California legislation mandates reporting underground utility damage by excavators

In 2016 in the first of several far reaching regulations the California legislature passed SB 661 that created the California Underground Facilities Safe Excavation Board. The primary activities of the board were to develop standards and prescribe rules and regulations covering underground utilities during excavations. A number of other bills followed, the most important of which was SB 865 in 2020 which contains provisions with far reaching implications.

Reliable as-builts

First of all, SB 865 requires network operators operator to maintain records of the location of subsurface utilities.  Starting in January 1, 2023, all new subsurface installations are to be mapped using a geographic information system (GIS) and maintained as permanent records by the network operator. It is not clear from the legislation itself what the implications are for the accuracy of as-builts submitted for newly installed facilities, but optimistically it will result in regulations similar to those in Colorado and Montana which mandate accurate as-builts signed by a professional engineer or land surveyor.

Reporting damage incidents

In North America few jurisdiction require reporting of incidents of underground utility damage during construction. Another provision of SB 865 with far reaching implications makes reporting underground damage mandatory for excavators. The California Code of Regulations requires that an excavator causing damage must file a report at a regional notification centre within two hours of the incident. Emphasizing the importance of this data the bill further specifies that the regional notification centre must notify the California Underground Facilities Safe Excavation Board of the damage incident.

Recording information about incidents of underground damage is essential not only in developing an understanding of the causes of damage, but it also provides the basis for assessing the effectiveness of different programs for reducing damage. To put this in context in North America reporting of incidents of underground damage is generally not required.

In North America extensive damage data is compiled by the Common Ground Alliance (CGA) which receives over 400,000 voluntarily submitted damage reports every year. CGA issues a DIRT Report every year with valuable data on underground damage including the rate of damage prorated to construction activity. The California legislation should enhance the perceived value of collecting and compiling data on underground utility damage.