Subsurface installations: attorney's fees and costs.

Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. Existing law requires an operator, before the legal start date and time of the excavation, to locate and field mark, within the area delineated for excavation, its subsurface installations. Existing law, commencing July 1, 2020, establishes a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation, as defined, that is valid for one year from the date of issuance and eligible for renewal. Existing law requires this process to include onsite meetings to develop a mutually agreed-upon plan. Existing law prescribes liability for failure to comply with these processes. This bill would require a court to award attorney's fees and costs, including expert witness fees, to a prevailing party in a civil action or arbitration for specified damages arising from the excavation and arising between an operator of a subsurface installation and an excavator. The bill would apply certain procedures relating to offers to compromise to these civil actions and arbitrations. The bill would also authorize a court or arbitrator to consider offers of settlement exchanged between the parties, as specified, for purposes of determining an attorney's fees and costs, including expert witness fees, award.