Amended in Senate January 4, 2016

Amended in Senate April 13, 2015

Senate BillNo. 661


Introduced by Senator Hill

February 27, 2015


begin deleteAn act to amend Sections 755 and 756 of, to amend, repeal, and add Sections 401.17, 1152, 1153, and 1155 of, to add Sections 100.51, 721.51, 828.1, and 1157 to, and to amend and repeal Section 1153.5 of, the Revenue and Taxation Code, relating to taxation. end deletebegin insertAn act to amend Sections 4216, 4216.1, 4216.2, 4216.3, 4216.4, 4216.5, 4216.6, 4216.7, 4216.8, and 4216.9 of, and to add Sections 4216.12, 4216.13, 4216.14, 4216.15, 4216.16, 4216.17, 4216.18, 4216.19, 4216.20, 4216.21, and 4216.22 to, the Government Code, to add Sections 17921.11 and 18940.8 to the Health and Safety Code, and to amend Sections 955.5 and 1702.5 of, and to add Sections 320.5, 911.2, and 971 to, the Public Utilities Code, relating to excavations.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 661, as amended, Hill. begin deleteProperty taxation: state assessment: commercial air carrier personal property. end deletebegin insertProtection of subsurface installations.end insert

begin insert

Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires any person who plans to conduct any excavation to contact the appropriate regional notification center before commencing that excavation, as specified. Existing law defines a subsurface installation as any underground pipeline, conduit, duct, wire, or other structure. Existing law requires an operator of a subsurface installation, who receives notification of proposed excavation work, within 2 working days of that notification, excluding weekends and holidays, to mark the approximate location and number of subsurface installations that may be affected by the excavation or to advise that no subsurface installations operated by him or her would be affected. Existing law requires an operator of a subsurface installation that has failed to comply with these provisions to be liable to the excavator for damages, costs, and expenses.

end insert
begin insert

This bill, the Dig Safe Act of 2016, would declare the need to clarify and revise these provisions. The bill would define and redefine various terms relating to a regional notification center. The bill would expand the definition of a subsurface installation to include an underground structure or submerged duct, pipeline, or structure, except as specified.

end insert
begin insert

The bill would require an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. The bill would require an operator, before the legal start date and time of the excavation, to locate and field mark, within the area delineated for excavation, its subsurface installations. The bill would require an operator to maintain and preserve all plans and records for any subsurface installation owned by that operator as that information becomes known, as specified.

end insert
begin insert

This bill would prohibit an excavator that damages a subsurface installation due to an inaccurate field mark, as defined, by an operator from being liable for damages, replacement costs, or other expenses arising from damage to the subsurface installation, provided that the excavator complied with the provisions described above.

end insert
begin insert

The bill would delete the existing exemptions pertaining to an owner of real property and would instead exempt an owner of residential real property who, as part of improving his or her principal residence, is performing, or is having performed, an excavation using hand tools that does not require a permit, as specified.

end insert
begin insert

The bill would also require the Public Utilities Commission and the Office of the State Fire Marshal to enforce the requirement to locate and field mark subsurface installations and lines against operators of natural gas and electric underground infrastructure and hazardous liquid pipelines, unless these operators are municipal utilities.

end insert
begin insert

This bill, if specified funds are appropriated by the Legislature and authority to hire sufficient staff is granted to the Contractors’ State License Board, would create the California Underground Facilities Safe Excavation Advisory Committee under, and assisted by the staff of, the Contractors’ State License Board, in the Department of Consumer Affairs. The bill would require the committee to coordinate education and outreach activities, develop standards, and investigate violations of the provisions described above, as specified. The bill would also require the advisory committee, by December 31, 2018, and in consultation with the Department of Food and Agriculture, to make recommendations, informed by a specified study, that addresses the long-term treatment of agricultural activities in relation to subsurface excavation, and whether those provisions are appropriate or could be modified in ways to promote participation in safe agricultural practices around high priority subsurface installations, as specified.

end insert
begin insert

The advisory committee would be composed of 9 members who would serve 2-year terms, and 2 nonvoting ex officio members who may be invited by the appointed members of the committee. The bill would authorize the advisory committee, commencing on January 1, 2018, to use compliance audits in furthering the purposes of these provisions. The bill would require the advisory committee to conduct an annual meeting on or before February 1, 2018, and each year thereafter, to report to the Governor and the Legislature on its activities and any recommendations.

end insert
begin insert

The California Building Standards Law requires state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Under existing law, if a state agency does not have authority to adopt building standards applicable to state buildings, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the California Building Standards Code in its entirety once every 3 years. Existing law requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the commission and to adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupants and the public involving buildings and building construction.

end insert
begin insert

This bill would require the department and the commission to develop, and propose for adoption by the commission of, building standards requiring all new residential and nonresidential nonpressurized building sewers that connect from building structures to the public right-of-way or applicable utility easement to include the installation of tracer wire or tape, as specified. The bill would authorize the department and the commission to expend funds from the existing Building Standards Administration Special Revolving Fund for this purpose, upon appropriation.

end insert
begin insert

The bill would create the Safe Energy Infrastructure and Excavation Fund in the State Treasury and would provide that moneys deposited into the fund are to be used to cover the administrative expenses of the advisory committee, upon appropriation by the Legislature. The bill would authorize the Public Utilities Commission to use excess moneys in the fund for specified purposes relating to the safety of underground utilities, upon appropriation by the Legislature.

end insert
begin insert

The Natural Gas Pipeline Safety Act of 2011, within the Public Utilities Act, designates the Public Utilities Commission as the state authority responsible for regulating and enforcing intrastate gas pipeline transportation and pipeline facilities pursuant to federal law, including the development, submission, and administration of a state pipeline safety program certification for natural gas. Existing federal law requires each operator of a buried gas pipeline to carry out a program to prevent damage to that pipeline from excavation activities, as specified.

end insert
begin insert

The bill would require the Public Utilities Commission, no later than February 1, 2019, to report to the Legislature and to the California Underground Facilities Safe Excavation Advisory Committee an analysis of excavation damage to commission-regulated pipeline facilities. The bill would also require each gas corporation, as part of its damage prevention program, to collect certain information until January 1, 2020, to inform its outreach activities, and to report this information annually until January 1, 2020, to the Public Utilities Commission and the California Underground Facilities Safe Excavation Advisory Committee, as specified. The bill would also require each gas corporation to estimate Californians’ use of regional notification centers, as specified, and to provide this estimate to the commission and the advisory committee on or before July 1, 2017.

end insert
begin insert

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

end insert
begin insert

Because the requirements described above are within the act, a violation of these requirements would impose a state-mandated local program by creating a new crime.

end insert
begin insert

Existing law requires the Public Utilities Commission to develop and implement a safety enforcement program that is applicable to gas corporations and electrical corporations and that includes procedures for monitoring, data tracking and analysis, and investigations, as well as issuance of citations by commission staff, under the direction of the executive director of the commission, for correction and punishment of safety violations. That law requires the commission to develop and implement an appeals process to govern issuance and appeal of citations, or resolution of corrective action orders. That law requires the commission to implement the safety enforcement program for gas safety by July 1, 2014, and for electrical safety by January 1, 2015.

end insert
begin insert

This bill would require that moneys collected as a result of the issuance of citations to gas corporations and electrical corporations pursuant to the above-described law be deposited in the Safe Energy Infrastructure and Excavation Fund.

end insert
begin insert

The bill would make other conforming and clarifying changes.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing property tax law requires the personal property of an air carrier to be taxed at its fair market value, and the California Constitution requires property subject to ad valorem property taxation to be assessed in the county in which it is situated. Existing law, through the 2015-16 fiscal year, specifies a formula to determine the fair market value of certificated aircraft of a commercial air carrier, and rebuttably presumes that the amount determined pursuant to this formula is the fair market value of the certificated aircraft.

end delete
begin delete

The California Constitution requires the State Board of Equalization to assess specified properties owned by specified entities. Existing property tax law provides for the valuation of properties of a state assessee that owns property in more than one county. Existing law also provides, pursuant to specified formulas, for the application in each county of specified tax rates to the allocated assessed value of a state assessee’s property, and for the allocation among jurisdictions in that county of the resulting revenues.

end delete
begin delete

This bill would, from the lien date for the 2017-18 fiscal year and each fiscal year thereafter, require the board to assess personal property that is owned by a commercial air carrier, as defined, in a manner consistent with currently specified procedures that determine the extent that the certificated aircraft is physically present in each county within the state. The bill would require the board to determine the fair market value of certificated aircraft according to the formula described above. This bill would require the board to notify county assessors, as specified, if a commercial air carrier’s taxable personal property includes fixtures that are to be locally assessed as real property. This bill would require that the revenues derived from the assessment of this property be allocated in the same percentage shares as revenues derived from locally assessed property among the jurisdictions in which the property is located. This bill would also make conforming changes to related provisions. The bill would also require the board to conduct an audit of a commercial air carrier every four years, as specified.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P6    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

This act shall be known, and may be cited, as the
2Dig Safe Act of 2016.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares all of the following:

end insert
begin insert

4(a) For the state’s “one-call” law to be effective, it needs greater
5clarity and effective enforcement, and it must foster communication
6between operators of subsurface installations and the various types
7of excavators in California.

end insert
begin insert

8(b) Regional notification centers, or “one-call” centers, have
9developed means of electronic communication that improve the
10efficiency of the “one-call” process, and statutory barriers to using
11new methods of notification should be eliminated.

end insert
begin insert

12(c) Electronic positive response is a means to communicate the
13status of responses to an excavator’s notice of excavation via the
14one-call center and provides the safety benefit that an excavator
15has an easy means to know whether or not all of the utilities within
16the excavation area have marked their subsurface installations.

end insert
begin insert

17(d) The delineation by an excavator of the area to be excavated
18in advance of the field location and marking by subsurface facility
19operators of their installations aids the excavator in understanding
20where subsurface installations were marked, and thus improves
21safety. This practice was recommended by the National
P7    1Transportation Safety Board in its 1997 study “Protecting Public
2Safety through Excavation Damage Prevention” and is a best
3practice of the Common Ground Alliance.

end insert
begin insert

4(e) Continuing an excavation after an excavation “ticket” has
5expired does not promote safety, and excavators should renew
6their ticket with the one-call center before expiration. Continuing
7excavation when markings are no longer visible does not promote
8safety, and excavators should stop work until the subsurface
9installations are remarked.

end insert
begin insert

10(f) Increased communication between subsurface installation
11operators and excavators before breaking ground has safety
12benefits.

end insert
begin insert

13(g) Construction sites often have many parties conducting
14different, ongoing work, and so the inherent safety risks associated
15with that work can be increased by a failure of these parties to
16effectively communicate. Excavators, operators of subsurface
17installations, and locators have a responsibility to communicate
18with other parties before entering these worksites, which may
19require advance schedule coordination, and also have a
20responsibility to observe the safety requirements set for those
21worksites.

end insert
begin insert

22(h) Abandoned subsurface installations can be mistaken for
23active subsurface installations that are marked, and thus present
24a safety risk to excavators and the public. Safety will be improved
25if subsurface facility operators identify these subsurface
26installations when their existence is known.

end insert
begin insert

27(i) The ability of an operator of subsurface installations to locate
28and mark affected installations can be seriously impaired by a
29lack of high-quality records of those installations, and thus
30operators should keep records of their facilities for as long as they
31are in the ground, whether or not they are in use.

end insert
begin insert

32(j) Failure by an operator of subsurface installations to mark
33 the installations within the required two-working-day period is a
34serious breach of duty.

end insert
begin insert

35(k) While an operator has two working days after an excavator’s
36call to the one-call center to mark its subsurface installations,
37failure of that operator to do so does not relieve the excavator of
38the safety responsibility to wait until the operator has marked
39before commencing excavation.

end insert
begin insert

P8    1(l) Mismarks by an operator place excavators and the public
2at great safety risk, and so operators who mismark their
3installations are entitled to no award for any damages to those
4installations.

end insert
begin insert

5(m) Installations that are embedded in pavement require more
6extensive communication among operators, locators, and
7excavators to prevent the installations from being damaged.

end insert
begin insert

8(n) Exemptions that allow a class of persons to excavate without
9calling 811 are to be permitted only if alternative procedures allow
10the excavation to take place without compromising safety.

end insert
begin insert

11(o) The Department of Transportation controls access to the
12state right-of-way by the traveling public, excavators, and
13contractors through the encroachment permit process authorized
14in Article 2 (commencing with Section 670) of Chapter 3 of
15Division 1 of the Streets and Highways Code. Recognizing that
16the public is not always aware where the state right-of-way exists,
17and that the Department of Transportation operates subsurface
18installations in the state right-of-way, the Department of
19Transportation shall facilitate clear communication channels with
20those working around the state right-of-way, with utility companies,
21and with the regional notification centers to promote safety and
22to prevent damage to subsurface installations.

end insert
begin insert

23(p) Insufficient information exists on how to best achieve safety
24when conducting agricultural activities around subsurface
25installations, and a study, informed by data collected about
26damages in agricultural areas is needed to determine effective and
27appropriate safety measures.

end insert
begin insert

28(q) Prevention of boring through sewer laterals with natural
29gas and other subsurface installation services may be achieved
30through reasonable care in the use of trenchless excavating
31technologies. Indication of the location of sewer laterals can aid
32in prevention of these cross-bores.

end insert
begin insert

33(r) The exemption that permits private property owners to dig
34on their property without calling a regional notification center to
35have the area marked for subsurface installations does not have
36a basis in safety.

end insert
begin insert

37(s) The exemption that permits homeowners to conduct
38excavation on their property with heavy machinery or when there
39is a utility easement on his or her property does not have a basis
40in safety.

end insert
begin insert

P9    1(t) Behaviors that are suspected to be unsafe, but upon which
2there is not widespread agreement as to the level of risk and,
3therefore, are unregulated, must be monitored to better assess the
4risk.

end insert
begin insert

5(u) The Study on the Impact of Excavation Damage on Pipeline
6Safety, submitted by the United States Department of
7Transportation to Congress on October 9, 2014, reported that
8other states have found that exemption of landscape maintenance
9activities of less than 12 inches deep, when performed with hand
10tools, does not appear to have a significant impact on safety. The
11report cautions, however, that while those activity-based
12exemptions may be acceptable, they should be supported by
13sufficient data.

end insert
begin insert

14(v) Insufficient data exists on the safety risks of the installation
15of temporary real estate signposts; therefore, it is important that
16natural gas distribution companies collect information on whether
17damages are caused by these signposts.

end insert
begin insert

18(w) Gas corporations have ready access to information about
19damages that occur on their subsurface installations and should
20collect relevant data to inform future discussions regarding the
21risk of notification exemptions.

end insert
begin insert

22(x) Other states have experienced a dramatic improvement in
23safety after implementing centralized administrative oversight of
24one-call laws.

end insert
begin insert

25(y) California should have an advisory committee, composed
26of excavation stakeholders, subject to oversight by the Legislature
27and the Department of Finance, to perform three major tasks,
28which are to coordinate the diverse education and outreach efforts
29undertaken by state and local agencies, operators, and excavators
30throughout the state and issue grants for targeted efforts, to study
31excavation questions and develop standards that clarify best
32practices, and to investigate potential violations of the one-call
33law that inform both the standards it is to develop and potential
34enforcement actions. Due to the size of the state, and in order to
35reduce costs, the advisory committee should meet in northern and
36southern California.

end insert
begin insert

37(z) The advisory committee should not be funded through the
38General Fund, but should be funded through fines levied on gas
39and electric corporations for safety violations, instead of having
40those fines go to the General Fund.

end insert
P10   1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4216 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert

3

4216.  

As used in this article the following definitions apply:

4(a) begin delete“Approximate location of end deletebegin insert“Abandoned end insertsubsurface
5begin delete installations”end deletebegin insert installation”end insert means abegin delete strip of land not more than 24
6inches on either side of the exterior surface of theend delete
begin insert subsurface
7installation that is no longer in service and is physically
8disconnected from any active or inactiveend insert
subsurface installation.
9begin delete “Approximate location” does not mean depth.end delete

begin insert

10(b) “Active subsurface installation” means a subsurface
11installation currently in use or currently carrying service.

end insert
begin insert

12(c) “Advisory Committee” means the California Underground
13Facilities Safe Excavation Advisory Committee.

end insert
begin insert

14(d) “Delineate” means to mark in white the location or path of
15the proposed excavation using the guidelines in Appendix B of the
16“Guidelines for Excavation Delineation” published in the most
17recent version of the Best Practices guide of the Common Ground
18Alliance. If there is a conflict between the marking practices in
19those guidelines and other provisions of this article, this article
20shall control. “Delineation” also includes physical identification
21of the area to be excavated using pink marking, if an excavator
22makes a determination that standard delineation may be misleading
23to those persons using affected streets and highways, or be
24misinterpreted as a traffic or pedestrian control, and the excavator
25has contacted the regional notification center to advise the
26operators that the excavator will physically identify the area to be
27excavated using pink markings.

end insert
begin insert

28(e) “Electronic positive response” means an electronic response
29from an operator to the regional notification center providing the
30status of an operator’s statutorily required response to a ticket.

end insert
begin insert

31(f) (1) “Emergency” means a sudden, unexpected occurrence,
32involving a clear and imminent danger, demanding immediate
33action to prevent or mitigate loss of, or damage to, life, health,
34property, or essential public services.

end insert
begin insert

35(2) “Unexpected occurrence” includes, but is not limited to, a
36fire, flood, earthquake or other soil or geologic movement, riot,
37accident, damage to a subsurface installation requiring immediate
38repair, or sabotage.

end insert
begin delete

39(b)

end delete

P11   1begin insert(g)end insertbegin insertend insertbegin insert(1)end insert “Excavation” means any operation in which earth, rock,
2begin insert pavement,end insert or other material in the ground is moved, removed, or
3otherwise displaced by means of tools, equipment, or explosives
4in any of the following ways: grading, trenching, digging, ditching,
5drilling, augering, tunneling, scraping, cable or pipe plowing and
6driving,begin insert gouging, crushing, jack hammering, saw cutting,end insert or any
7other way.

begin insert

8(2) For purposes of this article, “excavation” does not include
9any of the following:

end insert
begin insert

10(A) Landscape maintenance activity that is performed with hand
11tools at a depth of no more than 12 inches. Landscape maintenance
12activity includes all of the following:

end insert
begin insert

13(i) Aeration, dethatching, and cutting of vegetation, including
14lawn edging.

end insert
begin insert

15(ii) Installation or replacement of ground cover and plant life.

end insert
begin insert

16(iii) Minor fixes to existing drainage and sprinkler systems.

end insert
begin insert

17(B) Operator maintenance activities that are performed with
18hand tools around an operator’s facilities that traverse from above
19the ground to below ground in areas known, or reasonably
20believed, to contain only the operator’s facilities. Operator
21maintenance activities include all of the following:

end insert
begin insert

22(i) Clearing soil, debris, or vegetation from around or inside
23vaults, casings, and other in-ground structures that house an
24operator’s facilities.

end insert
begin insert

25(ii) Moving, removing, or displacing soil for the specific purpose
26of mitigating or preventing corrosion to pipeline facilities such as
27gas meters, risers, pipes, and valves located above ground or inside
28vaults, casings, and other in-ground structures.

end insert
begin insert

29(iii) Replacing or repairing an operator’s facilities located
30above ground or inside vaults, casings, and other in-ground
31structures.

end insert
begin insert

32(iv) Repairing or replacing vaults, casings, and other in-ground
33structures that house an operator’s facilities.

end insert
begin insert

34(C) Routine digging, grading, and scraping or similar operations
35in a flood control area known, or reasonably known, not to contain
36substructures, in connection with debris, vegetation, sediment, or
37mudflow removal for the purposes of flood control if the flood
38control facility is owned by a county, city, city and county, flood
39control district, or similar special district, and the activity is
P12   1performed by or for the county, city, city and county, flood control
2district, or similar special district.

end insert
begin insert

3(D) This paragraph shall become inoperative on January 1,
42020.

end insert
begin insert

5(3) The exclusion of the activities in paragraph (2) from the
6definition of “excavation” shall not be used to discourage a person
7planning to perform those activities from voluntarily notifying a
8regional notification center pursuant to Section 4216.2, and does
9not relieve an operator of a subsurface installation from the
10obligation to locate and field mark pursuant to Section 4216.3
11following the notification. The exclusion of activities in paragraph
12(2) does not relieve a person performing those activities from a
13duty of reasonable care to prevent damage to subsurface
14installations, and failure to exercise reasonable care may result
15in liability for damage to a subsurface installation that is
16proximately caused by those activities.

end insert
begin delete

17(c)

end delete

18begin insert(h)end insert Except as provided in Section 4216.8, “excavator” means
19any person, firm, contractor or subcontractor, owner, operator,
20utility, association, corporation, partnership, business trust, public
21agency, or other entity that, withbegin delete their,end deletebegin insert his, her,end insert orbegin delete his or her,end deletebegin insert itsend insert
22 own employees orbegin delete equipmentend deletebegin insert equipment,end insert performs any excavation.

begin delete

23(d) “Emergency”

end delete

24begin insert(i)end insertbegin insertend insertbegin insert“Hand tool”end insert means abegin delete sudden, unexpected occurrence,
25involving a clear and imminent danger, demanding immediate
26action to prevent or mitigate loss of, or damage to, life, health,
27property, or essential public services. “Unexpected occurrence”
28includes, butend delete
begin insert piece of equipment used for excavating that uses
29human power andend insert
is notbegin delete limited to, fires, floods, earthquakesend delete
30begin insert powered by any motor, engine, hydraulic,end insert orbegin delete other soil or geologic
31movements, riots, accidents, damage to a subsurface installation
32requiring immediate repair, or sabotage.end delete
begin insert pneumatic device.end insert

begin delete

33(e)

end delete

34begin insert(j)end insert “High priority subsurface installation” means high-pressure
35natural gas pipelines with normal operating pressures greater than
36415kPA gauge (60psig), petroleum pipelines, pressurized sewage
37pipelines, high-voltage electric supply lines, conductors, or cables
38that have a potential to ground of greater than or equal to 60kv, or
39hazardous materials pipelines that are potentially hazardous to
40workers or the public if damaged.

begin insert

P13   1(k) “Inactive subsurface installation” means both of the
2following:

end insert
begin insert

3(1) The portion of an underground subsurface installation that
4is not in use but is still connected to the subsurface installation,
5or to any other subsurface installation, that is in use or still carries
6service.

end insert
begin insert

7(2) A new underground subsurface installation that has not
8been connected to any portion of an existing subsurface
9installation.

end insert
begin delete

10(f) “Inquiry identification number”

end delete

11begin insert(end insertbegin insertlend insertbegin insert)end insertbegin insertend insertbegin insert“Legal excavation start date and time”end insert meansbegin insert at least two
12working days, not includingend insert
thebegin delete number that is provided by a
13regional notification centerend delete
begin insert date of notification, or upend insert tobegin delete every
14person who contacts the center pursuant to Section 4216.2. The
15inquiry identification number shall remain valid for not more than
1628end delete
begin insert 14end insert calendar days from the date ofbegin delete issuance, and after that date
17shall require regional notification center revalidation.end delete
begin insert notification,
18if so specified by the excavator.end insert

begin delete

19(g)

end delete

20begin insert(m)end insert “Local agency” means a city, county, city and county, school
21district, or special district.

begin insert

22(n) (1) “Locate and field mark” means to indicate the existence
23of any owned or maintained subsurface installations by using the
24guidelines in Appendix B of the “Guidelines for Operator Facility
25Field Delineation” published in the most recent version of the Best
26Practices guide of the Common Ground Alliance and in
27conformance with the uniform color code of the American Public
28Works Association. If there is a conflict between the marking
29 practices in the guidelines and this article, this article shall control.

end insert
begin insert

30(2) “Locate and field mark” does not require an indication of
31the depth.

end insert
begin insert

32(o) “Near miss” means an event in which damage did not occur,
33but a clear potential for damage was identified.

end insert
begin delete

34(h)

end delete

35begin insert(p)end insert “Operator” means any person, corporation, partnership,
36business trust, public agency, or other entity that owns, operates,
37or maintains a subsurface installation. For purposes of Section
384216.1, an “operator” does not include an owner of real property
39where subsurfacebegin delete facilitiesend deletebegin insert installationsend insert are exclusively located if
40they are used exclusively to furnish services on that property and
P14   1the subsurface facilities are under the operation and control of that
2owner.

begin insert

3(q) “Pavement” means a manmade surface material that cannot
4be removed with a conventional hand tool.

end insert
begin insert

5(r) “Positive response” means the response from an operator
6directly to the excavator providing the status of an operator’s
7statutorily required response to a ticket.

end insert
begin delete

8(i)

end delete

9begin insert(s)end insert “Qualified person” means a person who completes a training
10program in accordance with the requirements ofbegin insert Section 1509 ofend insert
11 Titlebegin delete 8,end deletebegin insert 8 of theend insert California Code of Regulations,begin delete Section 1509,
12Injuryend delete
begin insert Injury and Illnessend insert Prevention Program, that meets the
13minimumbegin insert locatorsend insert training guidelines and practicesbegin insert published in
14the most recent versionend insert
ofbegin insert the Best Practices guide of theend insert Common
15Groundbegin delete Alliance current Best Practices.end deletebegin insert Alliance.end insert

begin delete

16(j)

end delete

17begin insert(t)end insert “Regional notification center” means a nonprofit association
18or other organization of operators of subsurface installations that
19provides advance warning of excavations or other work close to
20existing subsurface installations, for the purpose of protecting
21those installations from damage, removal, relocation, or repair.

begin delete

22(k)

end delete

23begin insert(u)end insert “State agency” means every state agency, department,
24division, bureau, board, or commission.

begin delete

25(l)

end delete

26begin insert(v)end insert “Subsurface installation” means any undergroundbegin insert or
27submerged duct,end insert
pipeline,begin insert or structure, including, but not limited
28to, aend insert
conduit, duct,begin insert line, pipe,end insert wire, or other structure, except
29nonpressurized sewerlines, nonpressurized storm drains, or other
30nonpressurized drain lines.

begin insert

31(w) “Ticket” means an excavation location request issued a
32number by the regional notification center.

end insert
begin insert

33(x) “Tolerance zone” means 24 inches on each side of the field
34marking placed by the operator in one of the following ways:

end insert
begin insert

35(1) Twenty-four inches from each side of a single marking,
36assumed to be the centerline of the subsurface installation.

end insert
begin insert

37(2) Twenty-four inches plus one-half the specified size on each
38side of a single marking with the size of installation specified.

end insert
begin insert

P15   1(3) Twenty-four inches from each outside marking that
2graphically shows the width of the outside surface of the subsurface
3installation on a horizontal plane.

end insert
begin insert

4(y) “Working day” for the purposes of determining excavation
5start date and time means a weekday Monday through Friday,
6from 7:00 a.m. to 5:00 p.m., except for federal holidays and state
7holidays, as defined in Section 19853, or as otherwise posted on
8the Internet Web site of the regional notification center.

end insert
9begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 4216.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert

11

4216.1.  

Every operator of a subsurface installation, except the
12Department of Transportation, shall become a member of,
13participate in, and share in the costs of, a regional notification
14center. Operators of subsurface installations who are members of,
15participate in, and share in, the costs of a regional notification
16center, including, but not limited to, thebegin delete South Shore Utility
17Coordinating Council, theend delete
Underground Service Alert--Northern
18California or the Underground Service Alert--Southern California
19are in compliance with this section and Section 4216.9.

20begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4216.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

4216.2.  

begin insert

(a) Before notifying the appropriate regional
23notification center, an excavator planning to conduct an excavation
24shall delineate the area to be excavated. If the area is not
25delineated, an operator may, at the operator’s discretion, choose
26not to locate and field mark until the area to be excavated has
27been delineated.

end insert
begin delete

28(a) (1)

end delete

29begin insert(b)end insert Except in an emergency,begin delete any personend deletebegin insert an excavatorend insert planning
30to conductbegin delete anyend deletebegin insert anend insert excavation shallbegin delete contactend deletebegin insert notifyend insert the appropriate
31regional notificationbegin delete center,end deletebegin insert center of the excavator’s intent to
32excavateend insert
at least two working days,begin delete butend deletebegin insert andend insert not more than 14
33calendar days,begin delete prior to commencingend deletebegin insert before beginningend insert that
34begin delete excavation, ifend deletebegin insert excavation. The date ofend insert thebegin delete excavation will be
35conducted in an area that is known, or reasonably should be known,
36to contain subsurface installations otherend delete
begin insert notification shall not count
37as part of the two-working-day notice. If an excavator gives less
38noticeend insert
than thebegin delete underground facilities owned or operated byend deletebegin insert legal
39excavation start date and time andend insert
thebegin delete excavator and, if practical,end delete
40begin insert excavation is not an emergency,end insert thebegin insert regional notification center
P16   1will take the information and provide a ticket, but an operator has
2until the legal excavation start date and time to respond. However,
3anend insert
excavatorbegin delete shall delineate with white paint or other suitable
4markings the area to be excavated.end delete
begin insert and an operator may mutually
5agree to a different notice and start date.end insert

begin delete

6(2)

end delete

7begin insert(c)end insert When the excavation is proposed within 10 feet of abegin delete high
8priorityend delete
begin insert high-priorityend insert subsurface installation, the operator of the
9begin delete high priorityend deletebegin insert high-priorityend insert subsurface installation shall notify the
10excavator of the existence of thebegin delete high priorityend deletebegin insert high-priorityend insert
11 subsurface installation prior to the legal excavation start date and
12time,begin delete as such dateend delete andbegin delete time are authorized pursuant to paragraph
13(1) of subdivision (a) of Section 4216.2. The excavator and operator
14or its representative shall conductend delete
begin insert set upend insert an onsite meeting at a
15begin delete mutually-agreed-onend deletebegin insert mutually agreed uponend insert time to determine
16actions or activities required to verify the locationbegin delete of the high
17priority subsurface installations prior to start time.end delete
begin insert and prevent
18damage to the high-priority subsurface installation. The excavator
19shall not begin excavating until after the completion of the onsite
20meeting.end insert

begin delete

21(b)

end delete

22begin insert(d)end insert Except in an emergency, every excavator covered by Section
234216.8 planning to conduct an excavation on private propertybegin insert that
24does not require an excavation permitend insert
may contact the appropriate
25regional notification center if the private property is known, or
26reasonably should be known, to contain a subsurface installation
27other than the underground facility owned or operated by the
28begin delete excavator and, if practical,end deletebegin insert excavator. Before notifyingend insert the
29begin delete excavator shall delineate with white paint or other suitable
30markingsend delete
begin insert appropriate regional notification center, an excavator
31shall delineateend insert
the area to be excavated.begin insert Any temporary marking
32placed at the planned excavation location shall be clearly seen,
33functional, and considerate to surface aesthetics and the local
34community. An excavator shall check if any local ordinances apply
35to the placement of temporary markings.end insert

begin insert

36(e) If an excavator gives less than the legal excavation start
37date and time and it is not an emergency, the regional notification
38center shall take the information and provide a ticket but an
39operator shall have until the legal excavation start date and time
40to respond.

end insert
begin delete

P17   1(c)

end delete

2begin insert(f)end insert The regional notification center shall providebegin delete an inquiry
3identification numberend delete
begin insert a ticketend insert to the person who contacts the center
4pursuant to this section and shall notify any member, if known,
5who has a subsurface installation in the area of the proposed
6excavation.begin delete An inquiry identification number mayend deletebegin insert A ticket shallend insert
7 bebegin delete validatedend deletebegin insert validend insert forbegin delete more thanend delete 28 daysbegin delete when mutually agreed
8betweenend delete
begin insert fromend insert thebegin delete excavator and any member operator so notified
9that has a subsurface installation in the area ofend delete
begin insert date of issuance. If
10work continues beyond 28 days,end insert
thebegin delete proposed excavation; and, it
11may be revalidatedend delete
begin insert excavator shall update the ticket eitherend insert by
12begin delete notification toend deletebegin insert accessingend insert thebegin delete regional notification centerend deletebegin insert center’s
13Internet Web site orend insert
bybegin insert calling “811” byend insert thebegin delete excavator prior toend delete
14begin insert end ofend insert thebegin delete time of its expiration.end deletebegin insert 28th day.end insert

begin delete

15(d)

end delete

16begin insert(g)end insert A record of all notifications bybegin delete excavators and operatorsend deletebegin insert an
17excavator or operatorend insert
to the regional notification center shall be
18maintained for a period of not less than three years. The record
19shall be available for inspection by the excavator and any member,
20or their representative, during normal working hours and according
21to guidelines for inspection as may be established by the regional
22notification centers.

begin delete

23(e) As used in this section,

end delete

24begin insert(h)end insertbegin insertend insertbegin insertUnless an emergency exists, an excavator shall not begin
25excavation untilend insert
thebegin delete delineation is practical when anyend deletebegin insert excavator
26receives a positive response from all known subsurface installations
27within the delineated boundariesend insert
of thebegin delete following conditions exist:end delete
28begin insert proposed area of excavation.end insert

begin delete end deletebegin delete

29(1) When delineating a prospective excavation site with white
30paint could not be misleading to those persons using affected streets
31and highways.

end delete
begin delete end deletebegin delete

32(2) When the delineation could not be misinterpreted as a traffic
33or pedestrian control.

end delete
begin delete end deletebegin delete

34(3) Where

end delete

35begin insert(i)end insertbegin insertend insertbegin insertIf a site requires special access,end insert an excavatorbegin delete can determine
36the exact location ofend delete
begin insert shall requestend insert anbegin delete excavation priorend deletebegin insert operatorend insert to
37begin insert contactend insert thebegin delete time an area has been field marked pursuant to Section
384216.3.end delete
begin insert excavator regarding that special access or give special
39instructions on the location request.end insert

begin delete end deletebegin delete

40(4) Where delineation could not be construed as duplicative.

end delete
begin delete end deletebegin delete

P18   1(f) Where

end delete

2begin insert(j)end insertbegin insertend insertbegin insertIf a ticket obtained byend insert an excavatorbegin delete makes a determination
3that itend delete
begin insert expires but workend insert isbegin delete not practical to delineateend deletebegin insert ongoing,end insert the
4begin delete area to be excavated, theend delete excavator shallbegin delete contactend deletebegin insert call intoend insert the
5regional notification centerbegin delete to advise the operators that the
6excavator shall identify the area to be excavated in another manner
7sufficient to enable the operator to determine the areaend delete
begin insert and get a
8new ticket and wait a minimum of two working days, not including
9the dateend insert
ofbegin delete theend deletebegin insert call in, before restarting excavation. Allend insert excavation
10begin delete to be field marked pursuant to Section 4216.3.end deletebegin insert shall cease during
11the waiting period.end insert

12begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 4216.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
13to read:end insert

14

4216.3.  

(a) (1) begin deleteAny operator of a subsurface installation who
15receives timely notification of any proposed excavation work in
16accordance with Section 4216.2 shall, within two working days
17of that notification, excluding weekends and holidays, or before end delete

18begin insert(A)end insertbegin insertend insertbegin insertUnless end insertthebegin delete start of the excavation work, whichever is later, or
19atend delete
begin insert excavator and operator mutually agree toend insert a laterbegin delete time mutually
20agreeableend delete
begin insert start date and time, or otherwise agreeend insert to thebegin delete operatorend delete
21begin insert sequenceend insert andbegin insert timeframe in whichend insert thebegin delete excavator,end deletebegin insert operator willend insert
22 locate and fieldbegin delete mark the approximate location and, if known, the
23number of subsurface installations that may be affected by the
24excavation to the extent and degree of accuracy that the information
25is available either in the records of theend delete
begin insert mark, anend insert operatorbegin delete or as
26determined through the useend delete
begin insert shall do oneend insert ofbegin delete standard locating
27techniques other than excavating, otherwise adviseend delete
thebegin delete person who
28contactedend delete
begin insert following beforeend insert thebegin delete center of the location of the
29operator’s subsurface installations that may be affected by the
30excavation, or advise the person that the operator does not operate
31any subsurface installations that would be affected by the proposed
32excavation.end delete
begin insert legal excavation start date and time:end insert

begin insert

33(i) Locate and field mark within the area delineated for
34excavation and, where multiple subsurface installations of the
35same type are known to exist together, mark the number of
36subsurface installations.

end insert
begin insert

37(ii) To the extent and degree of accuracy that the information
38is available, provide information to an excavator where the
39operator’s active or inactive subsurface installations are located.

end insert
begin insert

P19   1(iii) Advise the excavator it operates no subsurface installations
2in the area delineated for excavation.

end insert
begin insert

3(B) An operator shall mark newly installed subsurface
4installations in areas with continuing excavation activity.

end insert
begin insert

5(C) An operator shall indicate with an “A” inside a circle the
6presence of any abandoned subsurface installations, if known,
7within the delineated area. The markings are to make an excavator
8aware that there are abandoned subsurface installations within
9that delineated work area.

end insert

10(2) Only a qualified person shall perform subsurface installation
11locating activities.

12(3) A qualified person performing subsurface installation
13locating activities on behalf ofbegin delete a subsurface installationend deletebegin insert anend insert operator
14shall use a minimum of a single-frequency utility locating device
15and shall have access to alternative sources for verification, if
16necessary.

17(4) begin deleteOperators of high priority subsurface installations end deletebegin insertAn
18operator end insert
shallbegin delete maintainend deletebegin insert amend, update, maintain,end insert and preserve all
19plans and records for its subsurfacebegin delete installations.end deletebegin insert installations as
20that information becomes known. If there is a change in ownership
21of a subsurface installation, the records shall be turned over to
22the new operator. Commencing January 1, 2017, records on
23abandoned subsurface installations, to the extent that those records
24exist, shall be retained.end insert

begin delete end deletebegin delete

25(b) Every operator of a subsurface installation who field marks
26the location of a subsurface installation shall make a reasonable
27effort to make field markings in conformance with the uniform
28color code of the American Public Works Association.

end delete
begin delete end deletebegin delete

29(c) If, at any time during

end delete

30begin insert(b)end insertbegin insertend insertbegin insertIf the field marks are no longer reasonably visible,end insert an
31begin delete excavationend deletebegin insert excavator shall renotify the regional notification center
32with a requestend insert
forbegin delete which there isend deletebegin insert remarks that can be for all orend insert a
33begin delete valid inquiry identification number, an operator’s fieldend deletebegin insert portion of
34the excavation. Excavation shall cease in the area to be remarked.
35If the delineationend insert
markings are no longer reasonably visible, the
36excavator shallbegin delete contactend deletebegin insert redelineateend insert thebegin delete appropriate regional
37notification center. The regional notification center shall contact
38any member, if known, who has a subsurface installation in theend delete

39 areabegin delete of the excavation. Upon receiving timely notification or
40renotification pursuant to this subdivision,end delete
begin insert to be remarked. If
P20   1remarks are requested,end insert
the operator shallbegin delete re-locate and re-mark,
2withinend delete
begin insert haveend insert two working days,begin delete thoseend deletebegin insert not including the date of
3request, to remark theend insert
subsurfacebegin delete installations that mayend deletebegin insert installation.
4If the area toend insert
bebegin delete affected byend deletebegin insert remarked is notend insert thebegin delete excavationend deletebegin insert full
5extent of the original excavation, the excavator shall delineate the
6portionend insert
tobegin insert be remarked and provide a description ofend insert thebegin delete extent
7necessary, in conformance with this section.end delete
begin insert area requested to be
8remarked on the ticket. The excavator shall provide a description
9for the area to be remarked that falls within the area of the original
10location request.end insert

begin insert

11(c) Every operator may supply an electronic positive response
12through the regional notification center before the legal excavation
13start date and time. The regional notification center shall make
14those responses available.

end insert

15(d) The excavator shall notify the appropriate regional
16notification center of the failure of an operator tobegin delete comply with this
17section.end delete
begin insert identify subsurface installations pursuant to subparagraph
18(A) or (B) of paragraph (1) of subdivision (a), or subdivision (b).end insert

19 The notification shall include thebegin delete inquiry identification numberend delete
20begin insert ticketend insert issued by the regional notification center. A record of all
21notifications received pursuant to this subdivision shall be
22maintained by the regional notification center for a period of not
23less than three years. The record shall be available for inspection
24pursuant tobegin delete subdivision (d)end deletebegin insert subdivision(h)end insert of Section 4216.2.

begin insert

25(e) If an operator or local agency knows that it has a subsurface
26installation embedded or partially embedded in the pavement that
27is not visible from the surface, the operator or local agency shall
28contact the excavator before pavement removal to communicate
29and determine a plan of action to protect that subsurface
30installation and excavator.

end insert
31begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 4216.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert

33

4216.4.  

(a) begin deleteWhen the end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph
34(2), if an end insert
excavation is within thebegin delete approximate locationend deletebegin insert tolerance
35zoneend insert
ofbegin insert aend insert subsurface installation, the excavator shall determine the
36exact location ofbegin insert theend insert subsurface installations in conflict with the
37excavationbegin delete by excavating withend deletebegin insert usingend insert hand toolsbegin delete within the area of
38the approximate location of subsurface installations as provided
39by the operators in accordance with Section 4216.3end delete
before using
40anybegin delete power-operated orend delete power-drivenbegin delete excavatingend deletebegin insert excavationend insert or
P21   1boring equipment within thebegin delete approximate locationend deletebegin insert tolerance zoneend insert
2 of the subsurfacebegin delete installation, except that power-operated or
3power-driven excavating or boring equipment may be used forend delete

4begin insert installations. In all casesend insert thebegin delete removal of any existing pavement if
5there are no subsurface installations contained in the pavement. If
6documented notice of the intent to use vacuum excavation devices,
7or power-operated or power-driven excavating or boring
8equipment, has been provided to the subsurface installation
9operator or operators and it is mutually agreeable with the operator
10or operators and the excavator, theend delete
excavatorbegin delete may utilize vacuum
11excavation devices, or power-operated or power-driven excavating
12or boring equipment within the approximate location of a
13subsurface installation andend delete
begin insert shall use reasonable careend insert tobegin delete any depth.end delete
14begin insert prevent damaging subsurface installations.end insert

begin insert

15(2) (A) An excavator may use a vacuum excavation device to
16expose subsurface installations within the tolerance zone if the
17operator has marked the subsurface installation, the excavator
18has contacted any operator whose subsurface installations may
19be in conflict with the excavation, and the operator has agreed to
20the use of a vacuum excavation device. An excavator shall inform
21the regional notification center of his or her intent to use a vacuum
22excavation device when obtaining a ticket.

end insert
begin insert

23(B) An excavator may use power-operated or boring equipment
24for the removal of any existing pavement only if there is no known
25subsurface installation contained in the pavement.

end insert
begin insert

26(3) An excavator shall presume all subsurface installations to
27be active, and shall use the same care around subsurface
28installations that may be inactive as the excavator would use
29around active subsurface installations.

end insert

30(b) If the exact location of the subsurface installation cannot be
31determined by hand excavating in accordance with subdivision
32(a), the excavator shall request the operator to provide additional
33information to the excavator, to the extent that information is
34available to the operator, to enable the excavator to determine the
35exact location of the installation.begin insert If the excavator has questions
36about the markings that an operator has placed, the excavator
37may contact the notification center to send a request to have the
38operator contact the excavator directly.end insert
The regional notification
39center shall provide the excavator with the contactbegin delete phoneend deletebegin insert telephoneend insert
40 number of the subsurface installation operator.

P22   1(c) An excavator discovering or causing damage to a subsurface
2installation, including all breaks, leaks, nicks, dents, gouges,
3grooves, or other damage to subsurface installation lines, conduits,
4coatings, or cathodic protection, shall immediately notify the
5subsurface installation operator. The excavator may contact the
6regional notification center to obtain the contact information of
7the subsurface installation operator. If high priority subsurface
8installations are damaged and the operator cannot bebegin delete contacted,end delete
9begin insert contacted immediately,end insert the excavator shall call 911 emergency
10services.

begin insert

11(d) Each excavator, operator, or locator shall communicate
12with each other and respect the appropriate safety requirements
13and ongoing activities of the other parties, if known, at an
14excavation site.

end insert
15begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4216.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert

17

4216.5.  

The requirements of this article apply to state agencies
18and to local agenciesbegin delete whichend deletebegin insert thatend insert own or operate subsurface
19installations, except as otherwise provided in Section 4216.1. A
20local agencybegin delete whichend deletebegin insert thatend insert is required to provide the services
21described in Section 4216.3 may charge a fee in an amount
22sufficient to cover the cost of providing that service.

23begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 4216.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert

25

4216.6.  

(a) (1) Any operator or excavator who negligently
26violates this article is subject to a civil penalty in an amount not
27to exceed ten thousand dollars ($10,000).

28(2) Any operator or excavator who knowingly and willfully
29violates any of the provisions of this article is subject to a civil
30penalty in an amount not to exceed fifty thousand dollars ($50,000).

31(3) Except as otherwise specifically provided in this article, this
32section is not intended to affect any civil remedies otherwise
33provided by law for personal injury or for property damage,
34including any damage to subsurface installations, nor is this section
35intended to create any new civil remedies for those injuries or that
36 damage.

37(4) This article shall not be construed to limit any other provision
38of law granting governmental immunity to state or local agencies
39or to impose any liability or duty of care not otherwise imposed
40by law upon any state or local agency.

P23   1(b) An action may be brought by the Attorney General, the
2district attorney, or the local or state agencybegin delete whichend deletebegin insert thatend insert issued the
3permit to excavate, for the enforcement of the civil penalty pursuant
4to thisbegin delete section.end deletebegin insert section in a civil action brought in the name of the
5people of the State of California.end insert
If penalties are collected as a
6result of a civil suit brought by a state or local agency for collection
7of those civil penalties, the penalties imposed shall be paid to the
8general fund of the agency. If more than one agency is involved
9in enforcement, the penalties imposed shall be apportioned among
10them by the court in a manner that will fairly offset the relative
11costs incurred by the state or local agencies, or both, in collecting
12these fees.

begin insert

13(c) The requirements of this article may also be enforced
14following a recommendation of the California Underground
15Facilities Safe Excavation Advisory Committee by a state or local
16agency, which may include the Attorney General or a district
17attorney, with jurisdiction over the activity or business undertaken
18in commission of the violation. The following agencies shall act
19to accept, amend, or reject the recommendations of the advisory
20committee as follows:

end insert
begin insert

21(1) The Registrar of Contractors of the Contractors’ State
22License Board shall enforce the provisions of this article on
23contractors, as defined in Article 2 of Chapter 9 of Division 3 of
24the Business and Professions Code.

end insert
begin insert

25(2) The Public Utilities Commission shall enforce the provisions
26of this article on gas corporations, as defined in Section 222 of
27the Public Utilities Code, and electrical corporations, as defined
28in Section 218 of the Public Utilities Code.

end insert
begin insert

29(3) The Office of the State Fire Marshal shall enforce the
30provisions of this article on operators of hazardous liquid pipeline
31facilities, as defined in Section 60101 of Chapter 601 of Subtitle
32VIII of Title 49 of the United States Code.

end insert
begin delete

33(c)

end delete

34begin insert(d)end insert Statewide information provided by operators and excavators
35regarding facility events shall be compiled and made available in
36an annual report by regional notification centers and posted on the
37Internet Web sites of the regional notification centers.

begin delete

38(d)

end delete

39begin insert(e)end insert For purposes of subdivisionbegin delete (c),end deletebegin insert (d),end insert the following terms
40have the following meanings:

P24   1(1) “Facility event” means the occurrence of excavator
2downtime, damages, near misses, and violations.

3(2) “Statewide information” means information submitted by
4operators and excavators using the California Regional Common
5Ground Alliance’s Virtual Private Damage Information Reporting
6Tool. Supplied data shall comply with the Damage Information
7Reporting Tool’s minimum essential information as listed in the
8begin delete Common Ground Alliance’s most recentend deletebegin insert most recent version of
9theend insert
Best Practicesbegin delete Handbook.end deletebegin insert guide of the Common Ground
10Alliance.end insert

11begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 4216.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert

13

4216.7.  

(a) If a subsurface installation is damaged by an
14excavator as a result of failing to comply with Section 4216.2 or
154216.4, orbegin insert subdivision (b) of Section 4216.3, orend insert as a result of failing
16to comply with the operator’s requests to protect the subsurface
17installation as specified by the operatorbegin delete prior toend deletebegin insert beforeend insert the start of
18excavation, the excavator shall be liable to the operator of the
19subsurface installation for resulting damages, costs, and expenses
20to the extent the damages, costs, and expenses were proximately
21caused by the excavator’s failure to comply.

22(b) Ifbegin delete theend deletebegin insert anend insert operatorbegin delete of a subsurface installationend delete has failed to
23begin delete comply withend deletebegin insert become a member of, participate in, or share inend insert the
24begin insert costs of, aend insert regional notificationbegin delete center system requirements of
25Section 4216.1,end delete
begin insert center,end insert that operator shall forfeit his or her claim
26for damages to his or her subsurfacebegin delete installation,end deletebegin insert installationend insert arising
27frombegin delete the excavation,end deletebegin insert an excavationend insert against an excavator who has
28complied withbegin delete the requirements of Section 4216.2end deletebegin insert this articleend insert to
29the extent damages were proximately caused by the operator’s
30failure tobegin delete comply.end deletebegin insert comply with this article.end insert

31(c) If an operator of a subsurface installationbegin insert without a
32reasonable basis, as determined by a court of competent
33jurisdiction,end insert
has failed to comply with the provisions of Section
344216.3,begin insert including, but not limited to, the requirement to field mark
35the appropriate location of subsurface installations within two
36working days of notification, as defined by subdivision (y) of
37Section 4216 and subdivision (b) of Section 4216.2,end insert
has failed to
38comply withbegin delete paragraph (2) ofend delete subdivisionbegin delete (a)end deletebegin insert (c)end insert of Section 4216.2,
39or has failed to comply with subdivision (b) of Section 4216.4, the
40operator shall be liablebegin insert for damagesend insert to the excavator who has
P25   1complied withbegin delete Sections 4216.2end deletebegin insert Section 4216.2, subdivisions (b)end insert
2 andbegin delete 4216.4 forend deletebegin insert (d) of Section 4216.3, and Section 4216.4, including
3liquidatedend insert
damages,begin insert liability, losses,end insert costs, andbegin delete expensesend deletebegin insert expenses,
4actually incurred by the excavator,end insert
resulting from the operator’s
5failure to comply with these specified requirements to the extent
6the damages, costs, and expenses were proximately caused by the
7operator’s failure to comply.

begin insert

8(d) An excavator who damages a subsurface installation due to
9an inaccurate field mark by an operator, or by a third party under
10contract to perform field marking for the operator, shall not be
11liable for damages, replacement costs, or other expenses arising
12from damages to the subsurface installation if the excavator
13complied with Sections 4216.2 and 4216.4.

end insert
begin insert

14This section is not intended to create any presumption or to
15affect the burden of proof in any action for personal injuries or
16property damage, other than damage to the subsurface installation,
17nor is this section intended to affect, create, or eliminate any
18remedy for personal injury or property damage, other than damage
19to the subsurface installation.

end insert
begin insert

20(e) For the purposes of this section, “inaccurate field mark”
21means a mark, or set of markings, made pursuant to Section
224216.3, that did not correctly indicate the approximate location
23of a subsurface installation affected by an excavation and includes
24the actual physical location of a subsurface installation affected
25by an excavation that should have been marked pursuant to Section
264216.3 but was not.

end insert
begin delete

27(d)

end delete

28begin insert(f)end insert Nothing in this section shall be construed to do any of the
29following:

30(1) Affect claims including, but not limited to, third-party claims
31brought against the excavator or operator by other parties for
32damages arising from the excavation.

33(2) Exempt the excavator or operator from his or her duty to
34mitigate any damages as required by common or other applicable
35law.

36(3) Exempt the excavator or operator from liability to each other
37or third parties based on equitable indemnity or comparative or
38contributory negligence.

39begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 4216.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P26   1

4216.8.  

This article does not apply tobegin delete anyend deletebegin insert eitherend insert of the
2following persons:

begin delete

3(a) An owner of real property who contracts for an excavation
4project on the property, not requiring a permit issued by a state or
5local agency, with a contractor or subcontractor licensed pursuant
6to Article 5 (commencing with Section 7065) of Chapter 9 of
7Division 3 of the Business and Professions Code.

end delete
begin delete

8(b)

end delete

9begin insert(a)end insert An owner of residential real property, not engaged as a
10contractor or subcontractor licensed pursuant to Article 5
11(commencing with Section 7065) of Chapter 9 of Division 3 of
12the Business and Professions Code,begin delete whoend deletebegin insert who,end insert as part of improving
13his or her principal residence orbegin delete appurtenances theretoend deletebegin insert an
14appurtenance thereto,end insert
is performing orbegin insert isend insert havingbegin insert an excavationend insert
15 performedbegin delete excavation workend deletebegin insert using hand tools, including the
16installation of temporary real estate signposts, that doesend insert
not
17begin delete requiringend deletebegin insert requireend insert a permit issued by a state or local agency.begin insert A
18person described in this subdivision is not an “excavator” as
19defined in subdivision (h) of Section 4216, however this subdivision
20shall not discourage a person from voluntarily notifying a regional
21notification center pursuant to Section 4216.2, and does not relieve
22an operator of a subsurface facility from the obligation to locate
23and field mark pursuant to Section 4216.3 following the
24notification. Notwithstanding Section 4216.2, an owner of real
25residential property is not required to wait until 14 calendar days
26before the beginning of an excavation to notify the regional
27notification center, but rather may do so at any time at least two
28working days before beginning an excavation to learn the locations
29of subsurface installations on his or her property. This subdivision
30does not relieve a person performing excavation activities from a
31duty of reasonable care to prevent damage to subsurface
32installations, and failure to exercise reasonable care may result
33in liability for damage to a subsurface installation that is
34proximately caused by those activities.end insert

begin delete

35(c)

end delete

36begin insert(b)end insert Any person or private entity that leases or rents power
37operated or power-driven excavating or boring equipment,
38regardless of whether an equipment operator is provided for that
39piece of equipment or not, to a contractor or subcontractor licensed
40pursuant to Article 5 (commencing with Section 7065) of Chapter
P27   19 of Division 3 of the Business and Professions Code, if the signed
2rental agreement between the person or private entity and the
3contractor or subcontractor contains the following provision:


5“It is the sole responsibility of the lessee or renter to follow
6the requirements of the regional notification center law
7pursuant to Article 2 (commencing with Section 4216) of
8Chapter 3.1 of Division 5 of Title 1 of the Government Code.
9By signing this contract, the lessee or renter accepts all
10liabilities and responsibilities contained in the regional
11notification center law.”


13begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 4216.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert

15

4216.9.  

(a) begin deleteNo end deletebegin insertA end insertpermit to excavate issued by any local
16agency, as defined in Section 4216, or any state agency, shallbegin insert notend insert
17 be valid unless the applicant has been provided an initialbegin delete inquiry
18identification numberend delete
begin insert ticketend insert by a regional notification center
19pursuant to Section 4216.2. For purposes of this section, “state
20agency” means every state agency, department, division, bureau,
21board, or commission, including the Department of Transportation.

22(b) This article does not exempt any person or corporation from
23Sections 7951, 7952, and 7953 of the Public Utilities Code.

24begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 4216.12 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
25to read:end insert

begin insert
26

begin insert4216.12.end insert  

(a) The California Underground Facilities Safe
27Excavation Advisory Committee is hereby created under, and shall
28be assisted by the staff of, the Contractors’ State License Board
29in the Department of Consumer Affairs.

30(b) The advisory committee shall perform the following tasks:

31(1) Coordinate education and outreach activities that encourage
32safe excavation practices, as described in Section 4216.17.

33(2) Develop standards, as described in Section 4216.18.

34(3) Investigate possible violations of this article, as described
35in Section 4216.19.

36(c) Notwithstanding any other law, the repeal of this section
37renders the advisory committee subject to review by the
38appropriate policy committees of the Legislature.

39(d) This section shall remain in effect so long as, pursuant to
40subdivision (c) of Section 7000.5 of the Business and Professions
P28   1Code, there is in the Department of Consumer Affairs a
2Contractors’ State License Board.

3(e) This section shall become operative only if the Legislature
4appropriates moneys from the Safe Energy Infrastructure and
5Excavation Fund to the California Underground Facilities Safe
6Excavation Advisory Committee for the purposes of this section
7and grants authority to the Contractors’ State License Board to
8hire sufficient staff.

end insert
9begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 4216.13 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
10to read:end insert

begin insert
11

begin insert4216.13.end insert  

(a) The advisory committee shall be composed of
12nine members, of which four shall be appointed by the Governor,
13three shall be appointed by the Contractors’ State License Board,
14one shall be appointed by the Speaker of the Assembly, and one
15shall be appointed by the Senate Committee on Rules.

16(b) The four members appointed by the Governor shall be
17appointed, as follows:

18(1) Three members shall have knowledge and expertise in the
19operation of subsurface installations. Of those three members, one
20shall have knowledge and expertise in the operation of the
21subsurface installations of a municipal utility. At least one of the
22three members shall have knowledge and experience in the
23 operation of high priority subsurface installations.

24(2) One member shall have knowledge and expertise in
25subsurface installation location and marking and shall not be
26under the direct employment of an operator.

27(c) The three members appointed by the Contractors’ State
28License Board shall have knowledge and experience in contract
29excavation for employers who are not operators of subsurface
30installations. Of the three members, one member shall be a general
31engineering contractor, one member shall be a general building
32contractor, and one member shall be a specialty contractor. For
33the purposes of this section, the terms “general engineering
34contractor,” “general building contractor,” and “specialty
35contractor” shall have the meanings given in Article 4
36(commencing with Section 7055) of Chapter 9 of Division 3 of the
37Business and Professions Code.

38(d) The member appointed by the Speaker of the Assembly shall
39have knowledge and expertise in representing in safety matters
40the workers employed by contract excavators.

P29   1(e) The member appointed by the Senate Committee on Rules
2shall have knowledge and expertise in managing the underground
3installations on one’s own property, and may be drawn from
4agricultural, commercial, or residential, or other, property sectors.

5(f) The advisory committee may invite two directors of
6operations of regional notification centers to be nonvoting ex
7officio members of the advisory committee.

end insert
8begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 4216.14 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
9to read:end insert

begin insert
10

begin insert4216.14.end insert  

(a) The term of a member of the advisory committee
11is two years. Of the first members of the advisory committee, four
12members, determined by lot, shall serve for one year so that the
13terms of the members shall be staggered.

14(b) A member shall not be appointed for more than two
15consecutive full terms.

16(c) To the extent possible, the appointing power shall fill any
17vacancy in the membership of the advisory committee within 60
18days after the vacancy occurs.

19(d) Upon the recommendation of the advisory committee, the
20Governor may remove a member appointed by the Governor for
21incompetence or misconduct.

22(e) The advisory committee shall select a chairperson from
23among its members at the first meeting of each calendar year or
24when a vacancy in the chair exists.

25(f) Subject to subdivision (g), the manner in which the
26chairperson is selected and the chairperson’s term of office shall
27be determined by the advisory committee.

28(g) A member of the advisory committee shall not serve more
29than two consecutive years as the chairperson of the advisory
30committee.

end insert
31begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 4216.15 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
32to read:end insert

begin insert
33

begin insert4216.15.end insert  

The advisory committee shall meet at least once every
34three months. The advisory committee shall hold meetings in
35Sacramento and Los Angeles, and in other locations in the state
36it deems necessary.

end insert
37begin insert

begin insertSEC. 17end insert  

end insert

begin insertSection 4216.16 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
38read:end insert

begin insert
39

begin insert4216.16.end insert  

The advisory committee may obtain funding for its
40operational expenses from:

P30   1(a) The Safe Energy Infrastructure and Excavation Fund,
2created in Section 320.5 of the Public Utilities Code.

3(b) A federal or state grant.

4(c) A fee charged to members of the regional notification centers
5not to exceed the reasonable regulatory cost incident to
6enforcement of this article.

7(d) A filing or administrative fee to hear a complaint pursuant
8to Section 4216.20.

9(e) Any other source.

end insert
10begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 4216.17 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
11to read:end insert

begin insert
12

begin insert4216.17.end insert  

(a) In order to understand the needs for education
13and outreach, including of those groups with the highest awareness
14and education needs, such as homeowners, and to facilitate
15discussion on how to coordinate those efforts, the advisory
16committee shall annually convene a meeting with state and local
17government agencies, California operators, regional notification
18centers, and trade associations that fund outreach and education
19programs that encourage safe excavation practices.

20(b) The advisory committee shall use the annual meeting
21described in subdivision (a) to determine the areas in which
22additional education and outreach efforts should be targeted. The
23advisory committee shall grant the use of the moneys that may be
24apportioned to it by the Public Utilities Commission pursuant to
25paragraph (1) of subdivision (b) of Section 320.5 of the Public
26Utilities Code to fund public education and outreach programs
27designed to promote excavation safety around subsurface
28installations and target towards specific excavator groups, giving
29priority to those with the highest awareness and education needs,
30such as homeowners.

end insert
31begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 4216.18 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
32to read:end insert

begin insert
33

begin insert4216.18.end insert  

(a) The advisory committee shall develop a standard
34or set of standards relevant to safety practices in excavating around
35subsurface installations and procedures and guidance in
36encouraging those practices. When possible, standards should be
37informed by public ly available data, such as that collected by
38state and federal agencies and by the regional notification centers
39pursuant to subdivision (d) of Section 4216.6, and the advisory
40committee should refrain from using data about facility events not
P31   1provided either to a state or federal agency or as statewide
2information, as defined in paragraph (2) of subdivision (e) of
3Section 4216.6. The standard or set of standards are not intended
4to replace other relevant standards, including the best practices
5of the Common Ground Alliance, but are to inform areas currently
6without established standards. The standard or set of standards
7shall address all of the following:

8(1) Evidence necessary for excavators and operators to
9demonstrate compliance with Sections 4216.2, 4216.3, and 4216.4.

10(2) Guidance for recommended sanctions against excavators
11and operators for violations of the article designed to improve
12safety. Sanctions may include notification and information letters,
13direction to attend relevant education, and financial penalties.
14The guidance shall state the circumstances under which the
15investigation and a recommendation for sanction shall be
16transmitted to a state or local agency, which may include the
17Attorney General or a district attorney, for enforcement pursuant
18to subdivision (b) of Section 4216.20 and may allow for a decision
19not to transmit if the investigation was initiated by a complaint,
20the parties have settled the matter, and the advisory committee
21has determined that further enforcement is not necessary as a
22deterrent to maintain the integrity of subsurface installations and
23to protect the safety of excavators and the public.
24Recommendations for sanctions shall be graduated and shall
25consider all of the following:

26(A) The type of violation and its gravity.

27(B) The degree of culpability.

28(C) The operator’s or excavator’s history of violations.

29(D) The operator’s or excavator’s history of work conducted
30without violations.

31(E) The efforts taken by the violator to prevent violation, and,
32once the violation occurred, the efforts taken to mitigate the safety
33consequences of the violation.

34(F) That homeowners have high awareness and education needs,
35and for this reason, financial penalties shall not be recommended
36except in cases in which a person’s violations have been willful,
37repeated, and flagrant.

38(3) What constitutes reasonable care, as required by paragraph
39(1) of subdivision (a) of Section 4216.4, in using hand tools around
40subsurface installations within the tolerance zone, considering the
P32   1need to balance worker safety in trenches with the protection of
2subsurface installations. As part of determining reasonable care,
3the advisory committee shall consider the appropriate additional
4excavating depth an excavator should make if either of the
5following occur:

6(A) The subsurface installation is delineated within the tolerance
7zone but it is not in conflict with the excavation.

8(B) The location of a subsurface installation is determined, but
9additional subsurface installations may exist immediately below
10the located subsurface installation.

11(4) What constitutes reasonable care, as required by paragraph
12(1) of subdivision (a) of Section 4216.4, in grading activities on
13road shoulders and dirt roads which may include standards for
14potholing.

15(b) On or before December 31, 2018, the advisory committee
16shall, in consultation with the Department of Food and Agriculture
17and after an agricultural stakeholder process, make
18recommendations for long term treatment of agricultural activities
19that include determining whether the notification requirements of
20Section 4216.2, the locate and field mark requirements of Section
214216.3, and the excavation requirements of Section 4216.4 are
22appropriate for all types of agricultural activities, or whether they
23could be modified in ways to promote participation in safe
24agricultural practices around high priority subsurface installations.

25(1) The recommendations shall be informed by a study that
26includes, but is not limited to, the following:

27(A) A review of past damages attributable to agricultural
28activities, including information provided by gas corporations
29pursuant to subdivision (b) of Section 971 of the Public Utilities
30Code.

31(B) Estimations of the use of regional notification centers by
32persons involved in agricultural activities provided by gas
33corporations, including the methodology used for the development
34of, the sources of error in, and confidence intervals for the
35estimations, pursuant to subdivision (c) of Section 971 of the Public
36Utilities Code.

37(C) A review of the outreach and education practices of
38operators of high-priority subsurface installations toward persons
39who undertake agricultural activities and measures of the successes
P33   1of those practices, with an explanation of how the measure of
2success is defined.

3(D) A review of existing standards for operator communication
4with excavators, such as Recommended Practice 1162 by the
5American Petroleum Institute.

6(2) The recommendations shall address the following questions:

7(A) Do agricultural activities differ from common types of
8excavation in ways that may affect the applicability of Sections
94216.2, 4216.3, and 4216.4 to agricultural activities?

10(B) Should a person notify the regional notification center before
11undertaking agricultural activities that are not in the vicinity of
12subsurface installations? What is a sufficient means by which a
13person would know if there are subsurface installations in the
14vicinity?

15(C) What is the benefit of the requirement in subdivision (c) of
16Section 4216.2 for an onsite meeting in advance of the performance
17of agricultural activities in the vicinity of high-priority subsurface
18installations? Under what circumstances is an onsite meeting
19appropriate in advance of the performance of agricultural
20activities, and how far in advance of the performance of
21agricultural activities does the onsite meeting requirement retain
22its benefit? What is the most convenient and expedient means to
23initiate an onsite meeting in advance of the performance of
24agricultural activities?

25(D) What outreach and education activities on the part of
26 operators of high-priority subsurface installations are important
27to promote safety in performing agricultural activities? What
28actions should the outreach and education activities induce in
29persons performing agricultural activities, and how can success
30be measured?

31(E) How should the success of the advisory committee’s
32recommendations be measured?

end insert
33begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 4216.19 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
34to read:end insert

begin insert
35

begin insert4216.19.end insert  

(a) The advisory committee shall investigate possible
36violations of this article, including complaints from affected parties
37and members of the public.

38(b) In furthering the purposes of this article, the advisory
39committee may authorize staff allocated to it by the Contractors’
P34   1State License Board to use compliance audits, including field
2audits, and investigations of incidents and near-misses.

3(c) This section shall become operative on January 1, 2018.

end insert
4begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 4216.20 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
5to read:end insert

begin insert
6

begin insert4216.20.end insert  

(a) Upon the completion of an investigation of a
7possible violation of this article, the advisory committee shall
8inform the following parties of the result of the investigation,
9including any findings of probable violation:

10(1) The party or parties whose activities were the subject of the
11investigation.

12(2) The complainant, if the investigation was initiated because
13of a complaint.

14(3) Any excavator or operator whose activities or subsurface
15installations were involved in the incident investigated.

16(b) If the advisory committee, upon the completion of an
17investigation, finds a probable violation of the article, the advisory
18committee may transmit the investigation results and any
19recommended penalty to the state or local agency with jurisdiction
20over the activity or business undertaken in commission of the
21violation.

end insert
22begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 4216.21 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
23to read:end insert

begin insert
24

begin insert4216.21.end insert  

(a) For an investigation that the advisory committee
25undertakes as a result of a complaint of a violation of Section
264216.2, 4216.3, or 4216.4, the complainant shall not file an action
27in court for damages based on those violations until the
28investigation is complete, or for 120 days after the investigation
29begins, whichever comes first, during which time, applicable
30statutes of limitation shall be tolled.

31(b) If a complainant files an action in court against a person
32for damages based upon violations of Section 4216.2, 4216.3, or
334216.4, after the completion of an advisory committee investigation
34in which the person was found not to have violated the article, the
35complainant shall also notify the advisory committee when the
36action is filed.

37(c) This section only applies to a claim for damages to a
38subsurface installation.

end insert
39begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 4216.22 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
40to read:end insert

begin insert
P35   1

begin insert4216.22.end insert  

(a) Notwithstanding Section 10231.5, the advisory
2committee shall report to the Governor and the Legislature on or
3before February 1, 2018, and each year thereafter, on the activities
4of the advisory committee and any recommendations of the
5advisory committee.

6(b) A report to be submitted pursuant to subdivision (a) shall
7be submitted in compliance with Section 9795.

end insert
8begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 17921.11 is added to the end insertbegin insertHealth and Safety
9Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert17921.11.end insert  

(a) During the next regularly scheduled intervening
11code cycle that commences on or after January 1, 2017, or during
12a subsequent code adoption cycle, the department shall develop
13and propose for adoption by the California Building Standards
14Commission, pursuant to Chapter 4 (commencing with Section
1518935) of Part 2.5, building standards requiring all new residential
16nonpressurized building sewers that connect from building
17structures to the public right-of-way or applicable utility easement
18to include the installation of tracer tape or wire to aid in detection
19and tracing of these nonpressurized building sewers.

20(b) In researching, developing, and proposing building
21standards under this section, the Department of Housing and
22Community Development is authorized to expend funds from the
23Building Standards Administration Special Revolving Fund, upon
24appropriation pursuant to Section 18931.7.

end insert
25begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 18940.8 is added to the end insertbegin insertHealth and Safety
26Code
end insert
begin insert, to read:end insert

begin insert
27

begin insert18940.8.end insert  

(a) During the next regularly scheduled intervening
28code cycle that commences on or after January 1, 2017, or during
29a subsequent code adoption cycle, the commission shall develop
30and propose for adoption, pursuant to Chapter 4 (commencing
31with Section 18935) of Part 2.5, building standards requiring all
32new nonresidential nonpressurized building sewers that connect
33from building structures to the public right-of-way or applicable
34utility easement to include the installation of tracer tape or wire
35to aid in detection and tracing of these nonpressurized building
36sewers.

37(b) In researching, developing, and proposing building
38standards under this section, the California Building Standard
39Commission is authorized to expend funds from the Building
P36   1 Standards Administration Special Revolving Fund, upon
2appropriation pursuant to Section 18931.7.

end insert
3begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 320.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
4to read:end insert

begin insert
5

begin insert320.5.end insert  

(a) The Safe Energy Infrastructure and Excavation
6Fund is hereby established in the State Treasury. Moneys deposited
7into the fund shall be used to cover the administrative expenses of
8the California Underground Facilities Safe Excavation Advisory
9Committee, upon appropriation by the Legislature. Additionally,
10the moneys may be used as described in subdivision (b).

11(b) Up to five hundred thousand dollars ($500,000) of moneys
12in the fund that are in excess of the moneys necessary for the
13administrative expenses of the California Underground Facilities
14Safe Excavation Advisory Committee may, upon appropriation by
15the Legislature, be apportioned by the commission for the following
16purposes:

17(1) The California Underground Facilities Safe Excavation
18Advisory Committee, to fund public education and outreach
19programs designed to promote excavation safety around subsurface
20installations and targeted toward specific excavator groups.

21(2) The commission, to further a gas and electric safety and
22enforcement workforce development program consistent with its
23equal employment program. No moneys shall be used to fulfill
24existing state and federal training requirements or for ongoing
25operations, but moneys may be used for the purpose of education
26in emergent safety issues and in best practices pertaining to gas
27and electric utility inspections, audits, accident investigations, and
28data tracking and analysis. The commission may only apportion
29moneys for this purpose upon commission approval of a safety
30and enforcement workforce development program at a meeting of
31the commission. No more than one hundred fifty thousand dollars
32 ($150,000) of the Safe Energy Infrastructure and Excavation Fund
33may be used for this purpose.

34(c) Any moneys not allocated pursuant to subdivisions (a) and
35(b) shall be deposited into the General Fund.

end insert
36begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 911.2 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
37to read:end insert

begin insert
38

begin insert911.2.end insert  

No later than February 1, 2019, the commission shall
39report to the Legislature and to the California Underground
40Facilities Safe Excavation Advisory Committee an analysis of
P37   1excavation damage to commission-regulated pipeline facilities.
2The report shall include analyses of the types of damage and other
3information described in Section 971.

end insert
4begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 955.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
5to read:end insert

6

955.5.  

(a) For purposes of this section, the following terms
7have the following meanings:

8(1) “Gas pipeline” means an intrastate distribution line as
9described in paragraph (1) of, or an intrastate transmission line as
10described in paragraph (2) of, Section 950.

11(2) “Hospital” means a licensed general acute care hospital as
12defined in subdivision (a) of Section 1250 of the Health and Safety
13Code.

14(3) “School” means a public or private preschool, elementary,
15or secondary school.

16(b) A gas corporation shall provide not less than three working
17days’ notice to the administration of a school or hospital prior to
18undertaking nonemergency excavation or construction of a gas
19begin delete pipelineend deletebegin insert pipeline, excluding any work that only uses hand tools,
20pneumatic hand tools, or vacuum technology for the purpose of
21marking and locating a subsurface installation pursuant to Article
222 (commencing with Section 4216) of Chapter 3.1 of Division 5 of
23Title 1 of the Government Code,end insert
if the work is located within 500
24feet of the school or hospital. The notification shall include all of
25the following:

26(1) The name, address, telephone number, and emergency
27contact information for the gas corporation.

28(2) The specific location of the gas pipeline where the excavation
29or construction will be performed.

30(3) The date and time the excavation or construction is to be
31conducted and when the work is expected to be completed.

32(4) An invitation and a telephone number to call for further
33information on what the school or hospital should do in the event
34of a leak.

35(c) The gas corporation shall maintain a record of the date and
36time of any notification provided to the administration of a school
37or hospital prior to undertaking nonemergency excavation or
38construction of a gas pipeline and any subsequent contacts with
39the administration of a school or hospital relative to the excavation
40or construction and the actions taken, if any, in response to those
P38   1subsequent contacts. The gas corporation shall maintain these
2records and make them available for inspection for no less than
3five years from the date of the notification.

4begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 971 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
5read:end insert

begin insert
6

begin insert971.end insert  

(a) As a part of its damage prevention program carried
7out pursuant to Section 192.614 of Part 192 of Title 49 of the Code
8of Federal Regulations, each gas corporation shall collect data
9to inform its outreach activities. Until January 1, 2020, the data
10shall include all of the following:

11(1) Damage to underground commission-regulated pipeline
12facilities that occurred during the performance of landscaping
13activities. Each gas corporation shall note in its investigation of
14excavation damage incidents the approximate depth of the gas
15facility at the time of damage, the type of excavator involved, which
16may include “homeowner,” “licensed contractor,” or “unlicensed
17contractor,” and whether the excavator had called the regional
18notification center before performing the excavation.

19(2) All claims filed by the gas corporation against an excavator
20for damage to commission-regulated pipeline facilities.

21(3) Damages to underground commission-regulated pipeline
22facilities that occurred in the installation of temporary real estate
23signposts. Each gas corporation shall note in its investigation of
24excavation damage incidents the type of signpost installed and the
25method of installation, including the types of tools used.

26(4) Damage to underground commission-regulated pipeline
27facilities that occurred during agricultural activities, including
28the type of activity performed and the type of tool involved in the
29damage.

30(5) Any other information that the commission shall require.

31(b) Until January 1, 2020, each gas corporation shall annually
32report to the commission and to the California Underground
33Facilities Safe Excavation Advisory Committee excavation damage
34data and analyses contained in subdivision (a) in a format of the
35commission’s choosing.

36(c) As a part of its damage prevention program carried out
37pursuant to Section 192.614 of Part 192 of Title 49 of the Code of
38Federal Regulations, each gas corporation shall estimate
39Californians’ use of regional notification centers, as defined in
40Section 4216 of the Government Code, before conducting
P39   1agricultural activities. This estimation shall consider the use of
2regional notification centers before conducting agricultural
3activities that are both in the vicinity of its natural gas transmission
4pipelines and not in the vicinity of its natural gas transmission
5pipelines. Each gas corporation shall provide this estimate to the
6commission and to the California Underground Facilities Safe
7Excavation Advisory Committee on or before July 1, 2017. In
8performing this estimation, each gas corporation shall do all of
9the following:

10(1) Estimate the amount and locations of agricultural activity
11being performed by using relevant publically available information,
12such as maps prepared pursuant to the Farmland Mapping and
13Monitoring Program of the California Natural Resources Agency,
14information from the National Agricultural Statistics Service, and
15information available from assessor parcel numbers.

16(2) Determine the number and locations of notifications to
17regional notification centers for excavation activities on
18agricultural land by using information from its own mark and
19locate activities and, to the extent the information is available,
20from the regional notification centers or other sources.

21(3) For notifications in the vicinity of its natural gas
22transmission pipelines, determine the average number of
23notifications on agricultural land per transmission pipeline mile
24per year as well as a histogram to describe the number of
25transmission pipeline intervals Y, in units of the best available
26precision, on which X notifications occurred, where X increases
27from zero.

28(4) Describe the methodology used for the development of any
29estimates and identify sources of error in the estimation and a
30confidence interval for the estimation.

end insert
31begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 1702.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
32to read:end insert

33

1702.5.  

(a) The commission shall, in an existing or new
34proceeding, develop and implement a safety enforcement program
35applicable to gas corporations and electrical corporationsbegin delete whichend delete
36begin insert thatend insert includes procedures for monitoring, data tracking and analysis,
37and investigations, as well as issuance of citations by commission
38staff, under the direction of the executive director. The enforcement
39program shall be designed to improve gas and electrical system
40safety through the enforcement of applicable law, or order or rule
P40   1of the commission related to safety using a variety of enforcement
2mechanisms, including the issuance of corrective actions, orders,
3and citations by designated commission staff, and recommendations
4for action made to the commission by designated commission staff.

5(1) When considering the issuance of citations and assessment
6of penalties, the commission staff shall take into account voluntary
7reporting of potential violations, voluntary removal or resolution
8efforts undertaken, the prior history of violations, the gravity of
9the violation, and the degree of culpability.

10(2) The procedures shall include, but are not limited to,
11providing notice of violation within a reasonable period of time
12after the discovery of the violation.

13(3) The commission shall adopt an administrative limit on the
14amount of monetary penalty that may be set by commission staff.

15(b) The commission shall develop and implement an appeals
16process to govern the issuance and appeal of citations or resolution
17of corrective action orders issued by the commission staff. The
18appeals process shall provide the respondent a reasonable period
19of time, upon receiving a citation, to file a notice of appeal, shall
20afford an opportunity for a hearing, and shall require the hearing
21officer to expeditiously provide a draft disposition.

22(c) The commission shall, within a reasonable time set by the
23commission, conclude a safety enforcement action with a finding
24of violation, a corrective action order, a citation, a determination
25of no violation, approval of the corrective actions undertaken by
26the gas corporation or electrical corporation, or other action. The
27commission may institute a formal proceeding regarding the alleged
28violation, potentially resulting in additional enforcement action,
29regardless of any enforcement action taken at the commission staff
30level.

31(d) The commission shall implement the safety enforcement
32program for gas safety by July 1, 2014, and implement the safety
33enforcement program for electrical safety no later than January 1,
342015.

35(e) This section does not apply to an exempt wholesale
36generator, a qualifying small power producer, or qualifying
37cogenerator, as defined in Section 796 of Title 16 of the United
38States Code and the regulations enacted pursuant thereto. Nothing
39in this section affects the commission’s authority pursuant to
40Section 761.3.

begin insert

P41   1(f) Notwithstanding any other law, moneys collected as a result
2of the issuance of citations pursuant to this section shall be
3deposited in the Safe Energy Infrastructure and Excavation Fund.

end insert
4begin insert

begin insertSEC. 31.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
5to Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, April 13, 2015. (JR11)



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