, service outages,
and serious bodily injury or death.

(d) Violators may range from homeowners or small contractors
to major contractors, operators, and municipalities.

(e) Construction, maintenance, and repair of public
infrastructure, private and public buildings, and residences are an
important part of the economy and the well being of Californians.

(f) Enforcement of excavation rules and requirements should
achieve the public safety goal of safe excavation practices, while
not unduly burdening the operators and excavators involved in the
construction, maintenance, and repair of public infrastructure,
private and public buildings, and residences with unnecessary costs
and time delays.

(g) The enforcement options contained in Section 4 of this act
are intended to achieve both goals by providing the flexibility
needed to apply the enforcement method that will best achieve
safe excavation practices in a given case, and in the most
cost-efficient and timely manner possible.

SEC. 2.  

Section 7058.3 is added to the Business and Professions
Code, to read:

7058.3.  

(a) A contractor shall not engage in any excavation
activity, as defined in subdivision (c) of Section 4216 of the
Government Code, unless the qualifier for the license passes an
approved excavation certification examination.

(b) The Contractors’ State License Board shall develop a written
examination for the certification of contractors engaged in
excavation activities, in consultation with the Division of
Occupational Safety and Health in the Department of Industrial
Relations, the Northern and Southern California One Call Centers,
and the California Common Ground Alliance.

(c) A contractor or an employee of the contractor shall not
excavate unless the contractor or the employee doing the excavation
has passed the excavation certification examination.

(d) A contractor who is not certified may bid on, or contract
for, the excavation if the work is performed by a contractor who
is certified pursuant to this section.

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.

begin insert

(b) “Education program” means a training program in
accordance with the requirements of Section 1509 of Title 8 of the
California Code of Regulations, that meets the minimum training
guidelines and practices of the current Common Ground Alliance
Best Practices.

end insert begin delete

(b)

end delete

begin insert (c) end insert  “Excavation” means begin delete any end delete begin insert an end insert 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.

begin delete

(c)

end delete

begin insert (d) end insert  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 begin delete their end delete begin insert its end insert , or his or her, own
employees or equipment performs any excavation.

begin delete

(d)

end delete

begin insert (e) end insert  “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.

begin delete

(e)

end delete

begin insert (f) end insert  “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.

begin delete

(f)

end delete

begin insert (g) end insert  “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.

begin delete

(g)

end delete

begin insert (h) end insert  “Local agency” means a city, county, city and county, school
district, or special district.

begin delete

(h)

end delete

begin insert (i) end insert  “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.

begin delete

(i)

end delete

begin insert (j) end insert  “Qualified person” means a person who completes a training
program in accordance with the requirements of begin delete Title 8, California
Code of Regulations, Section 1509, end delete begin insert Section 1509 of Title 8 of the
California Code of Regulations, end insert Injury begin insert and Illness end insert Prevention
Program, that meets the minimum training guidelines and practices
of Common Ground Alliance current Best Practices.

begin delete

(j)

end delete

begin insert (k) end insert  “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.

begin delete

(k)

end delete

begin insert (l) end insert  “State agency” means every state agency, department,
division, bureau, board, or commission.

begin delete

(l)

end delete

begin insert (m) end insert  “Subsurface installation” means any underground pipeline,
conduit, duct, wire, or other structure, except nonpressurized
sewerlines, nonpressurized storm drains, or other nonpressurized
drain lines.

SEC. 4.  

Section 4216.6 of the Government Code is amended
to read:

4216.6.  

(a) (1) Any operator or excavator begin delete who end delete begin insert that end insert negligently
violates begin insert a requirement of end insert this article is subject to a civil penalty
in an amount not to exceed ten thousand dollars ($10,000).

(2) Any operator or excavator begin delete who end delete begin insert that end insert knowingly and willfully
violates begin delete any of the provisions end delete begin insert a requirement end insert of this article is subject
to a civil penalty in an amount not to exceed fifty thousand dollars
($50,000).

(3) Except as otherwise begin delete specifically end delete provided in this article, this
section begin delete is not intended to end delete begin insert does not end insert affect any civil remedies
otherwise provided by law for personal injury or for property
damage, including any damage to subsurface installations, nor begin delete is end delete
begin insert does end insert this section begin delete intended to end delete create any new civil remedies for
those injuries or that damage.

(4) This article begin delete shall end delete begin insert does end insert not begin delete be construed to end delete limit any other
begin delete provision of end delete law granting governmental immunity to state or local
agencies or to impose any liability or duty of care not otherwise
imposed by law upon begin delete any end delete begin insert a end insert state or local agency.

(b) An action may be brought by the Attorney General, the
district attorney, or the local or state agency begin delete which end delete begin insert that end insert issued the
permit to excavate, for the enforcement of the civil penalty pursuant
to this section. If penalties are collected as a result of a civil suit
brought by a state or local agency for collection of those civil
penalties, the penalties imposed shall be paid to the general fund
of the agency. If more than one agency is involved in enforcement,
the penalties imposed shall be apportioned among them by the
court in a manner that will fairly offset the relative costs incurred
by the begin delete state or local agencies, or both, end delete begin insert agencies end insert in collecting these
fees.

begin insert

(c) The requirements of this article may also be enforced by
either of the following:

end insert begin insert

(1) The Contractors’ State License Board as provided in Section
7058.3 of the Business and Professions Code.

end insert begin insert

(2) An action for civil damages brought in a court of competent
jurisdiction by the person or entity that has sustained damages
due to a violation of the requirements of this article.

end insert begin insert

(d) In addition to, or instead of, any other penalty or
enforcement mechanism provided by this article, an operator or
excavator that violates any requirement of this article may be
required to attend an education program. The following entities,
which have responsibility for the safety of operator facilities, may
require operators and excavators to attend an education program:

end insert begin insert

(1) The Contractors’ State License Board.

end insert begin insert

(2) The Public Utilities Commission.

end insert begin insert

(3) The State Fire Marshal.

end insert begin insert

(4) The Division of Occupational Safety and Health in the
Department of Industrial Relations.

end insert begin insert

(5) A court of competent jurisdiction.

end insert begin insert

(e) Statewide information provided by operators and excavators
regarding violations of the requirements of this article and
damages resulting from those violations shall be posted on the
Internet Web site of the regional notification centers.

end insert