BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 661


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          Date of Hearing:  June 22, 2016


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                  Mike Gatto, Chair


          SB  
          661 (Hill) - As Amended January 4, 2016


          SENATE VOTE:  35-3


          SUBJECT:  Protection of subsurface installations


          SUMMARY:  Establishes the "Dig Safe Act of 2016" and makes  
          several changes to existing laws governing subsurface  
          excavations, including prohibiting an excavator that damages a  
          subsurface installation due to an inaccurate field mark by an  
          operator from being liable for damages, replacement costs, or  
          other expenses arising from damage to the subsurface  
          installation, provided the excavator complied with all  
          pre-excavation notification requirements and procedures.   
          Directs, among other things, specified state agencies to enforce  
          violations of the bill's provisions related to excavation, and  
          creates the California Underground Facilities Safe Excavation  
          Advisory Committee to investigate alleged violations of  
          specified laws relating to the protection of underground  
          infrastructure and develop standards relevant to safety  
          practices in excavating around subsurface installations.   
          Specifically, this bill:


          1)Establishes the "Dig Safe Act of 2016" and, except as  
            specified, requires a person planning to conduct an excavation  








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            to contact the appropriate regional notification center prior  
            to commencing that excavation regardless of whether the  
            excavation will be conducted in an area that is known, or  
            reasonably should be known, to contain subsurface  
            installations.


          2)Creates the California Underground Facilities Safe Excavation  
            Advisory Committee, to be assisted by the staff of the  
            Contractors' State License Board (CSLB) in the Department of  
            Consumer Affairs, subject to appropriation of funds.


          3)Directs the California Underground Facilities Safe Excavation  
            Advisory Committee to:


             a)   Coordinate education and outreach activities that  
               encourage safe excavation practices;


             b)   Develop standards relevant to safety practices in  
               excavating around subsurface installations; and 


             c)   Investigate possible violations of specified laws  
               relating to the protection of underground infrastructure.


          4)Authorizes the California Underground Facilities Safe  
            Excavation Advisory Committee to issue non-binding  
            recommendations to other state or local agencies pertaining to  
            the enforcement of laws relating to the protection of  
            underground infrastructure, including recommended sanctions  
            against excavators and operators who violate these laws.


          5)Exempts, until January 1, 2020, exempt excavations performed  
            as a landscape or operator maintenance activity, as specified,  








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            or routine operations, as specified, in a flood control area.


          6)Provides that before notifying the appropriate regional  
            notification center, an excavator planning to conduct an  
            excavation shall delineate the area to be excavated.  If the  
            area is not delineated, an operator may, at the operator's  
            discretion, choose not to locate and field mark until the area  
            to be excavated has been delineated.


          7)Specifies that, except in an emergency, an excavator shall not  
            begin excavation until the excavator receives a response from  
            all operators of known subsurface installations within the  
            delineated boundaries of the proposed area of excavation.


          8)Requires an operator to indicate with an "A" inside a circle  
            the presence of any abandoned subsurface installations within  
            the delineated area.  States that there shall be no liability  
            associated with marking abandoned subsurface installations.


          9)Requires operators of subsurface installations to retain  
            records on abandoned subsurface installations, as specified.


          10)States that if an operator or local agency knows that it has  
            a subsurface installation embedded or partially embedded in  
            the pavement that is not visible from the surface, the  
            operator or local agency shall contact the excavator before  
            pavement removal to communicate and determine a plan of action  
            to protect both the subsurface installation and the excavator.


          11)Provides that if an operator has failed to become a member  
            of, participate in, or share in the costs of, a regional  
            notification center, that operator shall forfeit his or her  
            claim for damages to his or her subsurface installation  








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            arising from an excavation against an excavator who has  
            complied with the requirements of this bill to the extent the  
            damages were proximately caused by the operator's failure to  
            be a member of, participate in, or share in the costs of, a  
            regional notification center.


          12)Provides that if an operator of a subsurface installation has  
            failed to comply with the requirements of this bill without a  
            reasonable basis, as determined by a court of competent  
            jurisdiction, including, but not limited to, the requirement  
            to field mark the appropriate location of subsurface  
            installations within two working days of notification, the  
            operator shall be liable to the excavator who has complied  
            with the above provisions for damages, including liquidated  
            damages, liability, losses, costs, and expenses actually  
            incurred by the excavator resulting from the operator's  
            failure to comply with these specified requirements to the  
            extent the damages, costs, and expenses were proximately  
            caused by the operator's failure to comply.


          13)Provides that an excavator who damages a subsurface  
            installation due to an inaccurate field mark by an operator,  
            or by a third party under contract to perform field marking  
            for the operator, shall not be liable for damages, replacement  
            costs, or other expenses arising from damages to the  
            subsurface installation if the excavator complied with the  
            requirements of this bill.


          14)Specifies that the above provision is not intended to create  
            any presumption or to affect the burden of proof in any action  
            for personal injuries or property damage, other than damage to  
            the subsurface installation, nor is it intended to affect,  
            create, or eliminate any remedy for personal injury or  
            property damage, other than damage to the subsurface  
            installation.









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          15)Strikes an existing exemption for an owner of real property  
            who contracts for an excavation project on the property with a  
            licensed contractor or subcontractor, and limit the existing  
            exemption for an owner of residential real property, not  
            engaged as a licensed contractor or subcontractor, who as part  
            of improving his or her principal residence or appurtenances  
            thereto is performing or having performed excavation work  
            using hand tools only.


          16)Authorizes the Registrar of Contractors of the Contractors'  
            State License Board, the California Public Utilities  
            Commission (CPUC), and the Office of the State Fire Marshal  
            (OSFM) to enforce certain provisions of the laws pertaining to  
            subsurface infrastructure.


          17)Makes other conforming and clarifying changes.


          18)Makes various legislative findings and declarations related  
            to excavation and subsurface installations.


          EXISTING LAW:   


          1)Vests the CSLB with all functions and duties relating to the  
            administration of the Contractors State License Law.   
            (Business and Professions Code Section 7000 et seq.)


          2)Establishes the "Call Before You Dig" law and 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.   
            (Government Code Section 4216.1)









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          3)States that except in an emergency, any person planning to  
            conduct any excavation shall contact the appropriate regional  
            notification center at least two working days, but not more  
            than 14 calendar days, prior to commencing that excavation, if  
            the excavation will be conducted in an area that is known, or  
            reasonably should be known, to contain subsurface  
            installations other than the underground facilities owned or  
            operated by the excavator.  (Government Code Section  
            4216.2(a))


          4)Provides that where an excavation is proposed within 10 feet  
            of a high priority subsurface installation, the operator of  
            the high priority subsurface installation shall notify the  
            excavator of the existence of the high priority subsurface  
            installation prior to the excavation start date and time, and  
            the excavator and operator or its representative shall conduct  
            an onsite meeting at a mutually-agreed-on time to determine  
            actions or activities required to verify the location of the  
            high priority subsurface installation prior to start time.   
            (Government Code Section 4216.2(a))


          5)Provides that any operator of a subsurface installation who  
            receives timely notification of any proposed excavation work  
            shall, within two working days of that notification, excluding  
            weekends and holidays, or before the start of the excavation  
            work, or at a later time mutually agreeable to the operator  
            and the excavator, locate and field mark the approximate  
            location and, if known, the number of subsurface installations  
            that may be affected by the excavation.  (Government Code  
            Section 4216.3(a))


          6)States that if a subsurface installation is damaged by an  
            excavator as a result of failing to comply with the above  
            requirements, or as a result of failing to comply with the  
            operator's requests to protect the subsurface installation as  








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            specified by the operator prior to the start of excavation,  
            the excavator shall be liable to the operator of the  
            subsurface installation for resulting damages, costs, and  
            expenses to the extent the damages, costs, and expenses were  
            proximately caused by the excavator's failure to comply.   
            (Government Code Section 4216.7(a))


          7)States that if the operator of a subsurface installation has  
            failed to comply with the regional notification center system  
            requirements, that operator shall forfeit his or her claim for  
            damages to the subsurface installation arising from the  
            excavation against an excavator who has complied with the  
            above requirements to the extent damages were proximately  
            caused by the operator's failure to comply.  (Government Code  
            Section 4216.7(b))


          8)States that if an operator of a subsurface installation fails  
            to comply with the above provisions, the operator shall be  
            liable to the excavator who has complied with these provisions  
            for damages, costs, and expenses resulting from the operator's  
            failure to comply to the extent the damages, costs, and  
            expenses were proximately caused by the operator's failure to  
            comply.  (Government Code Section 4216.7(c))


          9)Exempts a project on the property with a licensed contractor  
            or subcontractor, or an owner of residential real property,  
            not engaged as a licensed contractor or subcontractor, who as  
            part of improving his or her principal residence or  
            appurtenances thereto is performing or having performed  
            excavation work, from the "Call Before You Dig" law if the  
            excavation work does not require a permit from a state or  
            local agency.  (Government Code Section 4216.8)


          FISCAL EFFECT:  Unknown









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          COMMENTS:  


          1)Author's Statement: "California has the ignominy of having the  
            country's two most recent pipeline fatalities. On Friday April  
            17, a front loader in Fresno came into contact with a 12-inch  
            high pressure natural gas transmission pipe, causing an  
            explosion that injured fourteen people.  One person died as a  
            result, and the operator of the front loader was hospitalized  
            for 53 days.  On November 13, the operator of a bulldozer  
            preparing a field for orchard planting south of Bakersfield  
            struck one of [Pacific Gas and Electric Company's] backbone  
            transmission natural gas pipelines, killing himself and  
            seriously burning two people nearby. Accidents such as this  
            are the result of unsafe practices that people undertake all  
            the time. Roughly 7,000 of California's natural gas pipelines  
            are hit every year, and it is estimated that roughly half of  
            them occur because the excavator failed to use the free 8-1-1  
            service so that pipes can be located and marked before  
            digging. The safety hazard associated with digging into  
            natural gas pipelines has hung over the Legislature for a long  
            time-at least since 2004, when five laborers were killed in  
            Walnut Creek when a petroleum pipeline exploded after it was  
            struck with a backhoe."


          2)Background:  Following the attention to gas safety in the wake  
            of the natural gas pipeline explosion in San Bruno (which was  
            not caused by excavation), the CPUC, Pacific Gas and Electric  
            Company (PG&E), and others attempted to reboot reform efforts  
            to improve excavation safety.  In 2005 a construction crew  
            digging a trench to install a new water pipeline for the East  
            Bay Municipal Utility District (EBMUD) in Walnut Creek struck  
            a high-pressure petroleum pipeline operated by Kinder Morgan,  
            killing five workers.  A backhoe struck the pipe, releasing  
            gasoline that was ignited by nearby welders.  The petroleum  
            line had been installed along the street but had been bent to  
            avoid a tree that had since been removed.  Kinder Morgan had  








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            not identified the bend, leading the contractor to believe  
            that the pipe was not in the path of the backhoe.  


             In response, the Legislature required additional communication  
            and operator qualification standards without addressing the  
            other means of improving excavation safety that had been  
            identified by the National Transportation Safety Board (NTSB)  
            and the federal pipeline safety regulator (Pipeline and  
            Hazardous Materials Safety Administration - PHMSA)  
            particularly enforcement of the one-call law.  In its 1997  
            Safety Study on excavation damage, NTSB found that  
            administratively enforcing a state's one-call law was more  
            effective than relying on an Attorney General or district  
            attorney to do so, and that small penalties were effective  
            enforcement, if for no other reason that large, punitive  
            penalties were rarely levied.  


            Fatal accidents have occurred even after all this attention,  
            drawing no response from the Legislature. On October 2, 2009,  
            two workers working inside a water pipe during a municipal  
            water project drowned when a nearby backhoe operator struck an  
            8-inch water pipe, flooding the trench they had been working  
            in.  The intersection where the strike occurred was deemed too  
            busy to mark the lines.


            More recently, on April 17, 2015, a 12-inch high-pressure  
            natural gas pipeline exploded in Fresno, injuring 14 people.   
            The accident remains under investigation, but a county worker  
            was operating a front-end loader within several feet of the  
            pipeline at the time of the explosion. According to the  
            author, the contractor responsible for the excavating job had  
            called 8-1-1 to obtain a ticket and the ticket had expired on  
            November 5th.


            California still relies on the Attorney General and district  








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            attorneys to enforce the one-call law, though regulatory  
            authorities such as the CPUC, OSFM, and CSLB have broad  
            jurisdiction over gas pipeline and electric operators,  
            hazardous liquid operators, and contractors, respectively, and  
            thus have the ability to enforce safe operations on those  
            entities within their jurisdictions.  


           3)Suggested Amendments:  This bill is identical to SB 119 (Hill)  
            of 2015, which was heard and approved in this committee on  
            July 3, 2015. Governor Brown vetoed SB 119 on October 10, 2015  
            stating, among other things, that he looked forward to working  
            closely with the author. Following the veto of SB 119 in 2015,  
            the author worked with the administration and reached an  
            understanding on technical amendments to establish a program  
            that will improve safety around subsurface excavations. The  
            amendments reflect negotiations between the administration and  
            the author. Specifically:


             a)   Deletes findings and declarations.
             b)   Reverts the definitions to current law and only adds the  
               definition for working day. 


             c)   "Advisory committee" under CSLB becomes a "board" under  
               the OSFM , but generally performs the same roles, including  
               accident investigation, standard setting, and coordination  
               of education and outreach.


             d)   Enforcement retains some characteristics of SB 119, but  
               expands enforcement in some areas.


               i)     As in SB 119, violations by certain parties found by  
                 the board through investigation will be referred to other  
                 agencies for enforcement:
                  (1)       CSLB enforces violations of licensed  








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                    contractors.


                  (2)       OSFM enforces violations of petroleum pipeline  
                    operators.


                  (3)       CPUC enforces violations of IOU gas and  
                    electric operators.


               ii)    Added are:
                  (1)       CPUC enforces violations of gas, electric, and  
                    water corporations.
                  (2)       Local governments  may  enforce against local  
                    agencies under their jurisdiction for violations of  
                    this law.


                  (3)       The board enforces violations by  all others  .


           The author may wish to consider technical amendments to make the  
          language consistent with the provisions negotiated with the  
          administration. The proposed amendments are:


           SECTION 1.  This act shall be known, and may be cited, as the  
          Dig Safe Act of 2016.
           SEC. 2.  The Legislature finds and declares all of the  
          following:
          (a) For the state's "one-call" law to be effective, it needs  
          greater clarity and effective enforcement, and it must foster  
          communication between operators of subsurface installations and  
          the various types of excavators in California.
          (b) Regional notification centers, or "one-call" centers, have  
          developed means of electronic communication that improve the  
          efficiency of the "one-call" process, and statutory barriers to  
          using new methods of notification should be eliminated.








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          (c) Electronic positive response is a means to communicate the  
          status of responses to an excavator's notice of excavation via  
          the one-call center and provides the safety benefit that an  
          excavator has an easy means to know whether or not all of the  
          utilities within the excavation area have marked their  
          subsurface installations.
          (d) The delineation by an excavator of the area to be excavated  
          in advance of the field location and marking by subsurface  
          facility operators of their installations aids the excavator in  
          understanding where subsurface installations were marked, and  
          thus improves safety. This practice was recommended by the  
          National Transportation Safety Board in its 1997 study  
          "Protecting Public Safety through Excavation Damage Prevention"  
          and is a best practice of the Common Ground Alliance.
          (e) Continuing an excavation after an excavation "ticket" has  
          expired does not promote safety, and excavators should renew  
          their ticket with the one-call center before expiration.  
          Continuing excavation when markings are no longer visible does  
          not promote safety, and excavators should stop work until the  
          subsurface installations are remarked.
          (f) Increased communication between subsurface installation  
          operators and excavators before breaking ground has safety  
          benefits.
          (g) Construction sites often have many parties conducting  
          different, ongoing work, and so the inherent safety risks  
          associated with that work can be increased by a failure of these  
          parties to effectively communicate. Excavators, operators of  
          subsurface installations, and locators have a responsibility to  
          communicate with other parties before entering these worksites,  
          which may require advance schedule coordination, and also have a  
          responsibility to observe the safety requirements set for those  
          worksites.
          (h) Abandoned subsurface installations can be mistaken for  
          active subsurface installations that are marked, and thus  
          present a safety risk to excavators and the public. Safety will  
          be improved if subsurface facility operators identify these  
          subsurface installations when their existence is known.
          (i) The ability of an operator of subsurface installations to  
          locate and mark affected installations can be seriously impaired  








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          by a lack of high-quality records of those installations, and  
          thus operators should keep records of their facilities for as  
          long as they are in the ground, whether or not they are in use.
          (j) Failure by an operator of subsurface installations to mark  
          the installations within the required two-working-day period is  
                                           a serious breach of duty.
          (k) While an operator has two working days after an excavator's  
          call to the one-call center to mark its subsurface  
          installations, failure of that operator to do so does not  
          relieve the excavator of the safety responsibility to wait until  
          the operator has marked before commencing excavation.
          (l) Mismarks by an operator place excavators and the public at  
          great safety risk, and so operators who mismark their  
          installations are entitled to no award for any damages to those  
          installations.
          (m) Installations that are embedded in pavement require more  
          extensive communication among operators, locators, and  
          excavators to prevent the installations from being damaged.
          (n) Exemptions that allow a class of persons to excavate without  
          calling 811 are to be permitted only if alternative procedures  
          allow the excavation to take place without compromising safety.
          (o) More communication is needed between the Department of  
          Transportation and the regional notification centers, including  
          the sharing of subsurface installation location information, so  
          that excavators may be alerted of possible Department of  
          Transportation subsurface installations in the area of planned  
          excavation and, if the excavation is to take place in a  
          Department of Transportation right-of-way, the need to seek a  
          Department of Transportation encroachment permit. The Department  
          of Transportation controls access to the state right-of-way by  
          the traveling public, excavators, and contractors through the  
          encroachment permit process authorized in Article 2 (commencing  
          with Section 670) of Chapter 3 of Division 1 of the Streets and  
          Highway Code.  Recognizing that the public is not always aware  
          where the state right-of-way exists, and that the Department of  
          Transportation operates subsurface installations in the state  
          right-of-way, the Department of Transportation shall facilitate  
          clear communication channels with those working around the state  
          right of way, with utility companies, and with the regional  








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          notification centers to promote safety and to prevent damage to  
          subsurface installations.
          (p) Insufficient information exists on how to best achieve  
          safety when conducting agricultural activities around subsurface  
          installations, and a study informed by data collected about  
          damages in agricultural areas is needed to determine effective  
          and appropriate safety measures.  
           (q) Prevention of boring through sewer laterals with natural gas  
          and other subsurface installation services may be achieved  
          through reasonable care in the use of trenchless excavating  
          technologies. Indication of the location of sewer laterals can  
          aid in prevention of these cross-bores.
          (r) The exemption that permits private property owners to dig on  
          their property without calling a regional notification center to  
          have the area marked for subsurface installations does not have  
          a basis in safety.
          (s) The exemption that permits homeowners to conduct excavation  
          on their property with heavy machinery or when there is a  
          utility easement on his or her property does not have a basis in  
          safety.
          (t) Behaviors that are suspected to be unsafe, but upon which  
          there is not widespread agreement as to the level of risk and,  
          therefore, are unregulated, must be monitored to better assess  
          the risk.
          (u) The Study on the Impact of Excavation Damage on Pipeline  
          Safety, submitted by the United States Department of  
          Transportation to Congress on October 9, 2014, reported that  
          other states have found that exemption of landscape maintenance  
          activities of less than 12 inches deep, when performed with hand  
          tools, does not appear to have a significant impact on safety.  
          The report cautions, however, that while those activity-based  
          exemptions may be acceptable, they should be supported by  
          sufficient data.
          (v) Insufficient data exists on the safety risks of the  
          installation of temporary real estate signposts; therefore, it  
          is important that natural gas distribution companies collect  
          information on whether damages are caused by these signposts.
          (w) Gas corporations have ready access to information about  
          damages that occur on their subsurface installations and should  








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          collect relevant data to inform future discussions regarding the  
          risk of notification exemptions.
          (x) Other states have experienced a dramatic improvement in  
          safety after implementing centralized administrative oversight  
          of one-call laws.
          (y) California should have an advisory committee, composed of  
          excavation stakeholders, subject to oversight by the Legislature  
          and the Department of Finance, to perform three major tasks,  
          which are to coordinate the diverse education and outreach  
          efforts undertaken by state and local agencies, operators, and  
          excavators throughout the state and issue grants for targeted  
          efforts, to study excavation questions and develop standards  
          that clarify best practices, and to investigate potential  
          violations of the one-call law that inform both the standards it  
          is to develop and potential enforcement actions. Due to the size  
          of the state, and in order to reduce costs, the advisory  
          committee should meet in northern and southern California.
          (z) The advisory committee should not be funded through the  
          General Fund, but should be funded through fines levied on gas  
          and electric corporations for safety violations, instead of  
          having those fines go to the General Fund.
          SEC. 3.  Section 4216 of the Government Code is amended to read:
          4216.  As used in this article the following definitions apply:
          (a) "Abandoned subsurface installation" means a subsurface  
          installation that is no longer in service and is physically  
          disconnected from any active or inactive subsurface  
          installation.
          (b) "Active subsurface installation" means a subsurface  
          installation currently in use or currently carrying service.
          (c) "Advisory Committee" means the California Underground  
          Facilities Safe Excavation Advisory Committee. 
          (d) "Delineate" means to mark in white the location or path of  
          the proposed excavation using the guidelines in Appendix B of  
          the "Guidelines for Excavation Delineation" published in the  
          most recent version of the Best Practices guide of the Common  
          Ground Alliance. If there is a conflict between the marking  
          practices in those guidelines and other provisions of this  
          article, this article shall control. "Delineation" also includes  
          physical identification of the area to be excavated using pink  








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          marking, if an excavator makes a determination that standard  
          delineation may be misleading to those persons using affected  
          streets and highways, or be misinterpreted as a traffic or  
          pedestrian control, and the excavator has contacted the regional  
          notification center to advise the operators that the excavator  
          will physically identify the area to be excavated using pink  
          markings.
          (e) "Electronic positive response" means an electronic response  
          from an operator to the regional notification center providing  
          the status of an operator's statutorily required response to a  
          ticket.
          (f) (1) "Emergency" means a sudden, unexpected occurrence,  
          involving a clear and imminent danger, demanding immediate  
          action to prevent or mitigate loss of, or damage to, life,  
          health, property, or essential public services.
          (2) "Unexpected occurrence" includes, but is not limited to, a  
          fire, flood, earthquake or other soil or geologic movement,  
          riot, accident, damage to a subsurface installation requiring  
          immediate repair, or sabotage.
          (g) (1) "Excavation" means any operation in which earth, rock,  
          pavement, or other material in the ground is moved, removed, or  
          otherwise displaced by means of tools, equipment, or explosives  
          in any of the following ways: grading, trenching, digging,  
          ditching, drilling, augering, tunneling, scraping, cable or pipe  
          plowing and driving, gouging, crushing, jack hammering, saw  
          cutting, or any other way.
          (2) For purposes of this article, "excavation" does not include  
          any of the following:
          (A) Landscape maintenance activity that is performed with hand  
          tools at a depth of no more than 12 inches. Landscape  
          maintenance activity includes all of the following:
          (i) Aeration, dethatching, and cutting of vegetation, including  
          lawn edging.
          (ii) Installation or replacement of ground cover and plant life.
          (iii) Minor fixes to existing drainage and sprinkler systems.
          (B) Operator maintenance activities that are performed with hand  
          tools around an operator's facilities that traverse from above  
          the ground to below ground in areas known, or reasonably  
          believed, to contain only the operator's facilities. Operator  








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          maintenance activities include all of the following:
          (i) Clearing soil, debris, or vegetation from around or inside  
          vaults, casings, and other in-ground structures that house an  
          operator's facilities.
          (ii) Moving, removing, or displacing soil for the specific  
          purpose of mitigating or preventing corrosion to pipeline  
          facilities such as gas meters, risers, pipes, and valves located  
          above ground or inside vaults, casings, and other in-ground  
          structures.
          (iii) Replacing or repairing an operator's facilities located  
          above ground or inside vaults, casings, and other in-ground  
          structures.
          (iv) Repairing or replacing vaults, casings, and other in-ground  
          structures that house an operator's facilities.
          (C) Routine digging, grading, and scraping or similar operations  
          in a flood control area known, or reasonably known, not to  
          contain substructures, in connection with debris, vegetation,  
          sediment, or mudflow removal for the purposes of flood control  
          where the flood control facility is owned by a county, city,  
          city and county, flood control district, or similar special  
          district, and the activity is performed by or for the county,  
          city, city and county, flood control district, or similar  
          special district.
          (D) This paragraph shall become inoperative on January 1, 2020.
          (3) The exclusion of the activities in paragraph (2) from the  
          definition of "excavation" shall not be used to discourage a  
          person planning to perform those activities from voluntarily  
          notifying a regional notification center pursuant to Section  
          4216.2, and does not relieve an operator of a subsurface  
          installation from the obligation to locate and field mark  
          pursuant to Section 4216.3 following the notification. The  
          exclusion of activities in paragraph (2) does not relieve a  
          person performing those activities from a duty of reasonable  
          care to prevent damage to subsurface installations, and failure  
          to exercise reasonable care may result in liability for damage  
          to a subsurface installation that is proximately caused by those  
          activities.
          (h) Except as provided in Section 4216.8, "excavator" means any  
          person, firm, contractor or subcontractor, owner, operator,  








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          utility, association, corporation, partnership, business trust,  
          public agency, or other entity that, with his, her, or its own  
          employees or equipment, performs any excavation.
          (i) "Hand tool" means a piece of equipment used for excavating  
          that uses human power and is not powered by any motor, engine,  
          hydraulic, or pneumatic device.
          (j) "High priority subsurface installation" means high-pressure  
          natural gas pipelines with normal operating pressures greater  
          than 415kPA gauge (60psig), petroleum pipelines, pressurized  
          sewage pipelines, high-voltage electric supply lines,  
          conductors, or cables that have a potential to ground of greater  
          than or equal to 60kv, or hazardous materials pipelines that are  
          potentially hazardous to workers or the public if damaged.
          (k) "Inactive subsurface installation" means both of the  
          following:
          (1) The portion of an underground subsurface installation that  
          is not in use but is still connected to the subsurface  
          installation, or to any other subsurface installation, that is  
          in use or still carries service.
          (2) A new underground subsurface installation that has not been  
          connected to any portion of an existing subsurface installation.
          (l) "Legal excavation start date and time" means at least two  
          working days, not including the date of notification, or up to  
          14 calendar days from the date of notification, if so specified  
          by the excavator.
          (m) "Local agency" means a city, county, city and county, school  
          district, or special district.
          (n) (1) "Locate and field mark" means to indicate the existence  
          of any owned or maintained subsurface installations by using the  
          guidelines in Appendix B of the "Guidelines for Operator  
          Facility Field Delineation" published in the most recent version  
          of the Best Practices guide of the Common Ground Alliance and in  
          conformance with the uniform color code of the American Public  
          Works Association. If there is a conflict between the marking  
          practices in the guidelines and this article, this article shall  
          control.
          (2) "Locate and field mark" does not require an indication of  
          the depth.
          (o) "Near miss" means an event in which damage did not occur,  








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          but a clear potential for damage was identified.
          (p) "Operator" means any person, corporation, partnership,  
          business trust, public agency, or other entity that owns,  
          operates, or maintains a subsurface installation. For purposes  
          of Section 4216.1, an "operator" does not include an owner of  
          real property where subsurface installations are exclusively  
          located if they are used exclusively to furnish services on that  
          property and the subsurface facilities are under the operation  
          and control of that owner.
          (q) "Pavement" means a manmade surface material that cannot be  
          removed with a conventional hand tool.
          (r) "Positive response" means the response from an operator  
          directly to the excavator providing the status of an operator's  
          statutorily required response to a ticket.
          (s) "Qualified person" means a person who completes a training  
          program in accordance with the requirements of Section 1509 of  
          Title 8 of the California Code of Regulations, Injury and  
          Illness Prevention Program, that meets the minimum locators  
          training guidelines and practices published in the most recent  
          version of the Best Practices guide of the Common Ground  
          Alliance.
          (t) "Regional notification center" means a nonprofit association  
          or other organization of operators of subsurface installations  
          that provides advance warning of excavations or other work close  
          to existing subsurface installations, for the purpose of  
          protecting those installations from damage, removal, relocation,  
          or repair.
          (u) "State agency" means every state agency, department,  
          division, bureau, board, or commission.
          (v) "Subsurface installation" means any underground or submerged  
          duct, pipeline, or structure, including, but not limited to, a  
          conduit, duct, line, pipe, wire, or other structure, except  
          nonpressurized sewerlines, nonpressurized storm drains, or other  
          nonpressurized drain lines.
          (w) "Ticket" means an excavation location request issued a  
          number by the regional notification center.
          (x) "Tolerance zone" means 24 inches on each side of the field  
          marking placed by the operator in one of the following ways:
          (1) Twenty-four inches from each side of a single marking,  








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          assumed to be the centerline of the subsurface installation.
          (2) Twenty-four inches plus one-half the specified size on each  
          side of a single marking with the size of installation  
          specified.
          (3) Twenty-four inches from each outside marking that  
          graphically shows the width of the outside surface of the  
          subsurface installation on a horizontal plane.
          (y) "Working day" for the purposes of determining excavation  
          start date and time means a weekday Monday through Friday, from  
          7:00 a.m. to 5:00 p.m., except for federal holidays and state  
          holidays, as defined in Section 19853, or as otherwise posted on  
          the Internet Web site of the regional notification center.
            
          SEC. 2.  Section 4216 of the Government Code is amended to read:
          4216.  As used in this article the following definitions apply:
          (a) "Approximate location of subsurface installations" means a  
          strip of land not more than 24 inches on either side of the  
          exterior surface of the subsurface installation. "Approximate  
          location" does not mean depth.
          (b) "Excavation" means any operation in which earth, rock, or  
          other material in the ground is moved, removed, or otherwise  
          displaced by means of tools, equipment, or explosives in any of  
          the following ways: grading, trenching, digging, ditching,  
          drilling, augering, tunneling, scraping, cable or pipe plowing  
          and driving, or any other way.
          (c) Except as provided in Section 4216.8, "excavator" means any  
          person, firm, contractor or subcontractor, owner, operator,  
          utility, association, corporation, partnership, business trust,  
          public agency, or other entity that, with their, or his or her,  
          own employees or equipment performs any excavation.
          (d) "Emergency" means a sudden, unexpected occurrence, involving  
          a clear and imminent danger, demanding immediate action to  
          prevent or mitigate loss of, or damage to, life, health,  
          property, or essential public services. "Unexpected occurrence"  
          includes, but is not limited to, fires, floods, earthquakes or  
          other soil or geologic movements, riots, accidents, damage to a  
          subsurface installation requiring immediate repair, or sabotage.
          (e) "High priority subsurface installation" means high-pressure  
          natural gas pipelines with normal operating pressures greater  








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          than 415kPA gauge (60psig), petroleum pipelines, pressurized  
          sewage pipelines, high-voltage electric supply lines,  
          conductors, or cables that have a potential to ground of greater  
          than or equal to 60kv, or hazardous materials pipelines that are  
          potentially hazardous to workers or the public if damaged.
          (f) "Inquiry identification number" means the number that is  
          provided by a regional notification center to every person who  
          contacts the center pursuant to Section 4216.2. The inquiry  
          identification number shall remain valid for not more than 28  
          calendar days from the date of issuance, and after that date  
          shall require regional notification center revalidation.
          (g) "Local agency" means a city, county, city and county, school  
          district, or special district.
          (h) "Operator" means any person, corporation, partnership,  
          business trust, public agency, or other entity that owns,  
          operates, or maintains a subsurface installation. For purposes  
          of Section 4216.1, an "operator" does not include an owner of  
          real property where subsurface facilities are exclusively  
          located if they are used exclusively to furnish services on that  
          property and the subsurface facilities are under the operation  
          and control of that owner.
          (i) "Qualified person" means a person who completes a training  
          program in accordance with the requirements of Title 8,  
          California Code of Regulations, Section 1509, Injury Prevention  
          Program, that meets the minimum training guidelines and  
          practices of Common Ground Alliance current Best Practices.
          (j) "Regional notification center" means a nonprofit association  
          or other organization of operators of subsurface installations  
          that provides advance warning of excavations or other work close  
          to existing subsurface installations, for the purpose of  
          protecting those installations from damage, removal, relocation,  
          or repair.
          (k) "State agency" means every state agency, department,  
          division, bureau, board, or commission.
          (l) "Subsurface installation" means any underground pipeline,  
          conduit, duct, wire, or other structure, except nonpressurized  
          sewerlines, nonpressurized storm drains, or other nonpressurized  
          drain lines.
           (m) "Working day" for the purposes of determining excavation  








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          start date and time means a weekday Monday through Friday, from  
          7:00 a.m. to 5:00 p.m., except for federal holidays and state  
          holidays, as defined in Section 19853, or as otherwise posted on  
          the Internet Web site of the regional notification center.
           
           SEC. 4.   SEC. 3.  
          Section 4216.1 of the Government Code is amended to read:
          4216.1. Every operator of a subsurface installation, except the  
          Department of Transportation, shall become a member of,  
          participate in, and share in the costs of, a regional  
          notification center. Operators of subsurface installations who  
          are members of, participate in, and share in, the costs of a  
          regional notification center, including, but not limited to, the  
          Underground Service Alert-Northern California or the Underground  
          Service Alert-Southern California are in compliance with this  
          section and Section 4216.9.

           SEC. 5.   SEC. 4.  Section 4216.2 of the Government Code is amended  
          to read:
          4216.2. (a) Before notifying the appropriate regional  
          notification center, an excavator planning to conduct an  
          excavation shall delineate the area to be excavated. If the area  
          is not delineated, an operator may, at the operator's  
          discretion, choose not to locate and field mark until the area  
          to be excavated has been delineated.
          (b) Except in an emergency, an excavator planning to conduct an  
          excavation shall notify the appropriate regional notification  
          center of the excavator's intent to excavate at least two  
          working days, and not more than 14 calendar days, before  
          beginning that excavation. The date of the notification shall  
          not count as part of the two-working-day notice. If an excavator  
          gives less notice than the legal excavation start date and time  
                                                          and the excavation is not an emergency, the regional  
          notification center will take the information and provide a  
          ticket, but an operator has until the legal excavation start  
          date and time to respond. However, an excavator and an operator  
          may mutually agree to a different notice and start date.
          (c) When the excavation is proposed within 10 feet of a high  
          priority subsurface installation, the operator of the high  








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          priority subsurface installation shall notify the excavator of  
          the existence of the high priority subsurface installation prior  
          to the legal excavation start date and time, and set up an  
          onsite meeting at a mutually agreed upon time to determine  
          actions or activities required to verify the location and  
          prevent damage to the high priority subsurface installation. The  
          excavator shall not begin excavating until after the completion  
          of the onsite meeting.
          (d) Except in an emergency, every excavator covered by Section  
          4216.8 planning to conduct an excavation on private property  
          that does not require an excavation permit may contact the  
          appropriate regional notification center if the private property  
          is known, or reasonably should be known, to contain a subsurface  
          installation other than the underground facility owned or  
          operated by the excavator. Before notifying the appropriate  
          regional notification center, an excavator shall delineate the  
          area to be excavated. Any temporary marking placed at the  
          planned excavation location shall be clearly seen, functional,  
          and considerate to surface aesthetics and the local community.  
          An excavator shall check if any local ordinances apply to the  
          placement of temporary markings.
          (e) If an excavator gives less than the legal excavation start  
          date and time and it is not an emergency, the regional  
          notification center shall take the information and provide a  
          ticket but an operator shall have until the legal excavation  
          start date and time to respond.
          (f) The regional notification center shall provide a ticket to  
          the person who contacts the center pursuant to this section and  
          shall notify any member, if known, who has a subsurface  
          installation in the area of the proposed excavation. A ticket  
          shall be valid for 28 days from the date of issuance. If work  
          continues beyond 28 days, the excavator shall  update   renew  the  
          ticket either by accessing the center's Internet Web site or by  
          calling "811" by the end of the 28th day.
          (g) A record of all notifications by an excavator or operator to  
          the regional notification center shall be maintained for a  
          period of not less than three years. The record shall be  
          available for inspection by the excavator and any member, or  
          their representative, during normal working hours and according  








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          to guidelines for inspection as may be established by the  
          regional notification centers.
          (h) Unless an emergency exists, an excavator shall not begin  
          excavation until the excavator receives a positive response from  
          all known subsurface installations within the delineated  
          boundaries of the proposed area of excavation.
          (i) If a site requires special access, an excavator shall  
          request an operator to contact the excavator regarding that  
          special access or give special instructions on the location  
          request.
          (j) If a ticket obtained by an excavator expires but work is  
          ongoing, the excavator shall call into the regional notification  
          center and get a new ticket and wait a minimum of two working  
          days, not including the date of call in, before restarting  
          excavation. All excavation shall cease during the waiting  
          period.

           SEC. 6.   SEC. 5.  Section 4216.3 of the Government Code is amended  
          to read:
          4216.3.  (a) (1) (A) Unless the excavator and operator mutually  
          agree to a later start date and time, or otherwise agree to the  
          sequence and timeframe in which the operator will locate and  
          field mark, an operator shall do one of the following before the  
          legal excavation start date and time:
          (i) Locate and field mark within the area delineated for  
          excavation and, where multiple subsurface installations of the  
          same type are known to exist together, mark the number of  
          subsurface installations.
          (ii) To the extent and degree of accuracy that the information  
          is available, provide information to an excavator where the  
          operator's active or inactive subsurface installations are  
          located.
          (iii) Advise the excavator it operates no subsurface  
          installations in the area delineated for excavation.
          (B) An operator shall mark newly installed subsurface  
          installations in areas with continuing excavation activity.
          (C) An operator shall indicate with an "A" inside a circle the  
          presence of any abandoned subsurface installations, if known,  
          within the delineated area. The markings are to make an  








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          excavator aware that there are abandoned subsurface  
          installations within that delineated work area.
          (2) Only a qualified person shall perform subsurface  
          installation locating activities.
          (3) A qualified person performing subsurface installation  
          locating activities on behalf of an operator shall use a minimum  
          of a single-frequency utility locating device and shall have  
          access to alternative sources for verification, if necessary.
          (4) An operator shall amend, update, maintain, and preserve all  
          plans and records for its subsurface installations as that  
          information becomes known. If there is a change in ownership of  
          a subsurface installation, the records shall be turned over to  
          the new operator. Commencing January 1, 2017, records on  
          abandoned subsurface installations, to the extent that those  
          records exist, shall be retained.
          (b) If the field marks are no longer reasonably visible, an  
          excavator shall renotify the regional notification center with a  
          request for remarks that can be for all or a portion of the  
          excavation. Excavation shall cease in the area to be remarked.  
          If the delineation markings are no longer reasonably visible,  
          the excavator shall redelineate the area to be remarked. If  
          remarks are requested, the operator shall have two working days,  
          not including the date of request, to remark the subsurface  
          installation. If the area to be remarked is not the full extent  
          of the original excavation, the excavator shall delineate the  
          portion to be remarked and provide a description of the area  
          requested to be remarked on the ticket. The excavator shall  
          provide a description for the area to be remarked that falls  
          within the area of the original location request.
          (c) Every operator may supply an electronic positive response  
          through the regional notification center before the legal  
          excavation start date and time. The regional notification center  
          shall make those responses available.
          (d) The excavator shall notify the appropriate regional  
          notification center of the failure of an operator to identify  
          subsurface installations pursuant to subparagraph (A) or (B) of  
          paragraph (1) of subdivision (a), or subdivision (b). The  
          notification shall include the ticket issued by the regional  
          notification center. A record of all notifications received  








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          pursuant to this subdivision shall be maintained by the regional  
          notification center for a period of not less than three years.  
          The record shall be available for inspection pursuant to  
          subdivision (h) of Section 4216.2.
          (e) If an operator or local agency knows that it has a  
          subsurface installation embedded or partially embedded in the  
          pavement that is not visible from the surface, the operator or  
          local agency shall contact the excavator before pavement removal  
          to communicate and determine a plan of action to protect that  
          subsurface installation and excavator.
           


          SEC. 7.   SEC. 6.  Section 4216.4 of the Government Code is amended  
          to read:


          4216.4.  (a) (1) Except as provided in paragraph (2), if an  
          excavation is within the tolerance zone of a subsurface  
          installation, the excavator shall determine the exact location  
          of the subsurface installations in conflict with the excavation  
          using hand tools before using any power-driven excavation or  
          boring equipment within the tolerance zone of the subsurface  
          installations. In all cases the excavator shall use reasonable  
          care to prevent damaging subsurface installations.
          (2) (A) An excavator may use a vacuum excavation device to  
          expose subsurface installations within the tolerance zone if the  
          operator has marked the subsurface installation, the excavator  
          has contacted any operator whose subsurface installations may be  
          in conflict with the excavation, and the operator has agreed to  
          the use of a vacuum excavation device. An excavator shall inform  
          the regional notification center of his or her intent to use a  
          vacuum excavation device when obtaining a ticket.
          (B) An excavator may use power-operated or boring equipment for  
          the removal of any existing pavement only if there is no known  
          subsurface installation contained in the pavement.
          (3) An excavator shall presume all subsurface installations to  
          be active, and shall use the same care around subsurface  
          installations that may be inactive as the excavator would use  








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          around active subsurface installations.
          (b) If the exact location of the subsurface installation cannot  
          be determined by hand excavating in accordance with subdivision  
          (a), the excavator shall request the operator to provide  
          additional information to the excavator, to the extent that  
          information is available to the operator, to enable the  
          excavator to determine the exact location of the installation.  
          If the excavator has questions about the markings that an  
          operator has placed, the excavator may contact the notification  
          center to send a request to have the operator contact the  
          excavator directly. The regional notification center shall  
          provide the excavator with the contact telephone number of the  
          subsurface installation operator.
          (c) An excavator discovering or causing damage to a subsurface  
          installation, including all breaks, leaks, nicks, dents, gouges,  
          grooves, or other damage to subsurface installation lines,  
          conduits, coatings, or cathodic protection, shall immediately  
          notify the subsurface installation operator. The excavator may  
          contact the regional notification center to obtain the contact  
          information of the subsurface installation operator. If high  
          priority subsurface installations are damaged and the operator  
          cannot be contacted immediately, the excavator shall call 911  
          emergency services.
          (d) Each excavator, operator, or locator shall communicate with  
          each other and respect the appropriate safety requirements and  
          ongoing activities of the other parties, if known, at an  
          excavation site.
           


          SEC. 8.   SEC. 7.  Section 4216.5 of the Government Code is amended  
          to read:


          4216.5. The requirements of this article apply to state agencies  
          and to local agencies that own or operate subsurface  
          installations, except as otherwise provided in Section 4216.1. A  
          local agency that is required to provide the services described  
          in Section 4216.3 may charge a fee in an amount sufficient to  








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          cover the cost of providing that service.

           SEC. 9.   SEC. 8.  Section 4216.6 of the Government Code is amended  
          to read:


          4216.6.  (a) (1) Any operator or excavator who negligently  
          violates this article is subject to a civil penalty in an amount  
          not to exceed ten thousand dollars ($10,000).
          (2) Any operator or excavator who knowingly and willfully  
          violates any of the provisions of this article is subject to a  
          civil penalty in an amount not to exceed fifty thousand dollars  
          ($50,000).
          (3) Except as otherwise specifically provided in this article,  
          this section is not intended to affect any civil remedies  
          otherwise provided by law for personal injury or for property  
          damage, including any damage to subsurface installations, nor is  
          this section intended to create any new civil remedies for those  
          injuries or that damage.
          (4) This article shall not be construed to limit any other  
          provision of law granting governmental immunity to state or  
          local agencies or to impose any liability or duty of care not  
          otherwise imposed by law upon any state or local agency.
          (b) An action may be brought by the Attorney General, the  
          district attorney, or the local or state agency that issued the  
          permit to excavate, for the enforcement of the civil penalty  
          pursuant to this section in a civil action brought in the name  
          of the people of the State of California. If penalties are  
          collected as a result of a civil suit brought by a state or  
          local agency for collection of those civil penalties, the  
          penalties imposed shall be paid to the general fund of the  
          agency. If more than one agency is involved in enforcement, the  
          penalties imposed shall be apportioned among them by the court  
          in a manner that will fairly offset the relative costs incurred  
          by the state or local agencies, or both, in collecting these  
          fees.
          (c) The requirements of this article may also be enforced  
          following a recommendation of the California Underground  
          Facilities Safe Excavation  Advisory Committee by a state or  








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          local agency, which may include the Attorney General or a  
          district attorney, with jurisdiction over the activity or  
          business undertaken in commission of the violation. The  
          following agencies   Board by the following agencies, who  shall  
          act to accept, amend, or reject the recommendations of the  
           advisory committee as follows:   board:  
          (1) The Registrar of Contractors of the Contractors' State  
          License Board shall enforce the provisions of this article on  
          contractors, as defined in Article 2  (commencing with Section  
          7025)  of Chapter 9 of Division 3 of the Business and Professions  
          Code.
          (2) The Public Utilities Commission shall enforce the provisions  
          of this article on gas corporations, as defined in Section 222  
          of the Public Utilities Code, and electrical corporations, as  
          defined in Section 218 of the Public Utilities Code  , and water  
          corporations, as defined in Section 241 of the Public Utilities  
          Code.  


          (3) The Office of the State Fire Marshal shall enforce the  
          provisions of this article on operators of hazardous liquid  
          pipeline facilities, as defined in Section 60101 of Chapter 601  
          of Subtitle VIII of Title 49 of the United States Code.
           (d) The local governing board may enforce the provisions of this  
          article on local agencies under the governing board's  
          jurisdiction.
          (e) California Underground Facilities Safe Excavation Board  
          shall enforce the provisions of this article on persons other  
          than those listed in subdivision (c) and (d).
          (f) Moneys collected as a result of penalties imposed pursuant  
          to subdivisions (c) and (e) shall be deposited in the Safe  
          Energy Infrastructure and Excavation Fund.
            (d)   (g)  Statewide information provided by operators and  
          excavators regarding  facility   incident  events shall be compiled  
          and made available in an annual report by regional notification  
          centers and posted on the Internet Web sites of the regional  
          notification centers.
           (e)   (h)  For purposes of subdivision  (d),   (g),  the following  
          terms have the following meanings:








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           (1) "  Facility   Incident  event" means the occurrence of excavator  
          downtime, damages, near misses, and violations.
          (2) "Statewide information" means information submitted by  
          operators and excavators using the California Regional Common  
          Ground Alliance's Virtual Private Damage Information Reporting  
          Tool. Supplied data shall comply with the Damage Information  
          Reporting Tool's minimum essential information as listed in the  
          most recent version of the Best Practices guide of the Common  
          Ground Alliance.

           SEC. 10.   SEC. 9.  Section 4216.7 of the Government Code is amended  
          to read:
          4216.7.  (a) If a subsurface installation is damaged by an  
          excavator as a result of failing to comply with Section 4216.2  
          or 4216.4, or subdivision (b) of Section 4216.3, or as a result  
          of failing to comply with the operator's requests to protect the  
          subsurface installation as specified by the operator before the  
          start of excavation, the excavator shall be liable to the  
          operator of the subsurface installation for resulting damages,  
          costs, and expenses to the extent the damages, costs, and  
          expenses were proximately caused by the excavator's failure to  
          comply.
          (b) If an operator has failed to become a member of, participate  
          in, or share in the costs of, a regional notification center,  
          that operator shall forfeit his or her claim for damages to his  
          or her subsurface installation arising from an excavation  
          against an excavator who has complied with this article to the  
          extent damages were proximately caused by the operator's failure  
          to comply with this article.
          (c) If an operator of a subsurface installation without a  
          reasonable basis, as determined by a court of competent  
          jurisdiction, has failed to comply with the provisions of  
          Section 4216.3, including, but not limited to, the requirement  
          to field mark the appropriate location of subsurface  
          installations within two working days of notification, as  
          defined by subdivision  (y)   (m)  of Section 4216 and subdivision  
          (b) of Section 4216.2, has failed to comply with subdivision (c)  
          of Section 4216.2, or has failed to comply with subdivision (b)  
          of Section 4216.4, the operator shall be liable for damages to  








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          the excavator who has complied with Section 4216.2, subdivisions  
          (b) and (d) of Section 4216.3, and Section 4216.4, including  
          liquidated damages, liability, losses, costs, and expenses,  
          actually incurred by the excavator, resulting from the  
          operator's failure to comply with these specified requirements  
          to the extent the damages, costs, and expenses were proximately  
          caused by the operator's failure to comply.
          (d) An excavator who damages a subsurface installation due to an  
          inaccurate field mark by an operator, or by a third party under  
          contract to perform field marking for the operator, shall not be  
          liable for damages, replacement costs, or other expenses arising  
          from damages to the subsurface installation if the excavator  
          complied with Sections 4216.2 and 4216.4.
          This section is not intended to create any presumption or to  
          affect the burden of proof in any action for personal injuries  
          or property damage, other than damage to the subsurface  
          installation, nor is this section intended to affect, create, or  
          eliminate any remedy for personal injury or property damage,  
          other than damage to the subsurface installation.
          (e) For the purposes of this section, "inaccurate field mark"  
          means a mark, or set of markings, made pursuant to Section  
          4216.3, that did not correctly indicate the approximate location  
          of a subsurface installation affected by an excavation and  
          includes the actual physical location of a subsurface  
          installation affected by an excavation that should have been  
          marked pursuant to Section 4216.3 but was not.
          (f) Nothing in this section shall be construed to do any of the  
          following:
          (1) Affect claims including, but not limited to, third-party  
          claims brought against the excavator or operator by other  
          parties for damages arising from the excavation.
          (2) Exempt the excavator or operator from his or her duty to  
          mitigate any damages as required by common or other applicable  
          law.
          (3) Exempt the excavator or operator from liability to each  
          other or third parties based on equitable indemnity or  
          comparative or contributory negligence.

           SEC. 11. Section 4216.8 of the Government Code is amended to  








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          read:

            4216.8. This article does not apply to either of the following  
          persons:
            (a) An owner of residential real property, not engaged as a  
          contractor or subcontractor licensed pursuant to Article 5  
          (commencing with Section 7065) of Chapter 9 of Division 3 of the  
          Business and Professions Code, who, as part of improving his or  
          her principal residence or an appurtenance thereto, is  
          performing or is having an excavation performed using hand  
          tools, including the installations of temporary real estate  
          signposts, that does not require a permit issued by a state or  
          local agency. A person described in this subdivision is not an  
          "excavator" as defined in subdivision (h) of Section 4216,  
          however this subdivision shall not discourage a person from  
          voluntarily notifying a regional notification center pursuant to  
          Section 4216.2, and does not relieve an operator of a subsurface  
          facility from the obligation to locate and field mark pursuant  
          to Section 4216.3 following the notification. Notwithstanding  
          Section 4216.2, an owner of real residential property is not  
          required to wait until 14 calendar days before the beginning of  
          an excavation to notify the regional notification center, but  
          rather may do so at any time at least two working days before  
          beginning an excavation to learn the locations of subsurface  
          installations on his or her property. This subdivision does not  
          relieve a person performing excavation activities from a duty of  
          reasonable care to prevent damage to subsurface installations,  
          and failure to exercise reasonable care may result in liability  
          for damage to a subsurface installation that is proximately  
          caused by those activities.
          (b) Any person or private entity that leases or rents power  
                                                                                operated or power-driven excavating or boring equipment,  
          regardless of whether an equipment operator is provided for that  
          piece of equipment or not, to a contractor or subcontractor  
          licensed pursuant to Article 5 (commencing with Section 7065) of  
          Chapter 9 of Division 3 of the Business and Professions Code, if  
          the signed rental agreement between the person or private entity  
          and the contractor or subcontractor contains the following  
          provision:








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          "It is the sole responsibility of the lessee or renter to follow  
          the requirements of the regional notification center law  
          pursuant to Article 2 (commencing with Section 4216) of Chapter  
          3.1 of Division 5 of Title 1 of the Government Code. By signing  
          this contract, the lessee or renter accepts all liabilities and  
          responsibilities contained in the regional notification center  
          law."
           
           SEC. 12.   SEC. 10.
           Section 4216.9 of the Government Code is amended to read:
          4216.9. (a) A permit to excavate issued by any local agency, as  
          defined in Section 4216, or any state agency, shall not be valid  
          unless the applicant has been provided an initial ticket by a  
          regional notification center pursuant to Section 4216.2. For  
          purposes of this section, "state agency" means every state  
          agency, department, division, bureau, board, or commission,  
          including the Department of Transportation.
          (b) This article does not exempt any person or corporation from  
          Sections 7951, 7952, and 7953 of the Public Utilities Code.

           SEC. 13.   SEC. 11.
           Section 4216.12 is added to the Government Code, to read:
          4216.12. (a) The California Underground Facilities Safe  
          Excavation  Advisory Committee   Board  is hereby created under, and  
          shall be assisted by the staff of, the  Contractors' State  
          License Board in the Department of Consumer Affairs.   Office of  
          the State Fire Marshall.  
          (b) The  advisory committee   board  shall perform the following  
          tasks:
          (1) Coordinate education and outreach activities that encourage  
          safe excavation practices, as described in Section 4216.17.
          (2) Develop standards, as described in Section 4216.18.
          (3) Investigate possible violations of this article, as  
          described in Section 4216.19.
           (c) Notwithstanding any other law, the repeal of this section  
          renders the advisory committee subject to review by the  
          appropriate policy committees of the Legislature.
          (d) This section shall remain in effect so long as, pursuant to  








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          subdivision (c) of Section 7000.5 of the Business and  
          Professions Code, there is in the Department of Consumer Affairs  
          a Contractors' State License Board.
          (e) This section shall become operative only if the Legislature  
          appropriates moneys from the Safe Energy Infrastructure and  
          Excavation Fund to the California Underground Facilities Safe  
          Excavation Advisory Committee for the purposes of this section  
          and grants authority to the Contractors' State License Board to  
          hire sufficient staff.
            (4) Enforce the article, to the extent authorized by subdivision  
          (e) of Section 4216.6.
          (c) Notwithstanding any other law, on and after January 1, 2019,  
          the board shall be subject to review by the appropriate policy  
          committees of the Legislature.
            
          SEC. 14.  SEC. 12.
           Section 4216.13 is added to the Government Code, to read:
          4216.13. (a) The  advisory committee   board  shall be composed of  
          nine members, of which  four   s even  shall be appointed by the  
          Governor,  three shall be appointed by the Contractors' State  
          License Board,  one shall be appointed by the Speaker of the  
          Assembly, and one shall be appointed by the Senate Committee on  
          Rules.
          (b) The  four   Seven  members appointed by the Governor shall be  
          appointed, as follows:
          (1) Three members shall have knowledge and expertise in the  
          operation of subsurface installations. Of those three members,  
          one shall have knowledge and expertise in the operation of the  
          subsurface installations of a municipal utility. At least one of  
          the three members shall have knowledge and experience in the  
          operation of high priority subsurface installations.
           (2) One member shall have knowledge and expertise in subsurface  
          installation location and marking and shall not be under the  
          direct employment of an operator.
          (c) The three   (2) Three  members  appointed by the Contractors'  
          State License Board  shall have knowledge and experience in  
          contract excavation for employers who are not operators of  
          subsurface installations. Of the three members, one member shall  
          be a general engineering contractor, one member shall be a  








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          general building contractor, and one member shall be a specialty  
          contractor. For the purposes of this section, the terms "general  
          engineering contractor," "general building contractor," and  
          "specialty contractor" shall have the meanings given in Article  
          4 (commencing with Section 7055) of Chapter 9 of Division 3 of  
          the Business and Professions Code. 
           (3) One member shall have knowledge and expertise in subsurface  
          installation location and marking and shall not be under the  
          direct employment of an operator.
           (d) The member appointed by the Speaker of the Assembly shall  
          have knowledge and expertise in representing in safety matters  
          the workers employed by contract excavators.
          (e) The member appointed by the Senate Committee on Rules shall  
          have knowledge and expertise in managing the underground  
          installations on one's own property, and may be drawn from  
          agricultural, commercial, or residential, or other, property  
          sectors.
          (f) The  advisory committee   board  may invite two directors of  
          operations of regional notification centers to be nonvoting ex  
          officio members of the  advisory committee.   board.  

           SEC. 15.  SEC. 13.  Section 4216.14 is added to the Government  
          Code, to read:
          4216.14. (a) The term of a member of the  advisory committee   board   
          is  two   four  years. Of the first members of the  advisory  
          committee,   board,  four members, determined by lot, shall serve  
          for  one year   two years  so that the terms of the members shall be  
          staggered.
          (b) A member shall not be appointed for more than two  
          consecutive full terms.
          (c) To the extent possible, the appointing power shall fill any  
          vacancy in the membership of the  advisory committee   board  within  
          60 days after the vacancy occurs.
          (d) Upon the recommendation of the  advisory committee,   board,  the  
          Governor may remove a member appointed by the Governor for  
          incompetence or misconduct.
          (e) The  advisory committee   board  shall select a chairperson from  
          among its members at the first meeting of each calendar year or  
          when a vacancy in the chair exists.








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          (f) Subject to subdivision (g), the manner in which the  
          chairperson is selected and the chairperson's term of office  
          shall be determined by the  advisory committee.   board.  
          (g) A member of the  advisory committee   board  shall not serve more  
          than two consecutive years as the chairperson of the  advisory  
          committee.   board.  

           SEC. 16.   SEC. 14.  Section 4216.15 is added to the Government  
          Code, to read:
          4216.15. The  advisory committee   board  shall meet at least once  
          every three months. The  advisory committee   board  shall hold  
          meetings in Sacramento and Los Angeles, and in other locations  
          in the state it deems necessary.

           SEC. 17.   SEC. 15.  Section 4216.16 is added to the Government  
          Code, to read:
          4216.16. The  advisory committee   board  may obtain funding for its  
          operational expenses from:
           (a) The Safe Energy Infrastructure and Excavation Fund, created  
          in Section 320.5 of the Public Utilities Code.
          (b)   (a)  A federal or state grant.
           (c)   (b)  A fee charged to members of the regional notification  
          centers not to exceed the reasonable regulatory cost incident to  
          enforcement of this article.  Revenues derived from the  
          imposition of this fee shall be deposited in the Safe Energy  
          Infrastructure and Excavation Fund.
            (d)   A filing or administrative fee to hear a complaint pursuant  
          to Section 4216.20.  
           (e)   (c)  Any other source.

           SEC. 18.   SEC. 16.  Section 4216.17 is added to the Government  
          Code, to read:
          4216.17. (a) In order to understand the needs for education and  
          outreach, including  of  those groups with the highest awareness  
          and education needs, such as homeowners, and to facilitate  
          discussion on how to coordinate those efforts, the  advisory  
          committee   board  shall annually convene a meeting with state and  
          local government agencies, California operators, regional  
          notification centers, and trade associations that fund outreach  








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          and education programs that encourage safe excavation practices.
          (b) The  advisory committee  board  shall use the annual meeting  
          described in subdivision (a) to determine the areas in which  
          additional education and outreach efforts should be targeted.  
          The  advisory committee   board  shall grant the use of the moneys  
           that may be apportioned to it by the Public Utilities Commission  
          pursuant to paragraph (1) of subdivision (b) of Section 320.5 of  
          the Public Utilities Code   in the Safe Energy Infrastructure and  
          Excavation Fund  to fund public education and outreach programs  
          designed to promote excavation safety around subsurface  
          installations and  target   targeted  towards specific excavator  
          groups, giving priority to those with the highest awareness and  
          education needs, such as homeowners.

           SEC. 19.   SEC. 17.  Section 4216.18 is added to the Government  
          Code, to read:
          4216.18. (a)  The  advisory committee   board  shall develop a  
          standard or set of standards relevant to safety practices in  
          excavating around subsurface installations and procedures and  
          guidance in encouraging those practices. When possible,  
          standards should be informed by  public ly   publicly  available  
          data, such as that collected by state and federal agencies and  
          by the regional notification centers pursuant to subdivision  
           (d)   (g)  of Section 4216.6, and the  advisory committee   board  should  
          refrain from using data about facility events not provided  
          either to a state or federal agency or as statewide information,  
          as defined in paragraph (2) of subdivision  (e)   (h)  of Section  
          4216.6. The standard or set of standards are not intended to  
          replace other relevant standards, including the best practices  
          of the Common Ground Alliance, but are to inform areas currently  
          without established standards. The standard or set of standards  
          shall address all of the following:
           (1)   (a)  Evidence necessary for excavators and operators to  
          demonstrate compliance with Sections 4216.2, 4216.3, and 4216.4.
           (2)   (b)  Guidance for recommended sanctions against excavators and  
          operators for violations of the article designed to improve  
          safety. Sanctions may include notification and information  
          letters, direction to attend relevant education, and financial  
          penalties. The guidance shall state the circumstances under  








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          which the investigation and a recommendation for sanction shall  
          be transmitted to a state or local agency, which may include the  
          Attorney General or a district attorney, for enforcement  
          pursuant to subdivision (b) of Section 4216.20 and may allow for  
          a decision not to transmit if the investigation was initiated by  
          a complaint, the parties have settled the matter, and the  
          advisory committee has determined that further enforcement is  
          not necessary as a deterrent to maintain the integrity of  
          subsurface installations and to protect the safety of excavators  
          and the public. Recommendations for sanctions shall be graduated  
          and shall consider all of the following:
           (A)   (1)  The type of violation and its gravity.
           (B)   (2)  The degree of culpability.
           (C)   (3)  The operator's or excavator's history of violations.
           (D)   (4)  The operator's or excavator's history of work conducted  
          without violations.
           (E)   (5)  The efforts taken by the violator to prevent violation,  
          and, once the violation occurred, the efforts taken to mitigate  
          the safety consequences of the violation.
           (F)   (6)  That homeowners have high awareness and education needs,  
          and for this reason, financial penalties shall not be  
          recommended except in cases in which a person's violations have  
          been willful, repeated, and flagrant.
           (3)   (c)  What constitutes reasonable care, as required by  
          paragraph (1) of subdivision (a) of Section 4216.4, in using  
          hand tools around subsurface installations within the tolerance  
          zone, considering the need to balance worker safety in trenches  
          with the protection of subsurface installations. As part of  
          determining reasonable care, the advisory committee shall  
          consider the appropriate additional excavating depth an  
          excavator should make if either of the following occur:
           (A)   (1)  The subsurface installation is delineated within the  
          tolerance zone but it is not in conflict with the excavation.
           (B)   (2)  The location of a subsurface installation is determined,  
          but additional subsurface installations may exist immediately  
          below the located subsurface installation.
           (4)   (d)  What constitutes reasonable care, as required by  
          paragraph (1) of subdivision (a) of Section 4216.4, in grading  
          activities on road shoulders and dirt roads which may include  








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          standards for potholing.
           (b) On or before December 31, 2018, the advisory committee  
          shall, in consultation with the Department of Food and  
          Agriculture and after an agricultural stakeholder process, make  
          recommendations for long-term treatment of agricultural  
          activities that include determining whether the notification  
          requirements of Section 4216.2, the locate and field mark  
          requirements of Section 4216.3, and the excavation requirements  
          of Section 4216.4 are appropriate for all types of agricultural  
          activities, or whether they could be modified in ways to promote  
          participation in safe agricultural practices around high  
          priority subsurface installations.
          (1) The recommendations shall be informed by a study that  
          includes, but is not limited to, the following:
          (A) A review of past damages attributable to agricultural  
          activities, including information provided by gas corporations  
          pursuant to subdivision (b) of Section 971 of the Public  
          Utilities Code.
          (B) Estimations of the use of regional notification centers by  
          persons involved in agricultural activities provided by gas  
          corporations, including the methodology used for the development  
          of, the sources of error in, and confidence intervals for the  
          estimations, pursuant to subdivision (c) of Section 971 of the  
          Public Utilities Code.
          (C) A review of the outreach and education practices of  
          operators of high priority subsurface installations toward  
          persons who undertake agricultural activities and measures of  
          the successes of those practices, with an explanation of how the  
          measure of success is defined.
          (D) A review of existing standards for operator communication  
          with excavators, such as Recommended Practice 1162 by the  
          American Petroleum Institute.
          (2) The recommendations shall address the following questions:
          (A) Do agricultural activities differ from common types of  
          excavation in ways that may affect the applicability of Sections  
          4216.2, 4216.3, and 4216.4 to agricultural activities?
          (B) Should a person notify the regional notification center  
          before undertaking agricultural activities that are not in the  
          vicinity of subsurface installations? What is a sufficient means  








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          by which a person would know if there are subsurface  
          installations in the vicinity?
          (C) What is the benefit of the requirement in subdivision (c) of  
          Section 4216.2 for an onsite meeting in advance of the  
          performance of agricultural activities in the vicinity of high  
          priority subsurface installations? Under what circumstances is  
          an onsite meeting appropriate in advance of the performance of  
          agricultural activities, and how far in advance of the  
          performance of agricultural activities does the onsite meeting  
          requirement retain its benefit? What is the most convenient and  
          expedient means to initiate an onsite meeting in advance of the  
          performance of agricultural activities?
          (D) What outreach and education activities on the part of  
          operators of high priority subsurface installations are  
          important to promote safety in performing agricultural  
          activities? What actions should the outreach and education  
          activities induce in persons performing agricultural activities,  
          and how can success be measured?
          (E) How should the success of the advisory committee's  
          recommendations be measured?
           
           SEC. 20.   SEC. 18.  Section 4216.19 is added to the Government  
          Code, to read:
          4216.19. (a) The  advisory committee   board  shall investigate  
          possible violations of this  article, including complaints from  
          affected parties and members of the public.   article.
          (b) The board may investigate reports of incident events, as  
          defined by paragraph (1) of subdivision (h) of Section 4216.6  
          and complaints from affected parties and members of the public.
          (c) In determining whether to pursue an investigation, the board  
          shall consider whether the parties have settled the matter and  
          whether further enforcement is necessary as a deterrent to  
          maintain the integrity of subsurface installations and to  
          protect the safety of excavators and the public. 
            (b)   (d)  In furthering the purposes of this article,  the advisory  
          committee   to the extent resources allow, the board  may authorize  
          staff allocated to it by the  Contractors' State License Board   
           Office of the State Fire Marshall  to use compliance audits,  
          including field audits, and investigations of incidents and  








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          near-misses.
           (c)   (e)  This section shall become operative on January 1, 2018.

           SEC. 21.  SEC. 19.  Section 4216.20 is added to the Government  
          Code, to read:
          4216.20. (a) Upon the completion of an investigation of a  
          possible violation of this article, the  advisory committee   board   
          shall inform the following parties of the result of the  
          investigation, including any findings of probable violation:
          (1) The party or parties whose activities were the subject of  
          the investigation.
          (2) The complainant, if the investigation was initiated because  
          of a complaint.
          (3) Any excavator or operator whose activities or subsurface  
          installations were involved in the incident investigated.
          (b) If the  advisory committee,   board,  upon the completion of an  
          investigation, finds a probable violation of the article, the  
           advisory committee   board  may transmit the investigation results  
          and any recommended penalty to the state or local agency with  
          jurisdiction over the activity or business undertaken in  
          commission of the  violation.   violation, pursuant to subdivision  
          (c) of Section 4216.6, and may take action pursuant to  
          subdivision (e) of Section 4216.6.  

           SEC. 22.   SEC. 20.  Section 4216.21 is added to the Government  
          Code, to read:
          4216.21. (a) For an investigation that the  advisory committee  
            board  undertakes as a result of a complaint of a violation of  
          Sections 4216.2, 4216.3, or 4216.4, the complainant shall not  
          file an action in court for damages based on those violations  
          until the investigation is complete, or for 120 days after the  
          investigation begins, whichever comes first, during which time,  
          applicable statutes of limitation shall be tolled.
          (b) If a complainant files an action in court against a person  
          for damages based upon violations of Sections 4216.2, 4216.3, or  
          4216.4, after the completion of  an advisory committee   board   
          investigation in which the person was found not to have violated  
          the article, the complainant shall also notify the  advisory  
          committee   board  when the action is filed.








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          (c) This section only applies to a claim for damages to a  
          subsurface installation.
           
          SEC. 21. Section 4216.22 is added to the Government Code, to  
          read:
          4216.22. The board may prescribe rules and regulations as may be  
          necessary or proper to carry out the purposes and intent of this  
          act and to exercise the powers and duties conferred upon it by  
          this act, not inconsistent with any statute of this state.
           
           SEC. 23.  SEC. 22.  Section  4216.22   4216.23  is added to the  
          Government Code, to read:
           4216.22.   4216.23.  (a) Notwithstanding Section 10231.5, the  
           advisory committee   board  shall report to the Governor and the  
          Legislature on or before February 1, 2018, and each year  
          thereafter, on the activities of the  advisory committee   board   
          and any recommendations of the  advisory committee.   board.  
          (b) A report to be submitted pursuant to subdivision (a) shall  
          be submitted in compliance with Section 9795.

           SEC. 24. Section 17921.11 is added to the Health and Safety  
          Code, to read:
          17921.11. (a) During the next regularly scheduled intervening  
          code cycle that commences on or after January 1, 2016, or during  
          a subsequent code adoption cycle, the department shall develop  
          and propose for adoption by the California Building Standards  
          Commission, pursuant to Chapter 4 (commencing with Section  
          18935) of Part 2.5, building standards requiring all new  
          residential nonpressurized building sewers that connect from  
          building structures to the public right-of-way or applicable  
          utility easement to include the installation of tracer tape or  
                wire to aid in detection and tracing of these nonpressurized  
          building sewers. 
          (b) In researching, developing, and proposing building standards  
          under this section, the Department of Housing and Community  
          Development is authorized to expend funds from the Building  
          Standards Administration Special Revolving Fund, upon  
          appropriation pursuant to Section 18931.7.









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          SEC. 25. Section 18940.8 is added to the Health and Safety Code,  
          to read:
          18940.8.(a) During the next regularly scheduled intervening code  
          cycle that commences on or after January 1, 2016, or during a  
          subsequent code adoption cycle, the commission shall develop and  
          propose for adoption, pursuant to Chapter 4 (commencing with  
          Section 18935) of Part 2.5, building standards requiring all new  
          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 tape or  
          wire to aid in detection and tracing of these nonpressurized  
          building sewers. 
          (b) In researching, developing, and proposing building standards  
          under this section, the California Building Standard Commission  
          is authorized to expend funds from the Building Standards  
          Administration Special Revolving Fund, upon appropriation  
          pursuant to Section 18931.7.

            SEC. 26. Section 320.5 is added to the Public Utilities Code, to  
          read:

            320.5. (a) The Safe Energy Infrastructure and Excavation Fund is  
          hereby established in the State Treasury. Moneys deposited into  
          the fund shall be used to cover the administrative expenses of  
          the California Underground Facilities Safe Excavation Advisory  
          Committee, upon appropriation by the Legislature. Additionally,  
          the moneys may be used as described in subdivision (b).
            (b) Up to five hundred thousand dollars ($500,000) of moneys in  
          the fund that are in excess of the moneys necessary for the  
          administrative expenses of the California Underground Facilities  
          Safe Excavation Advisory Committee may, upon appropriation by  
          the Legislature, be apportioned by the commission for the  
          following purposes:
          (1) The California Underground Facilities Safe Excavation  
          Advisory Committee, to fund public education and outreach  
          programs designed to promote excavation safety around subsurface  
          installations and targeted toward specific excavator groups.
          (2) The commission, to further a gas and electric safety and  
          enforcement workforce development program consistent with its  








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          equal employment opportunity program. No moneys shall be used to  
          fulfill existing state and federal training requirements or for  
          ongoing operations, but moneys may be used for the purpose of  
          education in emergent safety issues and in best practices  
          pertaining to gas and electric utility inspections, audits,  
          accident investigations, and data tracking and analysis. The  
          commission may only apportion moneys for this purpose upon  
          commission approval of a safety and enforcement workforce  
          development program at a meeting of the commission. No more than  
          one hundred fifty thousand dollars ($150,000) of the Safe Energy  
          Infrastructure and Excavation Fund may be used for this purpose.
           (c) Any moneys not allocated pursuant to subdivisions (a) and  
          (b) shall be deposited into the General Fund.
            
          SEC. 27. Section 911.2 is added to the Public Utilities Code, to  
          read:
            911.2. No later than February 1, 2019, the commission shall  
          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 report shall include analyses of the types of damages and  
          other information described in Section 971.
            
          SEC. 28. Section 955.5 of the Public Utilities Code is amended  
          to read:
            955.5. (a) For purposes of this section, the following terms  
          have the following meanings:
          (1) "Gas pipeline" means an intrastate distribution line as  
          described in paragraph (1) of, or an intrastate transmission  
          line as described in paragraph (2) of, Section 950.
          (2) "Hospital" means a licensed general acute care hospital as  
          defined in subdivision (a) of Section 1250 of the Health and  
          Safety Code.
          (3) "School" means a public or private preschool, elementary, or  
          secondary school.
          (b) A gas corporation shall provide not less than three working  
          days' notice to the administration of a school or hospital prior  
          to undertaking nonemergency excavation or construction of a gas  
          pipeline, excluding any work which only uses hand tools,  








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          pneumatic hand tools, or vacuum technology for the purpose of  
          marking and locating a subsurface installation pursuant to  
          Article 2 (commencing with Section 4216) of Chapter 3.1 of  
          Division 5 of Title 1 of the Government Code, if the work is  
          located within 500 feet of the school or hospital. The  
          notification shall include all of the following:
          (1) The name, address, telephone number, and emergency contact  
          information for the gas corporation.
          (2) The specific location of the gas pipeline where the  
          excavation or construction will be performed.
          (3) The date and time the excavation or construction is to be  
          conducted and when the work is expected to be completed.
          (4) An invitation and a telephone number to call for further  
          information on what the school or hospital should do in the  
          event of a leak.
          (c) The gas corporation shall maintain a record of the date and  
          time of any notification provided to the administration of a  
          school or hospital prior to undertaking nonemergency excavation  
          or construction of a gas pipeline and any subsequent contacts  
          with the administration of a school or hospital relative to the  
          excavation or construction and the actions taken, if any, in  
          response to those subsequent contacts. The gas corporation shall  
          maintain these records and make them available for inspection  
          for no less than five years from the date of the notification.
            
          SEC. 29. Section 971 is added to the Public Utilities Code, to  
          read:
            971. (a) As a part of its damage prevention program carried out  
          pursuant to Section 192.614 of Part 192 of Title 49 of the Code  
          of Federal Regulations, each gas corporation shall collect data  
          to inform its outreach activities. Until January 1, 2020, the  
          data shall include all of the following:  
           (1) Damages to underground commission-related pipeline  
          facilities that occurred during the performance of landscaping  
          activities. Each gas corporation shall note in its investigation  
          of excavation damage incidents the approximate depth of the gas  
          facility at the time of damage, the type of excavator involved,  
          which may include "homeowner," "licensed contractor," or  
          "unlicensed contractor," and whether the excavator had called  








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          the regional notification center before performing the  
          excavation. 
          (2) All claims filed by the gas corporation against an excavator  
          for damage to commission-regulated pipeline facilities. 
          (3) Damages to underground commission-related pipeline  
          facilities that occurred in the installation of temporary real  
          estate signposts. Each gas corporation shall note in its  
          investigation of excavation damage incidents the type of  
          signpost installed and the method of installation, including the  
          types of tools used.
          (4) Damages to underground commission-regulated pipeline  
          facilities that occurred during agricultural activities,  
          including the type of activity performed and the type of tool  
          involved in the damage.
          (5) Any other information that the commission shall require.
          (b) Until January 1, 2020, each gas corporation shall annually  
          report to the commission and to the California Underground  
          Facilities Safe Excavation Advisory Committee excavation damage  
          data and analyses contained in subdivision (a) in a format of  
          the commission's choosing.
          (c) As a part of its damage prevention program carried out  
          pursuant to Section 192.614 of Part 192 of Title 49 of the Code  
          of Federal Regulations, each gas corporation shall estimate  
          Californians' use of regional notification centers, as defined  
          in Section 4216 of the Government Code, before conducting  
          agricultural activities. This estimation shall consider the use  
          of regional notification centers before conducting agricultural  
          activities that are both in the vicinity of its natural gas  
          transmission pipelines and not in the vicinity of its natural  
          gas transmission pipelines. Each gas corporation shall provide  
          this estimate to the commission and to the California  
          Underground Facilities Safe Excavation Advisory Committee on or  
          before July 1, 2016. In performing this estimation, each gas  
          corporation shall do all of the following:
          (1) Estimate the amount and locations of agricultural activity  
          being performed by using relevant publically available  
          information, such as maps prepared pursuant to the Farmland  
          Mapping and Monitoring Program of the California Natural  
          Resources Agency, information from the National Agricultural  








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          Statistics Service, and information available from assessor  
          parcel numbers.
          (2) Determine the number and locations of notifications to  
          regional notification centers for excavation activities on  
          agricultural land by using information from its own mark and  
          locate activities and, to the extent the information is  
          available, from the regional notification centers or other  
          sources.
          (3) For notifications in the vicinity of its natural gas  
          transmission pipelines, determine the average number of  
          notifications on agricultural land per transmission pipeline  
          mile per year as well as a histogram to describe the number of  
          transmission pipeline intervals Y, in units of the best  
          available precision, on which X notifications occurred, where X  
          increases from zero.
          (4) Describe the methodology used for the development of any  
          estimates and identify sources of error in the estimation and a  
          confidence interval for the estimation.
            SEC. 30. Section 1702.5 of the Public Utilities Code is amended  
          to read:

            1702.5. (a) The commission shall, in an existing or new  
          proceeding, develop and implement a safety enforcement program  
          applicable to gas corporations and electrical corporations 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.  
          The enforcement program shall be designed to improve gas and  
          electrical system safety through the enforcement of applicable  
          law, or order or rule of the commission related to safety using  
          a variety of enforcement mechanisms, including the issuance of  
          corrective actions, orders, and citations by designated  
          commission staff, and recommendations for action made to the  
          commission by designated commission staff.
            (1) When considering the issuance of citations and assessment of  
          penalties, the commission staff shall take into account  
          voluntary reporting of potential violations, voluntary removal  
          or resolution efforts undertaken, the prior history of  
          violations, the gravity of the violation, and the degree of  








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          culpability.
          (2) The procedures shall include, but are not limited to,  
          providing notice of violation within a reasonable period of time  
          after the discovery of the violation.
          (3) The commission shall adopt an administrative limit on the  
          amount of monetary penalty that may be set by commission staff.
          (b) The commission shall develop and implement an appeals  
          process to govern the issuance and appeal of citations or  
          resolution of corrective action orders issued by the commission  
          staff. The appeals process shall provide the respondent a  
          reasonable period of time, upon receiving a citation, to file a  
          notice of appeal, shall afford an opportunity for a hearing, and  
          shall require the hearing officer to expeditiously provide a  
          draft disposition.
          (c) The commission shall, within a reasonable time set by the  
          commission, conclude a safety enforcement action with a finding  
          of violation, a corrective action order, a citation, a  
          determination of no violation, approval of the corrective  
          actions undertaken by the gas corporation or electrical  
          corporation, or other action. The commission may institute a  
          formal proceeding regarding the alleged violation, potentially  
          resulting in additional enforcement action, regardless of any  
          enforcement action taken at the commission staff level.
          (d) The commission shall implement the safety enforcement  
          program for gas safety by July 1, 2014, and implement the safety  
          enforcement program for electrical safety no later than January  
          1, 2015.
          (e) This section does not apply to an exempt wholesale  
          generator, a qualifying small power producer, or qualifying  
          cogenerator, as defined in Section 796 of Title 16 of the United  
          States Code and the regulations enacted pursuant thereto.  
          Nothing in this section affects the commission's authority  
          pursuant to Section 761.3.
          (f) Notwithstanding any other law, moneys collected as a result  
          of the issuance of citations pursuant to this section shall be  
          deposited in the Safe Energy Infrastructure and Excavation Fund.  
           
          SEC. 23. Section 4216.24 is added to the Government Code, to  
          read:








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          4216.24. The Safe Energy Infrastructure and Excavation Fund is  
          hereby established in the State Treasury. Moneys deposited in  
          the fund shall be used, upon appropriation by the Legislature,  
          for both of the following purposes:
          (a) To cover the operational expenses of the board. Any revenues  
          derived from penalties imposed pursuant to Section 4216.6 shall  
          not be used for operational expenses.
          (b) For the purposes specified in subdivision (b) of Section  
          4216.17. Any revenues derived from the fee imposed pursuant to  
          Section 4216.16 shall not be used for this purpose.
           
          4)Prior Legislation:


            AB 73 (Elder), Chapter 928, Statutes of 1989: Created  
            California's one-call law, requiring facility owners to  
            participate in the one-call notification centers, mandatory  
            calling before excavation, use safe excavation practices, and  
            penalties for noncompliance.


            SB 1359 (Torlakson), Chapter 651, Statutes of 2006: Required  
            onsite meetings between excavators and operators when an  
            excavation was to take place near the most dangerous lines,  
            such as high-pressure gas and petroleum lines and high-voltage  
            electric lines. The bill also required the notification to an  
            operator in the case of a damage or the discovery of a prior  
            damage, specified the qualifications for locating underground  
            infrastructure, and added liability provisions.


            AB 1514 (Lowenthal) of 2012: Increased the maximum fine for a  
            violation of the "one-call" law from $10,000 to $100,000 and  
            would have placed the CPUC in charge of investigating  
            excavation damages and referring the investigations to the  
            Attorney General or a district attorney for action.  Died in  
            the Assembly Appropriations Committee.










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            AB 811 (Lowenthal), Chapter 250, Statutes of 2013: Required  
            the regional notification centers (or "one-call" centers) to  
            annually report on subsurface facility damages voluntarily  
            reported to those centers from excavators and utilities.  An  
            earlier version would have set education requirements as a  
            condition of obtaining a license from CSLB, but that  
            requirement was stripped from the bill in the Assembly.


            SB 119 (Hill) of 2015: Modified laws governing excavations  
            near subsurface installations.  Vetoed by Governor.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Associated General Contractors of California


          AT&T


          California Labor Federation


          California State Council of Laborers


          Construction Employers Association


          National Electrical Contractors Association










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          California Legislative Conference of the Plumbing, Heating and  
          Piping Industry


          United Contractors


          Western Line Constructors Chapter




          Opposition


          None on file.




          Analysis Prepared by:Sue Kateley / U. & C. / (916)  
          319-2083