California 2015-2016 Regular Session Status: Enacted

SB 661 — Protection of subsurface installations.

Last action — Chaptered by Secretary of State. Chapter 809, Statutes of 2016.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 13 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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 any person who plans to conduct any excavation to contact the appropriate regional notification center before commencing that excavation, as specified. Existing law defines a subsurface installation as any underground pipeline, conduit, duct, wire, or other structure. Existing law requires an operator of a subsurface installation, who receives notification of proposed excavation work, within 2 working days of that notification, excluding weekends and holidays, to mark the approximate location and number of subsurface installations that may be affected by the excavation or to advise that no subsurface installations operated by him or her would be affected. Existing law requires an operator of a subsurface installation that has failed to comply with these provisions to be liable to the excavator for damages, costs, and expenses. This bill, the Dig Safe Act of 2016, would define terms for its purposes, including, among others, defining "working day" for purposes of determining excavation start date and time. This bill would require 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. The bill would require 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. The bill would require an operator to maintain and preserve all plans and records for any subsurface installation owned by that operator as that information becomes known, as specified. The bill would, commencing November 1, 2017, establish a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation that is required to be valid for one year from the date of issuance and eligible for renewal. This bill would amend the Natural Gas Pipeline Safety Act of 2011 to exclude from its provisions specific kinds of marking and locating of subsurface installations performed in compliance with this act. This bill would prohibit an excavator that damages a subsurface installation due to an inaccurate field mark, as defined, by an operator from being liable for damages, replacement costs, or other expenses arising from damage to the subsurface installation, provided that the excavator complied with the provisions described above. This bill would also require the Public Utilities Commission and the Office of the State Fire Marshal to enforce the requirement to locate and field mark subsurface installations and lines against operators of gas corporations, electrical corporations, water corporations, and operators of hazardous liquid pipeline facilities, as specified. The bill would also authorize a local governing board to enforce these provisions on local agencies under its jurisdiction. This bill would create the California Underground Facilities Safe Excavation Board under, and assisted by the staff of, the Office of the State Fire Marshal. The bill would require the board to coordinate education and outreach activities, develop standards, and enforce, as specified, the provisions described above. The bill would also authorize the board to prescribe rules and regulations as may be necessary or proper to carry out the purposes of these provisions and to exercise the power and duties conferred upon it. The board would be composed of 9 members who would serve 4-year terms, and 2 nonvoting ex officio members who may be invited by the appointed members of the board. The bill, commencing July 1, 2018, would require the board to investigate possible violations of the provisions described above, and would authorize the board to transmit the investigation results and any recommended penalty to the state or local agency with jurisdiction over the activity or business undertaken in the commission of the violation, as specified. The bill would require the board to convene an annual meeting and, on or before February 1, 2018, and each year thereafter, to report to the Governor and the Legislature on its activities and any recommendations. The bill would create the Safe Energy Infrastructure and Excavation Fund in the State Treasury and would provide that moneys deposited into the fund are to be used, upon appropriation by the Legislature, to cover the operational expenses of the board and for educational and outreach purposes, except as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 809, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 35. Noes 3. Page 5594.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 64. Noes 10. Page 6520.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 12. Noes 1.) (August 30).

  9. Re-referred to Com. on U. & C. pursuant to Assembly Rule 77.2.

  10. Ordered to third reading.

  11. Read third time and amended. (Ayes 73. Noes 0. Page 5967.)

  12. Read second time. Ordered to third reading.

  13. Read second time and amended. Ordered to second reading.

  14. From committee: Do pass as amended. (Ayes 12. Noes 1.) (August 11).

  15. August 3 set for first hearing. Placed on APPR. suspense file.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (June 22).

  18. June 8 set for first hearing canceled at the request of author.

  19. Referred to Com. on U. & C.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Passed. (Ayes 35. Noes 3. Page 2954.) Ordered to the Assembly.

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 6. Noes 1. Page 2935.) (January 21).

  24. Set for hearing January 21.

  25. January 19 hearing: Placed on APPR. suspense file.

  26. Set for hearing January 19.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 2886.) (January 12). Re-referred to Com. on APPR.

  28. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0. Page 2879.) (January 11). Re-referred to Com. on JUD.

  29. Set for hearing January 12 in JUD. pending receipt.

  30. Set for hearing January 11.

  31. Re-referred to Coms. on B., P. & E.D. and JUD.

  32. Re-referred to Com. on RLS.

  33. Withdrawn from committee.

  34. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  35. May 28 hearing: Held in committee and under submission.

  36. Set for hearing May 28.

  37. May 11 hearing: Placed on APPR. suspense file.

  38. Set for hearing May 11.

  39. May 4 set for first hearing canceled at the request of author.

  40. Set for hearing May 4.

  41. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 725.) (April 22). Re-referred to Com. on APPR.

  42. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  43. Set for hearing April 22.

  44. Referred to Com. on GOV. & F.

  45. Read first time.

  46. From printer. May be acted upon on or after April 1.

  47. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE

Passed 35 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 33201
Democratic 2100
Total 35301
% of votes cast 90%8%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Moorlach — Not Voting
Nielsen — Nay
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Pan — Yea
Roth — Yea
Vidak — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 661 Hill Senate Third Reading By SALAS

Passed 64 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 58705
Democratic 5000
Republican 1301
Total 641006
% of votes cast 80%13%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Not Voting
Wagner — Nay
Wood — Yea
Chang — Yea
Eggman — Yea
Chu — Yea
Frazier — Yea
Campos — Yea
Chávez — Yea
Cooley — Yea
Salas — Yea
Cooper — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Alejo — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Olsen — Yea
Wilk — Yea
Burke — Yea
Atkins — Yea
Gordon — Yea
Gray — Not Voting
Harper — Nay
Chau — Yea
Bigelow — Nay
Chiu — Yea
Kim — Not Voting
Levine — Yea
Linder — Yea
Mayes — Not Voting
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12101
Republican 0001
Total 12102
% of votes cast 80%7%0%13%
How each member voted (15)
Member Party Vote
Holden — Yea
Eggman — Yea
Burke — Yea
Gatto — Yea
Chávez — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Williams — Not Voting
Hadley — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Dahle, Megan Republican Not Voting

Official roll call →

SB 661 Hill Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Mathis — Not Voting
Medina — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Cooper — Yea
Gatto — Yea
Chávez — Yea
Harper — Yea
Salas — Yea
Low — Yea
Olsen — Yea
Burke — Yea
Bonilla — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Hadley — Yea
Holden — Not Voting
Kim — Not Voting
Linder — Yea
Maienschein — Yea
Campos — Yea
Atkins — Yea
Mayes — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Chang — Yea
Bigelow — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Not Voting
O'Donnell — Yea
Obernolte — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Frazier — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 11104
Democratic 1001
Republican 0002
Total 12107
% of votes cast 60%5%0%35%
How each member voted (20)
Member Party Vote
Bloom — Yea
Quirk — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
McCarty — Yea
Chang — Yea
Daly — Not Voting
Bigelow — Not Voting
Holden — Not Voting
Obernolte — Nay
Wagner — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10103
Republican 0100
Total 10203
% of votes cast 67%13%0%20%
How each member voted (15)
Member Party Vote
Obernolte — Not Voting
Ting — Yea
Eggman — Yea
Gatto — Yea
Burke — Yea
Quirk — Yea
Santiago — Yea
Williams — Yea
Chávez — Not Voting
Hadley — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Roger Hernández — Yea
Dahle, Megan Republican Nay

Official roll call →

3rd Reading

Passed 35 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33202
Democratic 2100
Total 35302
% of votes cast 88%8%0%5%
How each member voted (40)
Member Party Vote
Bates — Not Voting
Block — Yea
Hill — Yea
Lara — Yea
Liu — Yea
Morrell — Nay
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Glazer — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hancock — Yea
Hernandez — Yea
Anderson — Yea
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wolk — Not Voting
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6100
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Mendoza — Yea
Nielsen — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Bates — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Nielsen — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Leyva — Yea
Mendoza — Yea

Official roll call →

Subjects

public-safety labor transportation energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 661 do?
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 any person who plans to conduct any excavation to contact the appropriate regional notification center before commencing that excavation, as specified. Existing law defines a subsurface installation as any underground pipeline, conduit, duct, wire, or other structure. Existing law requires an operator of a subsurface installation, who receives notification of proposed excavation work, within 2 working days of that notification, excluding weekends and holidays, to mark the approximate location and number of subsurface installations that may be affected by the excavation or to advise that no subsurface installations operated by him or her would be affected. Existing law requires an operator of a subsurface installation that has failed to comply with these provisions to be liable to the excavator for damages, costs, and expenses. This bill, the Dig Safe Act of 2016, would define terms for its purposes, including, among others, defining "working day" for purposes of determining excavation start date and time. This bill would require 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. The bill would require 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. The bill would require an operator to maintain and preserve all plans and records for any subsurface installation owned by that operator as that information becomes known, as specified. The bill would, commencing November 1, 2017, establish a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation that is required to be valid for one year from the date of issuance and eligible for renewal. This bill would amend the Natural Gas Pipeline Safety Act of 2011 to exclude from its provisions specific kinds of marking and locating of subsurface installations performed in compliance with this act. This bill would prohibit an excavator that damages a subsurface installation due to an inaccurate field mark, as defined, by an operator from being liable for damages, replacement costs, or other expenses arising from damage to the subsurface installation, provided that the excavator complied with the provisions described above. This bill would also require the Public Utilities Commission and the Office of the State Fire Marshal to enforce the requirement to locate and field mark subsurface installations and lines against operators of gas corporations, electrical corporations, water corporations, and operators of hazardous liquid pipeline facilities, as specified. The bill would also authorize a local governing board to enforce these provisions on local agencies under its jurisdiction. This bill would create the California Underground Facilities Safe Excavation Board under, and assisted by the staff of, the Office of the State Fire Marshal. The bill would require the board to coordinate education and outreach activities, develop standards, and enforce, as specified, the provisions described above. The bill would also authorize the board to prescribe rules and regulations as may be necessary or proper to carry out the purposes of these provisions and to exercise the power and duties conferred upon it. The board would be composed of 9 members who would serve 4-year terms, and 2 nonvoting ex officio members who may be invited by the appointed members of the board. The bill, commencing July 1, 2018, would require the board to investigate possible violations of the provisions described above, and would authorize the board to transmit the investigation results and any recommended penalty to the state or local agency with jurisdiction over the activity or business undertaken in the commission of the violation, as specified. The bill would require the board to convene an annual meeting and, on or before February 1, 2018, and each year thereafter, to report to the Governor and the Legislature on its activities and any recommendations. The bill would create the Safe Energy Infrastructure and Excavation Fund in the State Treasury and would provide that moneys deposited into the fund are to be used, upon appropriation by the Legislature, to cover the operational expenses of the board and for educational and outreach purposes, except as specified.
Who sponsors SB 661?
SB 661 is sponsored by Hill.
What is the current status of SB 661?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track SB 661?
Track SB 661 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 661

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 661

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →