BILL ANALYSIS �
AB 811
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 811 (Lowenthal)
As Amended June 3, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 13, 2013) |SENATE: |38-0 |(August 15, |
| | | | | |2013) |
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Original Committee Reference: B.,P. & C.P.
SUMMARY : Requires regional notification centers to compile and
make available on their Internet Web sites an annual report
based on statewide information from operators and excavators
regarding mishaps and violations related to excavation.
The Senate amendments:
1)Require regional notification centers to compile and make
available on their Internet Web sites an annual report based
on statewide information from operators and excavators
regarding facility events.
2)Define the term "facility event" to mean "the occurrence of
excavator downtime, damages, near misses, and violations."
3)Define the term "statewide information" to mean "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 Common Ground Alliance's most
recent Best Practices Handbook."
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 compile and post on their Internet Web
sites an annual report based on information from operators and
excavators regarding damage, near misses, violations and
downtime in excavation. The author contends that reporting
AB 811
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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 and excavation . A regional
notification center is a non-profit association or other
organization of operators of subsurface installations that
provide 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.
According to the Contractors' State License Board, "[d]amage
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."
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Current law requires an individual or entity wishing to
perform an excavation and dig, drill, or bore below the ground
to inform the regional 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 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.
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.
Analysis Prepared by : Hank Dempsey / B.,P. & C.P. / (916)
319-3301
FN: 0001722