Subsurface installations: penalties.

Existing law regulates excavations around subsurface installations, which are defined as any underground pipeline, conduit, duct, wire, or other structure, excepting certain nonpressurized lines, including sewerlines. Existing law generally requires an operator of a subsurface installation to become a member of, participate in, and share in the costs of a regional notification center. In this context, a "regional notification center" is a nonprofit association or organization of operators of subsurface installations that provide advance warning of excavations or other work close to subsurface installations for the purpose of protecting those installations. Existing law prescribes civil penalties for violations of provisions relating to subsurface installations in amounts not to exceed $10,000 for negligent violations and not to exceed $50,000 for knowing and willful violations. Existing law authorizes the Attorney General, or the state or local agency that issued an excavation permit, to bring actions for the enforcement of these penalties. Existing law also authorizes other agencies, including the Public Utilities Commission, to enforce these provisions in connection with specified activities and jurisdictions, and with regard to these enforcement activities, existing law requires the deposit of any penalties collected into the Safe Energy Infrastructure and Excavation Fund. Moneys in that fund are available upon appropriation by the Legislature for specified purposes, including education and outreach. This bill would enact the Wade Kilpatrick Gas Safety and Workforce Adequacy Act of 2021. The bill would prescribe a civil penalty of up to $100,000 to be imposed on an operator or excavator, as described above, who knowingly and willfully violates provisions relating to excavations and subsurface installations and damages a gas or hazardous liquid pipeline subsurface installation in a way that results in the escape of any flammable, toxic, or corrosive gas or liquid.