Excavations: subsurface installations: violations.

Existing law generally requires any person planning to conduct an excavation to contact a regional notification center prior to excavation, and, if practical, to delineate the areas to be excavated. Existing law authorizes the Attorney General, a district attorney, or the state or a local agency that issued a permit to excavate to bring an action for the enforcement of a civil penalty against an operator or excavator who negligently or knowingly and willfully violates these and related provisions. This bill would increase the maximum amounts for civil penalties that may be assessed for negligent or knowing and willful violations, and would specify what are separate violations for purposes of assessing civil penalties. The bill would authorize, upon receipt of an investigation report prepared by the Public Utilities Commission or an operator, the Attorney General or the district attorney to bring an action in the name of the people of the State of California for the enforcement of those civil penalties. The bill would also authorize the Public Utilities Commission or an operator to provide an investigation report to the local or state agency that issued the permit to excavate, and would authorize the local or state agency to take action to assess those penalties. The bill would require the commission to include a summary of any damage reported to the commission and of any investigation undertaken in a specified annual report to the Governor and the Legislature. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.