4216. As used in this article, the following definitions apply: (a) “Active subsurface installation” means a subsurface installation currently in use or currently carrying service. (b) “Board” means the California Underground Facilities Safe Excavation Board, also known as the “Dig Safe Board.” (c) “Area of continual excavation” means a location where excavation is part of the normal business […]
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 […]
4216.10. (a) In lieu of the notification and locate and field mark requirements of Sections 4216.2 and 4216.3, an excavator may contact a regional notification center to request a continual excavation ticket for an area of continual excavation. The regional notification center shall provide a ticket to the person who contacts the center pursuant to this […]
4216.11. On or before January 1, 2020, the board shall adopt regulations to establish minimum elements for the onsite meeting and minimum elements for the mutually agreed-upon plan described in paragraph (1) of subdivision (c) of Section 4616.10 for managing an area of continual excavation. (Added by Stats. 2017, Ch. 26, Sec. 51. (SB 92) […]
4216.12. (a) The Dig Safe Board is hereby created under, and shall be assisted by the staff of, the Office of the State Fire Marshal until January 1, 2022. On and after January 1, 2022, the board shall be within the Office of Energy Infrastructure Safety within the Natural Resources Agency pursuant to Part 7.3 (commencing […]
4216.13. (a) The board shall be composed of nine members, of which seven shall be appointed by the Governor, one shall be appointed by the Speaker of the Assembly, and one shall be appointed by the Senate Committee on Rules. (b) The seven members appointed by the Governor shall be appointed, as follows: (1) Three members shall have […]
4216.14. (a) The term of a member of the board is four years. Of the first members of the board, four members, determined by lot, shall serve for two years so that the terms of the members shall be staggered. (b) A member shall not be appointed for more than two consecutive full terms. (c) To the extent […]
4216.15. The board shall meet at least once every three months. The board shall hold meetings in Sacramento and Los Angeles, and in other locations in the state it deems necessary. (Added by Stats. 2016, Ch. 809, Sec. 14. (SB 661) Effective January 1, 2017.)
4216.16. The board may obtain funding for its operational expenses from: (a) A federal grant. (b) A fee charged to members of the regional notification centers not to exceed the reasonable regulatory cost incident to enforcement of this article. The board shall apportion the fee in a manner consistent with formulas used by the regional notification centers. […]
4216.17. (a) The board shall annually convene a meeting for the following purposes: (1) To understand the existing needs for education and outreach, including to those groups with the highest awareness and education needs, including, but not limited to, homeowners. (2) To facilitate discussion on how to coordinate existing education and outreach efforts with state and local government […]
4216.18. The board shall develop a standard or set of standards relevant to safety practices in excavating around subsurface installations and procedures and guidance in encouraging those practices. When possible, standards should be informed by publicly available data, including, but not limited to, that collected by state and federal agencies and by the regional notification […]
4216.19. (a) The board shall investigate possible violations of this article. (b) The board may investigate reports of incident events, as defined in paragraph (1) of subdivision (h) of Section 4216.6, and complaints from affected parties and members of the public. (c) In determining whether to pursue an investigation, the board shall consider whether the parties have settled […]
4216.2. (a) Before notifying the appropriate regional notification center, an excavator planning to conduct an excavation shall delineate the area to be excavated. If the area is not delineated, an operator may, at the operator’s discretion, choose not to locate and field mark until the area to be excavated has been delineated. (b) Except in an emergency, […]
4216.21. (a) For an investigation that the board undertakes as a result of a complaint of a violation of Section 4216.2, 4216.3, 4216.4, or 4216.10, the complainant shall not file an action in court for damages based on those violations until the investigation is complete, or for 6 months after the investigation begins, whichever comes first, […]
4216.22. Consistent with all laws of this state, the board may prescribe rules and regulations as may be necessary or proper to carry out the purposes and intent of this act and to exercise the powers and duties conferred upon it by this act. (Added by Stats. 2016, Ch. 809, Sec. 20. (SB 661) Effective […]
4216.23. (a) Notwithstanding Section 10231.5, the board shall report to the Governor and the Legislature on or before February 1, 2018, and each year thereafter, on the activities of the board and any recommendations of the board. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (Added by […]
4216.24. The Safe Energy Infrastructure and Excavation Fund is hereby established in the State Treasury. Moneys deposited into the fund shall be used, upon appropriation by the Legislature, to cover the operational expenses of the board and for the purposes specified in subdivision (c) of Section 4216.17, except that revenues derived from penalties imposed pursuant […]
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 […]
4216.4. (a) (1) Except as provided in paragraph (2), if an excavation is within the tolerance zone of a subsurface installation, the excavator shall determine the exact location of the subsurface installations in conflict with the excavation using hand tools before using any power-driven excavation or boring equipment within the tolerance zone of the subsurface installations. In […]
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 […]
