Cal. Code Regs. tit. 19 § 4000

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 4000 - Definitions
(a) The definitions in this section are supplementary to those under Government Code section 4216.
(b) The following definitions shall apply wherever the terms are used throughout this division:

"Act" means the Dig Safe Act of 2016 (SB 661, Chapter 809, Statutes of 2016) and article 2 of chapter 3.1 of division 5 of title 1 of the Government Code (commencing with section 4216).

"Agreement" as the term is used in the Area of Continual Excavation Agreement (Agricultural Operations) means the Area of Continual Excavation Agreement (Agricultural Operations) between an excavator and operator.

"Agreement" as the term is used in the Area of Continual Excavation Agreement (Flood Control Facilities) means the Area of Continual Excavation Agreement (Flood Control Facilities) between an excavator and operator.

"Area of Continual Excavation Agreement (Agricultural Operations)" means the Area of Continual Excavation Agreement--Agricultural Operations (Form No. ACE Agreement 01 (09-01-2023)), which is available on the Board's website: energysafety.ca.gov.

"Area of Continual Excavation Agreement (Flood Control Facilities)" means the Area of Continual Excavation Agreement--Flood Control Facilities (Form No. ACE Agreement 02 (09-01-2023)), which is available on the Board's website: energysafety.ca.gov.

"Business day" means a weekday Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding State of California observed holidays under Government Code section 19853.

"Damage" means any damage to a subsurface installation caused by excavation or excavation related work, including breaks, leaks, nicks, dents, strikes, gouges, grooves, cracks, or punctures to a subsurface installation.

"Farm Owner/Lessee" as the term is used in the Area of Continual Excavation Agreement (Agricultural Operations), means "excavator" as defined in Government Code section 4216, subdivision (h).

"Flood control facility" means an engineered basin operated by a state or local agency, used for the temporary slowing and storing of storm water runoff and for which regular removal of debris is required.

"Investigator" means an investigator under the California Underground Facilities Safe Excavation Board.

"One-call center" as the term is used in the Area of Continual Excavation Agreement (Agricultural Operations) and the Area of Continual Excavation Agreement (Flood Control Facilities) means "regional notification center" as defined in Government Code section 4216, subdivision (q).

"Record" means records related, pertaining, or relevant to any damage or probable violation of the Act or this division. Such "records" include any document, email, photograph, electronic recording, map, drawing including computer-aided designs, film, microfiche, tape, disc, flash drive, book, log, journal, global positioning system ("GPS") coordinates, design plan, ticket, previous incident documentation, soil sample, writing as defined in Evidence Code section 250, or any other tangible or intangible material of any kind.

"Respondent" means the excavator or operator who has been issued a notice of probable violation.

"Staff" means the staff of the California Underground Facilities Safe Excavation Board.

"Utility" as the term is used in the Area of Continual Excavation Agreement (Agricultural Operations), means "high priority subsurface installation" as defined in Government Code section 4216, subdivision (j).

"Utility Owner" as the term is used in the Area of Continual Excavation Agreement (Agricultural Operations), means "operator" as defined in Government Code section 4216, subdivision (o).

Cal. Code Regs. Tit. 19, § 4000

Note: Authority cited: Section 4216.22, Government Code. Reference: Section 4216, Government Code.

Note: Authority cited: Section 4216.22, Government Code. Reference: Section 4216, Government Code.

1. New section filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).
2. Change without regulatory effect amending subsection (b) -- definition of "Area of Continual Excavation Agreement (Agricultural Operations)" and "Area of Continual Excavation Agreement (Flood Control Facilities)" filed 10-25-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 44).