BILL ANALYSIS �
AB 811
Page 1
Date of Hearing: May 7, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 811 (Lowenthal) - As Amended: April 9, 2013
SUBJECT : Excavations: regional notification center system:
contractor certification.
SUMMARY : Requires regional excavation notification centers to
post on their Internet Web sites statewide information provided
by subsurface installation operators and excavators regarding
excavation notification and marking violations and related
damages.
EXISTING LAW :
1)Requires, except in an emergency, any excavator planning to
perform an excavation to notify the appropriate regional
notification center two to 14 days prior to the excavation
date, in areas known to contain subsurface installations not
owned by the excavator and to mark the excavation area.
(Government Code (Gov. Code) Section 4216.2)
2)Requires an operator of a subsurface installation, upon
receiving a planned excavation notice, to locate and mark the
number of subsurface installations that may be affected by the
excavation, as specified. (Gov, Code 4216.3)
3)Requires an excavator to determine the exact location of
marked subsurface installations using hand tools prior to
using power-driven equipment at the site. (Gov. Code 4216.4)
4)Requires an excavator who damages a subsurface installation to
immediately notify the operator of the subsurface installation
or contact 911 emergency services, as specified. (Gov. Code
4216.4)
5)Provides that an excavator or operator who violates excavation
requirements to be subject to the following:
a) A civil penalty up to $10,000 for negligent violations;
b) A civil penalty up to $50,000 for knowing and willful
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violations;
c) Additional civil remedies provided for in law for
personal injury and property damages;
d) Any actions brought forth by the Attorney General (AG),
district attorney, or local or state agency that issued the
excavation permit, to enforce the civil penalties listed
above. (Gov. Code 4216); or,
e) And, if the contractor is the excavator, any
disciplinary action by the Contractors' State License Board
(CSLB).
6)Provides for the licensing and regulation of construction
contractors by the CSLB within the Department of Consumer
Affairs. (Business and Professions Code Section 7000, et seq.)
7)Creates the following definitions:
a) "Excavation" to mean 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;
b) "Excavator" to mean 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 performs any excavation;
c) "Operator" to mean any person, corporation, partnership,
business trust, public agency, or other entity that owns,
operates, or maintains a subsurface installation;
d) "Regional notification center" to mean a non-profit
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;
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and,
e) "Subsurface installation" to mean any underground
pipeline, conduit, duct, wire, or other structure, except
non-pressurized sewer lines, non-pressurized storm drains,
or other non-pressurized drain lines. (Gov. Code 4216)
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Purpose of this bill . This bill requires regional excavation
notification centers to post on their Internet Web sites
information from operators and excavators regarding violations
of excavation notification and marking requirements and
resulting damages,. The author contends that reporting and
collection of excavation violation data by regulatory entities
is inconsistent and should be made publicly available due to
the dangers that excavation violations can present to the
public. This bill is sponsored by the Underground Service
Alert of Northern California and Nevada, and the Underground
Service Alert of Southern California.
2)Author's statement . According to the author's office, "AB 811
requires the regional notification centers to post dig-in
related information on their Web sites? Many excavators fail
to notify the [regional] call centers of their intent to
perform excavation activity [in violation of existing law].
In addition, many [excavators] fail to properly excavate near
the properly marked facilities. The most significant
violation is beginning excavation prior to receiving a
response detailing any subsurface facilities. These
violations cause millions of dollars in damages.
"There are thousands of dig-in incidents that happen every
year, we just don't learn about them. California does not
have any statewide data on dig-in incidents. This information
will help the Legislature evaluate and identify the
deficiencies in current law, allowing us to make better public
policy decisions."
3)Regional notification centers . Current law requires an
individual or entity wishing to perform an excavation and dig,
drill, or bore below the ground to inform the regional
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notification center of a planned excavation, so owners of
underground facilities in the area can mark their facilities
and prevent excavators from damaging their property. Regional
notification centers in California include, but are not
limited to, the South Shore Utility Coordinating Council, the
Underground Service Alert - Northern California, and the
Underground Service Alert - Southern California. The author's
office has provided examples of fatalities, fires,
evacuations, and damages resulting from excavators severing
underground gas pipelines.
CSLB describes a regional notification center as "an
association of owners and operators of subsurface
installations (water, gas, electric, telephone, sewer, oil
lines, etc.). Damage to underground structures may result in
the disruption of essential services and pose a threat to
workers, the public, and environmental safety. The purpose of
the center is to provide a single telephone number that
excavators can use to give the center's members advance
notification of their intent to excavate. The operators of
the underground installations are then responsible for
providing information about the locations of the facility, or
marking or staking the approximate location of their facility,
or advising the excavator of clearance. The operators are
only responsible for any facility they own."
Contractors who do not need an excavation permit are exempt
from excavation notification requirements. Excavators who
damage subsurface installations are required to notify
operators and depending on the severity, 911 emergency
services.
4)Penalties for notification violations . Excavators and
operators who negligently or willfully violate notification
and marking procedures may be fined or subject to additional
civil damages. Existing law limits penalties for negligent
excavation to no more than $10,000, and violations that are
knowing and willful to no more than $50,000.
This bill would require regional notification centers to post
on their Web sites statewide information provided by
excavators and operators on excavation notification violations
and the damages caused by those violations.
5)Arguments in support . According to the sponsor, the
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Underground Service Alert of Northern California and Nevada
(USA North 811) "supports safe excavation practices and
believes it is important to protect homeowners, contractors,
and excavators from the dangers associated with digging before
calling. AB 811 would further the common goal of excavation
safety through the creation of a statewide information
database on damages that would be submitted anonymously and
voluntarily by damage prevention stakeholders."
According to the Pacific Gas and Electric Company (PG&E),
"Excavation damage is among the leading causes of pipeline
accidents in the United States. In 2012, PG&E experienced
over 1,000 incidents where a third party dug into its natural
gas pipelines or electric power lines without calling [a
regional notification center]. Striking and damaging
underground gas and electric lines create a serious safety
concern for the excavator and the public. It can also impact
gas and electric service to homes, schools and hospitals in
the community? By gathering information in a central
location, regulators, infrastructure operators, and excavators
can have a common source of information from which to identify
potential problems and use to develop solutions."
6)Previous legislation . AB 1514 (Lowenthal) of 2012 would have
increased civil penalties for violations of excavation laws
and would have authorized the Public Utilities Commission to
prescribe rules for public utilities that are conduct
subsurface operations and provide information to the State
Attorney General or local district attorney on matters
involving excavation violations. AB 1514 was held in Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Underground Service Alert of Northern California and Nevada
(co-sponsor)
Underground Service Alert of Southern California (co-sponsor)
AT&T
Pacific Gas and Electric Company
Southern California Edison
Opposition
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None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301