Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1166Introduced by Assembly Member LevineFebruary 21, 2019 An act to amend Section 4216.2 4216.3 of the Government Code, relating to underground infrastructure. LEGISLATIVE COUNSEL'S DIGESTAB 1166, as amended, Levine. Public works: protection of underground infrastructure: regional notification center system. regional notification center system: electronic positive response.Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and provide a ticket, and prohibits an excavator from beginning excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation, as provided. Existing law, commencing January 1, 2018, authorizes every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time, and requires the regional notification center to make those responses available to the excavator. Existing law defines an electronic positive response, for these purposes, to mean an electronic response from an operator to the regional notification center providing the status of an operators statutorily required response to a ticket.This bill would, instead, on and after January 1, ____, require every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time.Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and to provide a ticket. Existing law defines a regional notification center, for these purposes, as 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, and defines a ticket as an excavation location request issued a number by the regional notification center. This bill would require a regional notification center to report the issuance of tickets to the Public Utilities Commission, and would require the Public Utilities Commission to retain these records for 5 or more years.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.(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 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 (f) 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.SECTION 1.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 operators 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 excavators 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. The contact information for operators notified shall be available to the excavator.(c)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 to set up an onsite meeting prior to the legal excavation start date and time or 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. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the 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)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 renew the ticket either by accessing the centers internet website or by calling 811 by the end of the 28th day. The regional notification center shall report the issuance of tickets to the Public Utilities Commission, and the Public Utilities Commission shall retain these records for five or more years.(f)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 to guidelines for inspection as may be established by the regional notification centers.(g)Unless an emergency exists, an excavator shall not begin excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation pursuant to subdivision (a) of Section 4216.3 and until the completion of any onsite meeting, if required by subdivision (c).(h)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.(i)If a ticket obtained by an excavator expires but work is ongoing, the excavator shall contact the regional notification center and get a new ticket and wait a minimum of two working days, not including the date of the contact, before restarting excavation. All excavation shall cease during the waiting period.
Amended IN Assembly April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1166Introduced by Assembly Member LevineFebruary 21, 2019 An act to amend Section 4216.2 4216.3 of the Government Code, relating to underground infrastructure. LEGISLATIVE COUNSEL'S DIGESTAB 1166, as amended, Levine. Public works: protection of underground infrastructure: regional notification center system. regional notification center system: electronic positive response.Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and provide a ticket, and prohibits an excavator from beginning excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation, as provided. Existing law, commencing January 1, 2018, authorizes every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time, and requires the regional notification center to make those responses available to the excavator. Existing law defines an electronic positive response, for these purposes, to mean an electronic response from an operator to the regional notification center providing the status of an operators statutorily required response to a ticket.This bill would, instead, on and after January 1, ____, require every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time.Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and to provide a ticket. Existing law defines a regional notification center, for these purposes, as 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, and defines a ticket as an excavation location request issued a number by the regional notification center. This bill would require a regional notification center to report the issuance of tickets to the Public Utilities Commission, and would require the Public Utilities Commission to retain these records for 5 or more years.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 01, 2019
Amended IN Assembly April 01, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1166
Introduced by Assembly Member LevineFebruary 21, 2019
Introduced by Assembly Member Levine
February 21, 2019
An act to amend Section 4216.2 4216.3 of the Government Code, relating to underground infrastructure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1166, as amended, Levine. Public works: protection of underground infrastructure: regional notification center system. regional notification center system: electronic positive response.
Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and provide a ticket, and prohibits an excavator from beginning excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation, as provided. Existing law, commencing January 1, 2018, authorizes every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time, and requires the regional notification center to make those responses available to the excavator. Existing law defines an electronic positive response, for these purposes, to mean an electronic response from an operator to the regional notification center providing the status of an operators statutorily required response to a ticket.This bill would, instead, on and after January 1, ____, require every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time.Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and to provide a ticket. Existing law defines a regional notification center, for these purposes, as 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, and defines a ticket as an excavation location request issued a number by the regional notification center. This bill would require a regional notification center to report the issuance of tickets to the Public Utilities Commission, and would require the Public Utilities Commission to retain these records for 5 or more years.
Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and provide a ticket, and prohibits an excavator from beginning excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation, as provided. Existing law, commencing January 1, 2018, authorizes every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time, and requires the regional notification center to make those responses available to the excavator. Existing law defines an electronic positive response, for these purposes, to mean an electronic response from an operator to the regional notification center providing the status of an operators statutorily required response to a ticket.
This bill would, instead, on and after January 1, ____, require every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time.
Existing law requires an excavator planning to conduct an excavation to notify the appropriate regional notification center of the excavators intent to excavate at least 2 working days, and not more than 14 calendar days, before beginning that excavation. Existing law requires the regional notification center to take the information and to provide a ticket. Existing law defines a regional notification center, for these purposes, as 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, and defines a ticket as an excavation location request issued a number by the regional notification center.
This bill would require a regional notification center to report the issuance of tickets to the Public Utilities Commission, and would require the Public Utilities Commission to retain these records for 5 or more years.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. 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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.(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 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 (f) 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.SECTION 1.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 operators 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 excavators 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. The contact information for operators notified shall be available to the excavator.(c)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 to set up an onsite meeting prior to the legal excavation start date and time or 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. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the 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)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 renew the ticket either by accessing the centers internet website or by calling 811 by the end of the 28th day. The regional notification center shall report the issuance of tickets to the Public Utilities Commission, and the Public Utilities Commission shall retain these records for five or more years.(f)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 to guidelines for inspection as may be established by the regional notification centers.(g)Unless an emergency exists, an excavator shall not begin excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation pursuant to subdivision (a) of Section 4216.3 and until the completion of any onsite meeting, if required by subdivision (c).(h)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.(i)If a ticket obtained by an excavator expires but work is ongoing, the excavator shall contact the regional notification center and get a new ticket and wait a minimum of two working days, not including the date of the contact, before restarting excavation. All excavation shall cease during the waiting period.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. 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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.(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 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 (f) 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.
SECTION 1. Section 4216.3 of the Government Code is amended to read:
### SECTION 1.
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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.(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 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 (f) 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.
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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.(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 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 (f) 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.
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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.(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 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 (f) 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.
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 operators 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 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) Commencing January 1, 2018, On and after January 1, ____, every operator may shall 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 to the excavator.
(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 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 (f) 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.
(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 operators 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 excavators 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. The contact information for operators notified shall be available to the excavator.
(c)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 to set up an onsite meeting prior to the legal excavation start date and time or 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. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the 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)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 renew the ticket either by accessing the centers internet website or by calling 811 by the end of the 28th day. The regional notification center shall report the issuance of tickets to the Public Utilities Commission, and the Public Utilities Commission shall retain these records for five or more years.
(f)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 to guidelines for inspection as may be established by the regional notification centers.
(g)Unless an emergency exists, an excavator shall not begin excavation until the excavator receives a response from all known operators of subsurface installations within the delineated boundaries of the proposed area of excavation pursuant to subdivision (a) of Section 4216.3 and until the completion of any onsite meeting, if required by subdivision (c).
(h)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.
(i)If a ticket obtained by an excavator expires but work is ongoing, the excavator shall contact the regional notification center and get a new ticket and wait a minimum of two working days, not including the date of the contact, before restarting excavation. All excavation shall cease during the waiting period.