California 2023-2024 Regular Session Status: Enacted 1 R cosponsors

SB 778 — Excavations: subsurface installations.

Last action — Chaptered by Secretary of State. Chapter 447, Statutes of 2024.

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  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 17, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 22, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, commonly referred to as the Dig Safe Act, establishes a regional notification system to provide certain entities, defined as operators, that own, operate, and maintain subsurface installations with advance warning of nearby excavations or other work for the purpose of protecting those installations from damage, removal, relocation, or repair. Existing law requires an excavator planning to conduct an excavation to notify the regional notification center of their intent before beginning excavation. Existing law requires the regional notification center, in response to this notification, to provide the excavator with a ticket and to notify certain operators who have a subsurface installation in the proposed excavation area. Should a ticket obtained by an excavator expire, existing law requires an excavator to contact the regional notification center, cease all excavation, and wait a minimum of 2 working days before restarting excavation. Existing law authorizes an excavator to use a vacuum excavation device to expose subsurface installations within the tolerance zone if specified conditions are met, including that the excavator has contacted any operator whose subsurface installations may be in conflict with the excavation. Existing law requires an operator to take one of several specified actions before the legal excavation start date and time, including locating and field marking within the delineated area and, where multiple subsurface installations of the same type are known to exist together, marking the number of subsurface installations. Existing law prohibits an excavator from beginning excavation until the excavator receives a response from all known operators of subsurface installations, as specified. Existing law also establishes emergency and notification procedures for an excavator who discovers or causes damage to a subsurface installation. This bill, among other changes, would revise the procedure an excavator must follow should a ticket expire. The bill would also revise requirements for an excavator to use vacuum equipment. The bill would revise the requirements related to subsurface installation operator responses that an excavator must receive before beginning excavation, and the emergency and notification procedures when an excavator discovers or causes damage to a subsurface installation. Existing law authorizes a local agency that is required to provide specified services related to field marking to charge a fee to cover the cost of providing the service. This bill would revise those provisions by, among other things, requiring a local agency to consider specified factors with respect to charging fees, including whether the fee could deter an excavator from contacting the regional notification center. By imposing new duties on local agencies, this bill would impose a state-mandated local program. Existing law requires statewide information provided by operators and excavators regarding incident events to be compiled in an annual report by regional notification centers and made available to the board upon request, as specified. This bill would revoke the requirement that regional notification centers compile and make available the above-described annual reports. The bill would specify the types of events that the board may investigate. Existing law establishes the California Underground Facilities Safe Excavation Board, also known as the Dig Safe Board, composed of 9 members, for the enforcement and administration of the Dig Safe Act of 2016. Existing law requires the Governor to appoint 7 of the board members and the Senate Committee on Rules to appoint one board member. Existing law imposes certain eligibility requirements upon board members, as specified. This bill would revise the knowledge and experience requirements for 3 of the members appointed by the Governor. The bill would also allow that the board member appointed by the Senate Committee on Rules be employed by an operator. The bill would also make other conforming changes and nonsubstantive changes. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 447, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5611.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 77. Noes 0. Page 6544.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

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

  10. From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15).

  11. August 7 set for first hearing. Placed on suspense file.

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

  13. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (July 1).

  14. July 12 set for second hearing canceled at the request of author.

  15. June 28 set for first hearing canceled at the request of author.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.

  17. Referred to Com. on U. & E.

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

  19. Read third time. Passed. (Ayes 40. Noes 0. Page 1305.) Ordered to the Assembly.

  20. Ordered to special consent calendar.

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 7. Noes 0. Page 1183.) (May 18).

  23. Set for hearing May 18.

  24. May 8 hearing: Placed on APPR suspense file.

  25. Set for hearing May 8.

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

  27. From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 8. Noes 0. Page 939.) (April 26).

  28. Set for hearing April 26.

  29. Read second time and amended. Re-referred to Com. on GOV. & F.

  30. From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 12. Noes 0. Page 636.) (April 10).

  31. Set for hearing April 10.

  32. Referred to Coms. on B., P. & E. D. and GOV. & F.

  33. From printer. May be acted upon on or after March 20.

  34. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

Special Consent SB778 Ochoa Bogh

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 6001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

SB 778 Ochoa Bogh Senate Third Reading By Chen

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 45002
Republican 13000
Unaffiliated 19000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Maienschein — Yea
Ting — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
Rodriguez — Yea
McCarty — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Villapudua — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 0003
Democratic 9000
Unaffiliated 2001
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Republican 3000
Unaffiliated 5001
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Wood — Yea
Holden — Yea
Friedman — Yea
Santiago — Yea
Ting — Yea
Jim Patterson — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Calderon, Lisa Democratic Yea
Hart, Gregg Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Schiavo, Pilar Democratic Yea
Zbur, Rick Chavez Democratic Yea
Chen, Phillip Republican Yea
Patterson, Joe Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Special Consent SB778 Ochoa Bogh

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Republican 2000
Unaffiliated 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Glazer — Yea
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Governance and Finance]

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 6000
Republican 1001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Eggman — Yea
Dodd — Yea
Glazer — Yea
Wilk — Yea
Roth — Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Nguyen, Stephanie Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Wahab, Aisha Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety labor transportation
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Frequently asked questions

What does SB 778 do?
Existing law, commonly referred to as the Dig Safe Act, establishes a regional notification system to provide certain entities, defined as operators, that own, operate, and maintain subsurface installations with advance warning of nearby excavations or other work for the purpose of protecting those installations from damage, removal, relocation, or repair. Existing law requires an excavator planning to conduct an excavation to notify the regional notification center of their intent before beginning excavation. Existing law requires the regional notification center, in response to this notification, to provide the excavator with a ticket and to notify certain operators who have a subsurface installation in the proposed excavation area. Should a ticket obtained by an excavator expire, existing law requires an excavator to contact the regional notification center, cease all excavation, and wait a minimum of 2 working days before restarting excavation. Existing law authorizes an excavator to use a vacuum excavation device to expose subsurface installations within the tolerance zone if specified conditions are met, including that the excavator has contacted any operator whose subsurface installations may be in conflict with the excavation. Existing law requires an operator to take one of several specified actions before the legal excavation start date and time, including locating and field marking within the delineated area and, where multiple subsurface installations of the same type are known to exist together, marking the number of subsurface installations. Existing law prohibits an excavator from beginning excavation until the excavator receives a response from all known operators of subsurface installations, as specified. Existing law also establishes emergency and notification procedures for an excavator who discovers or causes damage to a subsurface installation. This bill, among other changes, would revise the procedure an excavator must follow should a ticket expire. The bill would also revise requirements for an excavator to use vacuum equipment. The bill would revise the requirements related to subsurface installation operator responses that an excavator must receive before beginning excavation, and the emergency and notification procedures when an excavator discovers or causes damage to a subsurface installation. Existing law authorizes a local agency that is required to provide specified services related to field marking to charge a fee to cover the cost of providing the service. This bill would revise those provisions by, among other things, requiring a local agency to consider specified factors with respect to charging fees, including whether the fee could deter an excavator from contacting the regional notification center. By imposing new duties on local agencies, this bill would impose a state-mandated local program. Existing law requires statewide information provided by operators and excavators regarding incident events to be compiled in an annual report by regional notification centers and made available to the board upon request, as specified. This bill would revoke the requirement that regional notification centers compile and make available the above-described annual reports. The bill would specify the types of events that the board may investigate. Existing law establishes the California Underground Facilities Safe Excavation Board, also known as the Dig Safe Board, composed of 9 members, for the enforcement and administration of the Dig Safe Act of 2016. Existing law requires the Governor to appoint 7 of the board members and the Senate Committee on Rules to appoint one board member. Existing law imposes certain eligibility requirements upon board members, as specified. This bill would revise the knowledge and experience requirements for 3 of the members appointed by the Governor. The bill would also allow that the board member appointed by the Senate Committee on Rules be employed by an operator. The bill would also make other conforming changes and nonsubstantive changes. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 778?
SB 778 is sponsored by Ochoa Bogh, Rosilicie (Republican).
What is the current status of SB 778?
This bill has been enacted into law. Introduced February 17, 2023. Enacted.
Where can I track SB 778?
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