BILL NUMBER: AB 1514 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 9, 2012
AMENDED IN ASSEMBLY MAY 1, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Members Bonnie Lowenthal and Dickinson
JANUARY 13, 2012
An act to amend Section 4216.6 of the Government Code, and to add
Section 565 to the Public Utilities Code, relating to excavations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1514, as amended, Bonnie Lowenthal. Excavations: subsurface
installations: violations.
Existing law generally requires any person planning to conduct an
excavation to contact a regional notification center prior to
excavation, and, if practical, to delineate the areas to be
excavated. Existing law authorizes the Attorney General, a district
attorney, or the state or a local agency that issued a permit to
excavate to bring an action for the enforcement of a civil penalty
against an operator or excavator who negligently or knowingly and
willfully violates these and related provisions.
This bill would increase the maximum amounts for civil penalties
that may be assessed for negligent or knowing and willful violations,
and would specify what are separate violations for purposes of
assessing civil penalties. The bill would provide that
authorize , upon receipt of an investigation
report prepared by the Public Utilities Commission or an
operator , an action may be brought by the
Attorney General or the district attorney to bring an action
in the name of the people of the State of California for the
enforcement of those civil penalties. The bill would also
permit authorize the Public Utilities Commission
or an operator to provide an investigation report to the local or
state agency that issued the permit to excavate, and would
permit authorize the local or state agency to
take action to assess those penalties.
The bill would require the commission to include a summary of any
damage reported to the commission and of any investigation undertaken
in a specified annual report to the Governor and the Legislature.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
creating a new crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4216.6 of the Government Code is amended to
read:
4216.6. (a) (1) Except as provided in paragraph (2), and in
addition to all other penalties, any an
operator or excavator that negligently violates any
a requirement of this article is subject to a
civil penalty in an amount not to exceed ten thousand dollars
($10,000) for the first violation, and not more than one hundred
thousand dollars ($100,000) for each subsequent violation.
(2) In addition to all other penalties, any
an operator or excavator that knowingly and willfully
violates any a requirement of this
article is subject to a civil penalty in an amount not to exceed
fifty thousand dollars ($50,000) for the first violation, and not
more than two hundred fifty thousand dollars ($250,000) for each
subsequent knowing and willful violation.
(3) (A) Each violation of a separate requirement of this chapter
is a separate violation that is subject to civil penalty pursuant to
paragraphs (1) and (2).
(B) Each day that a violation of a separate requirement of this
chapter takes place is a separate violation that is subject to civil
penalty pursuant to paragraphs (1) and (2).
(C) Multiple separate violations as specified in this paragraph
arising from a single excavation performed shall each only be subject
to the maximum civil penalty for a first violation if the operator
or excavator has not previously been subject to a civil penalty
pursuant to this section.
(4) Except as otherwise specifically provided in this article,
this section is not intended to does not
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
does this section create any new civil remedies
for those injuries or that damage.
(5) This article shall not be construed to
does not 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 a state or local agency.
(b) (1) Upon receipt of an investigation report prepared by the
Public Utilities Commission or an operator , an action may
be brought by the Attorney General or the district attorney in the
name of the people of the State of California for the enforcement of
the civil penalty pursuant to this section. Alternatively, the Public
Utilities Commission or an operator may provide an investigation
report to the local or state agency that issued the permit to
excavate and the local or state agency may take action to assess a
civil penalty pursuant to this section. If penalties are collected as
a result of a civil suit brought by the Attorney General, a district
attorney, or a state or local agency that issued a permit to
excavate, for collection of those civil penalties, the penalties
imposed shall be paid to the prosecuting agency. If more than one
agency is involved in enforcement, the penalties imposed shall be
apportioned among them in a manner that will fairly offset the
relative costs incurred by the agencies in collecting these fees.
(2) Nothing in this section shall be construed to
This section does not provide additional
jurisdiction to the Public Utilities Commission.
SEC. 2. Section 565 is added to the Public Utilities Code, to
read:
565. (a) Subject to Section 583, the commission may provide the
Attorney General, the district attorney for the county in which the
damage occurred, the local or state agency that issued the permit to
excavate, or the United States Department of Transportation's
Pipeline and Hazardous Materials Safety Administration, a copy of an
investigation report to take enforcement action pursuant to
subdivision (b) of Section 4216.6 of the Government Code.
(b) The commission shall include a summary of any damage reported
to the commission and of any investigation undertaken in the report
submitted to the Governor and Legislature pursuant to paragraph (4)
of subdivision (a) of Section 321.6.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.