SB 1345

Bill Subjects

Abstract

(1) Existing law, the Dig Safe Act of 2016, generally regulates excavations around subsurface installations, defined as any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewerlines, nonpressurized storm drains, and other nonpressurized drain lines. The act requires an excavator to comply with specified notification and delineation requirements before starting an excavation. Existing law provides for the enforcement of the act by the California Underground Facilities Safe Excavation Board. Existing law defines the terms "legal excavation start date and time," "working day," and "subsurface installation" for purposes of the act. This bill would revise the definition of "legal excavation start date and time" to, among other things, exclude weekends and holidays. The bill would revise the definition of "subsurface installation" to include nonpressurized sewerlines, nonpressurized storm drains, and other nonpressurized drain lines. The bill would revise the definition of "working day" by the deleting provision limiting the hours from 7:00 a.m. to 5:00 p.m. (2) Existing law requires every operator of a subsurface installation to become a member of, participate in, and share in costs of, a regional notification, except for the Department of Transportation. This bill would require the Department of Transportation, on and after January 1, 2025, to become a member of, participate in, and share in costs of, a regional notification center. (3) Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center. Existing law authorizes an operator, if the area is not delineated, to choose not to locate and field mark until the area to be excavated has been delineated. This bill would delete the authorization for the operator to choose not to locate and field mark until the area has been delineated. The bill would instead provide that if the operator has questions about the delineation that the excavator has placed, to contact the excavator for clarification. (4) Existing law, except in an emergency, authorizes an excavator planning to conduct an excavation on private property that does not require an excavation permit to contact a 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. Existing law requires an excavator to delineate the area to be excavated before notifying the regional notification center. This bill would specify that if the area is not delineated, an operator may choose not to locate and field mark until the area has been delineated. (5) Existing law, unless an emergency exists, prohibits an excavator from beginning excavation until, among other things, the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation. This bill would instead prohibit an excavator from beginning excavation until the excavator receives an electronic positive response from subsurface installations that are listed on a specified ticket. (6) Existing law requires an operator to take one of specified actions before the legal excavation start date and time, including locating and field marking 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. Existing law requires an operator or local agency to contact the excavator before pavement removal 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. This bill would authorize an operator, if the excavation or work type is pavement grinding limited to removal of a portion of the solid pavement of a road or sidewalk surface, to locate and field mark, or provide information on the location of, subsurface installations known to be embedded in the pavement. (7) Existing law requires every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time. Existing law authorizes the board to extend the time by which the operator is required to comply with that requirement, and requires the board to determine which facts or circumstances constitute good cause. This bill would delete the provision authorizing the board to extend the deadline upon a showing of good cause. (8) Existing law authorizes an excavator to use a vacuum excavation device to expose subsurface installations within the tolerance zone if certain requirements are met, including if the operator has marked the subsurface installation, the excavator has contacted any operator whose subsurface installations may be in conflict with the excavation. This bill would revise the requirements for an excavator to use vacuum equipment, including requiring the vacuum equipment to be designed, engineered, and purpose built for vacuum excavation work. The bill would require an operator not agreeing to use vacuum excavation to include that information on their electronic positive response. (9) Existing law requires an excavator discovering or causing damage to a subsurface installation to immediately notify the subsurface installation operator. Existing law requires an excavator to call 911 emergency services upon discovering or causing damage to a high priority subsurface installation or to a gas or hazardous liquid pipeline resulting in escape of flammable, toxic, or corrosive gas or liquid. Existing law requires the excavator to notify the regional notification center within 48 hours of causing the damage. This bill would instead require an excavator discovering or causing excavation-related damage to a subsurface installation that may endanger life or cause serious bodily harm or damage to property to immediately call 911 emergency services, immediately notify the subsurface installation operator, and comply with any guidance to secure the scene. The bill would require the excavator to contact the regional notification center to obtain the contact information of the subsurface installation operator. The bill would require the excavator to notify the board within 2 hours of discovering or causing damage to any subsurface installation. This bill would require an excavator discovering or causing damage to a subsurface installation that may not immediately endanger life or cause serious bodily harm or damage to property to comply with specified other requirements, including notifying the subsurface installation operator within one hour, and within 2 hours of discovering or causing damage, to notify the board of the damage through the web portal on the regional notification center internet website or the board's internet website. (10) Existing law authorizes a local agency that is required to provide specified service to charge a fee to cover the cost of providing the service. This would revise services for which a local agency may charge a fee. The bill would require a local agency to consider specified factors with respect to charging fees, including whether the fee could deter an excavator from contracting the regional notification center. By imposing new duties on local agencies, this bill would impose a state-mandated local program. (11) Existing law requires statewide information provided by operators and excavators regarding incident events to be compiled and made available in an annual report by regional notification centers and posted on the internet websites of the regional notification centers and made available to the board upon request. This bill would instead require that statewide information be compiled and made available in an annual report by the board and posted on the board's internet website. The bill would require the California Regional Common Ground Alliance to provide statewide information to the board by April 15 each year. (12) Existing law provides that an excavator who damages a subsurface installation due to an inaccurate field mark by an operator or third party under contract with the operator is not liable for damages to the subsurface installation if the excavator complied with specified provisions. Existing law defines "inaccurate field mark" as a mark that did not correctly indicate the approximate location of a subsurface installation affected by an excavation. This bill would define "approximate location" for purposes of those provisions. (13) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.