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 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.
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 South Shore Utility Coordinating
Council, the Underground Service Alert--Northern California or the
Underground Service Alert--Southern California are in compliance with
this section and Section 4216.9.
4216.2. (a) (1) 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 and, if practical, the
excavator shall delineate with white paint or other suitable
markings the area to be excavated.
(2) When the 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 legal
excavation start date and time, as such date and time are authorized
pursuant to paragraph (1) of subdivision (a) of Section 4216.2. 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 installations prior to start time.
(b) Except in an emergency, every excavator covered by Section
4216.8 planning to conduct an excavation on private property 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 and, if practical, the excavator shall
delineate with white paint or other suitable markings the area to be
excavated.
(c) The regional notification center shall provide an inquiry
identification number 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. An
inquiry identification number may be validated for more than 28 days
when mutually agreed between the excavator and any member operator so
notified that has a subsurface installation in the area of the
proposed excavation; and, it may be revalidated by notification to
the regional notification center by the excavator prior to the time
of its expiration.
(d) A record of all notifications by excavators and operators 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 to guidelines for
inspection as may be established by the regional notification
centers.
(e) As used in this section, the delineation is practical when any
of the following conditions exist:
(1) When delineating a prospective excavation site with white
paint could not be misleading to those persons using affected streets
and highways.
(2) When the delineation could not be misinterpreted as a traffic
or pedestrian control.
(3) Where an excavator can determine the exact location of an
excavation prior to the time an area has been field marked pursuant
to Section 4216.3.
(4) Where delineation could not be construed as duplicative.
(f) Where an excavator makes a determination that it is not
practical to delineate the area to be excavated, the excavator shall
contact the regional notification center to advise the operators that
the excavator shall identify the area to be excavated in another
manner sufficient to enable the operator to determine the area of the
excavation to be field marked pursuant to Section 4216.3.
4216.3. (a) (1) Any operator of a subsurface installation who
receives timely notification of any proposed excavation work in
accordance with Section 4216.2 shall, within two working days of that
notification, excluding weekends and holidays, or before the start
of the excavation work, whichever is later, 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 to
the extent and degree of accuracy that the information is available
either in the records of the operator or as determined through the
use of standard locating techniques other than excavating, otherwise
advise the person who contacted the center of the location of the
operator's subsurface installations that may be affected by the
excavation, or advise the person that the operator does not operate
any subsurface installations that would be affected by the proposed
excavation.
(2) Only a qualified person shall perform subsurface installation
locating activities.
(3) A qualified person performing subsurface installation locating
activities on behalf of a subsurface installation operator shall use
a minimum of a single-frequency utility locating device and shall
have access to alternative sources for verification, if necessary.
(4) Operators of high priority subsurface installations shall
maintain and preserve all plans and records for its subsurface
installations.
(b) Every operator of a subsurface installation who field marks
the location of a subsurface installation shall make a reasonable
effort to make field markings in conformance with the uniform color
code of the American Public Works Association.
(c) If, at any time during an excavation for which there is a
valid inquiry identification number, an operator's field markings are
no longer reasonably visible, the excavator shall contact the
appropriate regional notification center. The regional notification
center shall contact any member, if known, who has a subsurface
installation in the area of the excavation. Upon receiving timely
notification or renotification pursuant to this subdivision, the
operator shall re-locate and re-mark, within two working days, those
subsurface installations that may be affected by the excavation to
the extent necessary, in conformance with this section.
(d) The excavator shall notify the appropriate regional
notification center of the failure of an operator to comply with this
section. The notification shall include the inquiry identification
number issued by the regional notification center. A record of all
notifications received 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 (d) of Section 4216.2.
4216.4. (a) When the excavation is within the approximate location
of subsurface installation, the excavator shall determine the exact
location of subsurface installations in conflict with the excavation
by excavating with hand tools within the area of the approximate
location of subsurface installations as provided by the operators in
accordance with Section 4216.3 before using any power-operated or
power-driven excavating or boring equipment within the approximate
location of the subsurface installation, except that power-operated
or power-driven excavating or boring equipment may be used for the
removal of any existing pavement if there are no subsurface
installations contained in the pavement. If documented notice of the
intent to use vacuum excavation devices, or power-operated or
power-driven excavating or boring equipment, has been provided to the
subsurface installation operator or operators and it is mutually
agreeable with the operator or operators and the excavator, the
excavator may utilize vacuum excavation devices, or power-operated or
power-driven excavating or boring equipment within the approximate
location of a subsurface installation and to any depth.
(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. The regional notification center
shall provide the excavator with the contact phone 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, the
excavator shall call 911 emergency services.
4216.5. The requirements of this article apply to state agencies
and to local agencies which own or operate subsurface installations,
except as otherwise provided in Section 4216.1. A local agency which
is required to provide the services described in Section 4216.3 may
charge a fee in an amount sufficient to cover the cost of providing
that service.
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 which issued the permit to
excavate, for the enforcement of the civil penalty pursuant to this
section. 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.
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
as a result of failing to comply with the operator's requests to
protect the subsurface installation as 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.
(b) If the operator of a subsurface installation has failed to
comply with the regional notification center system requirements of
Section 4216.1, that operator shall forfeit his or her claim for
damages to his or her subsurface installation, arising from the
excavation, against an excavator who has complied with the
requirements of Section 4216.2 to the extent damages were proximately
caused by the operator's failure to comply.
(c) If an operator of a subsurface installation has failed to
comply with the provisions of Section 4216.3, has failed to comply
with paragraph (2) of subdivision (a) of Section 4216.2, or has
failed to comply with subdivision (b) of Section 4216.4, the operator
shall be liable to the excavator who has complied with Sections
4216.2 and 4216.4 for damages, costs, and expenses 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) 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.
4216.8. This article does not apply to any of the following
persons:
(a) An owner of real property who contracts for an excavation
project on the property, not requiring a permit issued by a state or
local agency, with 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.
(b) 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 appurtenances thereto is performing or having
performed excavation work not requiring a permit issued by a state or
local agency.
(c) 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:
"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."
4216.9. (a) No permit to excavate issued by any local agency, as
defined in Section 4216, or any state agency, shall be valid unless
the applicant has been provided an initial inquiry identification
number 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.
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 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.
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 South Shore Utility Coordinating
Council, the Underground Service Alert--Northern California or the
Underground Service Alert--Southern California are in compliance with
this section and Section 4216.9.
4216.2. (a) (1) 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 and, if practical, the
excavator shall delineate with white paint or other suitable
markings the area to be excavated.
(2) When the 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 legal
excavation start date and time, as such date and time are authorized
pursuant to paragraph (1) of subdivision (a) of Section 4216.2. 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 installations prior to start time.
(b) Except in an emergency, every excavator covered by Section
4216.8 planning to conduct an excavation on private property 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 and, if practical, the excavator shall
delineate with white paint or other suitable markings the area to be
excavated.
(c) The regional notification center shall provide an inquiry
identification number 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. An
inquiry identification number may be validated for more than 28 days
when mutually agreed between the excavator and any member operator so
notified that has a subsurface installation in the area of the
proposed excavation; and, it may be revalidated by notification to
the regional notification center by the excavator prior to the time
of its expiration.
(d) A record of all notifications by excavators and operators 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 to guidelines for
inspection as may be established by the regional notification
centers.
(e) As used in this section, the delineation is practical when any
of the following conditions exist:
(1) When delineating a prospective excavation site with white
paint could not be misleading to those persons using affected streets
and highways.
(2) When the delineation could not be misinterpreted as a traffic
or pedestrian control.
(3) Where an excavator can determine the exact location of an
excavation prior to the time an area has been field marked pursuant
to Section 4216.3.
(4) Where delineation could not be construed as duplicative.
(f) Where an excavator makes a determination that it is not
practical to delineate the area to be excavated, the excavator shall
contact the regional notification center to advise the operators that
the excavator shall identify the area to be excavated in another
manner sufficient to enable the operator to determine the area of the
excavation to be field marked pursuant to Section 4216.3.
4216.3. (a) (1) Any operator of a subsurface installation who
receives timely notification of any proposed excavation work in
accordance with Section 4216.2 shall, within two working days of that
notification, excluding weekends and holidays, or before the start
of the excavation work, whichever is later, 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 to
the extent and degree of accuracy that the information is available
either in the records of the operator or as determined through the
use of standard locating techniques other than excavating, otherwise
advise the person who contacted the center of the location of the
operator's subsurface installations that may be affected by the
excavation, or advise the person that the operator does not operate
any subsurface installations that would be affected by the proposed
excavation.
(2) Only a qualified person shall perform subsurface installation
locating activities.
(3) A qualified person performing subsurface installation locating
activities on behalf of a subsurface installation operator shall use
a minimum of a single-frequency utility locating device and shall
have access to alternative sources for verification, if necessary.
(4) Operators of high priority subsurface installations shall
maintain and preserve all plans and records for its subsurface
installations.
(b) Every operator of a subsurface installation who field marks
the location of a subsurface installation shall make a reasonable
effort to make field markings in conformance with the uniform color
code of the American Public Works Association.
(c) If, at any time during an excavation for which there is a
valid inquiry identification number, an operator's field markings are
no longer reasonably visible, the excavator shall contact the
appropriate regional notification center. The regional notification
center shall contact any member, if known, who has a subsurface
installation in the area of the excavation. Upon receiving timely
notification or renotification pursuant to this subdivision, the
operator shall re-locate and re-mark, within two working days, those
subsurface installations that may be affected by the excavation to
the extent necessary, in conformance with this section.
(d) The excavator shall notify the appropriate regional
notification center of the failure of an operator to comply with this
section. The notification shall include the inquiry identification
number issued by the regional notification center. A record of all
notifications received 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 (d) of Section 4216.2.
4216.4. (a) When the excavation is within the approximate location
of subsurface installation, the excavator shall determine the exact
location of subsurface installations in conflict with the excavation
by excavating with hand tools within the area of the approximate
location of subsurface installations as provided by the operators in
accordance with Section 4216.3 before using any power-operated or
power-driven excavating or boring equipment within the approximate
location of the subsurface installation, except that power-operated
or power-driven excavating or boring equipment may be used for the
removal of any existing pavement if there are no subsurface
installations contained in the pavement. If documented notice of the
intent to use vacuum excavation devices, or power-operated or
power-driven excavating or boring equipment, has been provided to the
subsurface installation operator or operators and it is mutually
agreeable with the operator or operators and the excavator, the
excavator may utilize vacuum excavation devices, or power-operated or
power-driven excavating or boring equipment within the approximate
location of a subsurface installation and to any depth.
(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. The regional notification center
shall provide the excavator with the contact phone 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, the
excavator shall call 911 emergency services.
4216.5. The requirements of this article apply to state agencies
and to local agencies which own or operate subsurface installations,
except as otherwise provided in Section 4216.1. A local agency which
is required to provide the services described in Section 4216.3 may
charge a fee in an amount sufficient to cover the cost of providing
that service.
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 which issued the permit to
excavate, for the enforcement of the civil penalty pursuant to this
section. 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.
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
as a result of failing to comply with the operator's requests to
protect the subsurface installation as 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.
(b) If the operator of a subsurface installation has failed to
comply with the regional notification center system requirements of
Section 4216.1, that operator shall forfeit his or her claim for
damages to his or her subsurface installation, arising from the
excavation, against an excavator who has complied with the
requirements of Section 4216.2 to the extent damages were proximately
caused by the operator's failure to comply.
(c) If an operator of a subsurface installation has failed to
comply with the provisions of Section 4216.3, has failed to comply
with paragraph (2) of subdivision (a) of Section 4216.2, or has
failed to comply with subdivision (b) of Section 4216.4, the operator
shall be liable to the excavator who has complied with Sections
4216.2 and 4216.4 for damages, costs, and expenses 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) 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.
4216.8. This article does not apply to any of the following
persons:
(a) An owner of real property who contracts for an excavation
project on the property, not requiring a permit issued by a state or
local agency, with 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.
(b) 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 appurtenances thereto is performing or having
performed excavation work not requiring a permit issued by a state or
local agency.
(c) 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:
"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."
4216.9. (a) No permit to excavate issued by any local agency, as
defined in Section 4216, or any state agency, shall be valid unless
the applicant has been provided an initial inquiry identification
number 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.
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 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.
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 South Shore Utility Coordinating
Council, the Underground Service Alert--Northern California or the
Underground Service Alert--Southern California are in compliance with
this section and Section 4216.9.
4216.2. (a) (1) 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 and, if practical, the
excavator shall delineate with white paint or other suitable
markings the area to be excavated.
(2) When the 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 legal
excavation start date and time, as such date and time are authorized
pursuant to paragraph (1) of subdivision (a) of Section 4216.2. 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 installations prior to start time.
(b) Except in an emergency, every excavator covered by Section
4216.8 planning to conduct an excavation on private property 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 and, if practical, the excavator shall
delineate with white paint or other suitable markings the area to be
excavated.
(c) The regional notification center shall provide an inquiry
identification number 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. An
inquiry identification number may be validated for more than 28 days
when mutually agreed between the excavator and any member operator so
notified that has a subsurface installation in the area of the
proposed excavation; and, it may be revalidated by notification to
the regional notification center by the excavator prior to the time
of its expiration.
(d) A record of all notifications by excavators and operators 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 to guidelines for
inspection as may be established by the regional notification
centers.
(e) As used in this section, the delineation is practical when any
of the following conditions exist:
(1) When delineating a prospective excavation site with white
paint could not be misleading to those persons using affected streets
and highways.
(2) When the delineation could not be misinterpreted as a traffic
or pedestrian control.
(3) Where an excavator can determine the exact location of an
excavation prior to the time an area has been field marked pursuant
to Section 4216.3.
(4) Where delineation could not be construed as duplicative.
(f) Where an excavator makes a determination that it is not
practical to delineate the area to be excavated, the excavator shall
contact the regional notification center to advise the operators that
the excavator shall identify the area to be excavated in another
manner sufficient to enable the operator to determine the area of the
excavation to be field marked pursuant to Section 4216.3.
4216.3. (a) (1) Any operator of a subsurface installation who
receives timely notification of any proposed excavation work in
accordance with Section 4216.2 shall, within two working days of that
notification, excluding weekends and holidays, or before the start
of the excavation work, whichever is later, 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 to
the extent and degree of accuracy that the information is available
either in the records of the operator or as determined through the
use of standard locating techniques other than excavating, otherwise
advise the person who contacted the center of the location of the
operator's subsurface installations that may be affected by the
excavation, or advise the person that the operator does not operate
any subsurface installations that would be affected by the proposed
excavation.
(2) Only a qualified person shall perform subsurface installation
locating activities.
(3) A qualified person performing subsurface installation locating
activities on behalf of a subsurface installation operator shall use
a minimum of a single-frequency utility locating device and shall
have access to alternative sources for verification, if necessary.
(4) Operators of high priority subsurface installations shall
maintain and preserve all plans and records for its subsurface
installations.
(b) Every operator of a subsurface installation who field marks
the location of a subsurface installation shall make a reasonable
effort to make field markings in conformance with the uniform color
code of the American Public Works Association.
(c) If, at any time during an excavation for which there is a
valid inquiry identification number, an operator's field markings are
no longer reasonably visible, the excavator shall contact the
appropriate regional notification center. The regional notification
center shall contact any member, if known, who has a subsurface
installation in the area of the excavation. Upon receiving timely
notification or renotification pursuant to this subdivision, the
operator shall re-locate and re-mark, within two working days, those
subsurface installations that may be affected by the excavation to
the extent necessary, in conformance with this section.
(d) The excavator shall notify the appropriate regional
notification center of the failure of an operator to comply with this
section. The notification shall include the inquiry identification
number issued by the regional notification center. A record of all
notifications received 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 (d) of Section 4216.2.
4216.4. (a) When the excavation is within the approximate location
of subsurface installation, the excavator shall determine the exact
location of subsurface installations in conflict with the excavation
by excavating with hand tools within the area of the approximate
location of subsurface installations as provided by the operators in
accordance with Section 4216.3 before using any power-operated or
power-driven excavating or boring equipment within the approximate
location of the subsurface installation, except that power-operated
or power-driven excavating or boring equipment may be used for the
removal of any existing pavement if there are no subsurface
installations contained in the pavement. If documented notice of the
intent to use vacuum excavation devices, or power-operated or
power-driven excavating or boring equipment, has been provided to the
subsurface installation operator or operators and it is mutually
agreeable with the operator or operators and the excavator, the
excavator may utilize vacuum excavation devices, or power-operated or
power-driven excavating or boring equipment within the approximate
location of a subsurface installation and to any depth.
(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. The regional notification center
shall provide the excavator with the contact phone 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, the
excavator shall call 911 emergency services.
4216.5. The requirements of this article apply to state agencies
and to local agencies which own or operate subsurface installations,
except as otherwise provided in Section 4216.1. A local agency which
is required to provide the services described in Section 4216.3 may
charge a fee in an amount sufficient to cover the cost of providing
that service.
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 which issued the permit to
excavate, for the enforcement of the civil penalty pursuant to this
section. 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.
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
as a result of failing to comply with the operator's requests to
protect the subsurface installation as 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.
(b) If the operator of a subsurface installation has failed to
comply with the regional notification center system requirements of
Section 4216.1, that operator shall forfeit his or her claim for
damages to his or her subsurface installation, arising from the
excavation, against an excavator who has complied with the
requirements of Section 4216.2 to the extent damages were proximately
caused by the operator's failure to comply.
(c) If an operator of a subsurface installation has failed to
comply with the provisions of Section 4216.3, has failed to comply
with paragraph (2) of subdivision (a) of Section 4216.2, or has
failed to comply with subdivision (b) of Section 4216.4, the operator
shall be liable to the excavator who has complied with Sections
4216.2 and 4216.4 for damages, costs, and expenses 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) 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.
4216.8. This article does not apply to any of the following
persons:
(a) An owner of real property who contracts for an excavation
project on the property, not requiring a permit issued by a state or
local agency, with 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.
(b) 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 appurtenances thereto is performing or having
performed excavation work not requiring a permit issued by a state or
local agency.
(c) 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:
"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."
4216.9. (a) No permit to excavate issued by any local agency, as
defined in Section 4216, or any state agency, shall be valid unless
the applicant has been provided an initial inquiry identification
number 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.
