California Law

View CA Government Code 4216
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California State Law Says, You Must Contact DigAlert® Before You Dig!

Failure to do so can result in fines up to fifty thousand dollars and you could be charged with the repair costs of damaged underground facility. Why risk it? Contact DigAlert® before you dig and they will notify all of its members having underground facilities within the delineated area.

Important changes effective January 1st 2025

  • 4216 (e) “Electronic positive response” means an electronic response from an operator to the regional notification center providing the status of an operator’s obligations under subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3.
  • 4216.2 (g) (1) Unless an emergency exists, an excavator shall not begin excavation until all operators of subsurface installations that are listed on the ticket have fulfilled their obligations under subparagraph (A) of paragraph (1) of subdivision (a) of Section 4216.3 and until the completion of any onsite meeting, if required by subdivision (c).
    • (2) The excavator may begin excavation before the legal excavation start date and time if all of the conditions in paragraph (1) have been satisfied.
  • 4216.2 (i) If a ticket obtained by an excavator expires but work is ongoing, the excavator shall immediately cease excavation, contact the regional notification center and get a new ticket pursuant to subdivision (b), and may not resume excavation until the conditions in subdivision (g) have been satisfied.
  • 4216.4 (2) (A) An excavator may use a vacuum excavation device to expose subsurface installations within the tolerance zone if the excavator has informed the regional notification center of their intent to use a vacuum excavation device when obtaining a ticket and the operator has agreed to the use of a vacuum excavation device. An operator not agreeing to the use of a vacuum excavation device shall include that information on their electronic positive response.
  • 4216.4 (b) If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with subdivision (a), the excavator shall request the operator to provide additional information to the excavator, to the extent that information is available to the operator, to enable the excavator to determine the exact location of the installation. The operator shall provide relevant existing additional information to the excavator within one working day. If the excavator has questions about the markings that an operator has placed, the excavator may contact the notification center to send a request to have the operator contact the excavator directly. The regional notification center shall provide the excavator with the contact telephone number of the subsurface installation operator. (c) (1) An excavator shall immediately call 911 emergency services upon discovering or causing damage to one of the following:
    • (A) A gas or hazardous liquid pipeline subsurface installation in which the damage results in the escape of any flammable, toxic, or corrosive gas or liquid.
    • (B) A high priority subsurface installation of any kind, except that the excavator does not need to call 911 if all of the following conditions are satisfied:
      • (i) The excavator is the operator of the high priority subsurface installation.
      • (ii) The damage was discovered by the operator during operations and maintenance activities.
      • (iii) The damage does not meet the circumstances in subparagraph (A).
    • (2) An excavator shall immediately notify the operator upon discovering or causing damage to a subsurface installation, including all breaks, leaks, nicks, dents, gouges, grooves, or other damage to subsurface installation lines, conduits, coatings, or cathodic protection. In the event of damage to a subsurface excavation described in paragraph (1), the excavator must contact the operator immediately after calling 911 emergency services. The excavator may contact the regional notification center to obtain the contact information of the subsurface installation operator. If the operator is unknown and the damage or discovery of damage occurs outside the working hours of the regional notification center, the excavator may follow the instructions provided by the regional notification center through its internet website or the telephone line recorded message.
    • (3) Except as provided in subparagraph (A), an excavator shall notify the regional notification center within 48 hours of discovering or causing damage to any subsurface installation pursuant to paragraph (2).
      • (A) An excavator does not need to notify the regional notification center of damage discovered by the excavator if all of the following conditions are satisfied:
        • (i) The excavator is the operator of the subsurface installation.
        • (ii) The damage was discovered by the operator during operations and maintenance activities.
        • (iii) The damage does not meet the circumstances in subparagraph (A) of paragraph (1).

Important changes effective January 1st 2022

4216.6.

(a) (1) Any operator or excavator who negligently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000). (2) Any operator or excavator who knowingly and willfully violates any of the provisions of this article is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000). (3) Any operator or excavator who knowingly and willfully violates any of the provisions of this article in a way that results in damage to a gas or hazardous liquid pipeline subsurface installation and that results in the escape of any flammable, toxic, or corrosive gas or liquid is subject to a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000). (4) Except as otherwise specifically provided in this article, this section is not intended to affect any civil remedies otherwise provided by law for personal injury or for property damage, including any damage to subsurface installations, nor is this section intended to create any new civil remedies for those injuries or that damage. (5) This article shall not be construed to limit any other provision of law granting governmental immunity to state or local agencies or to impose any liability or duty of care not otherwise imposed by law upon any state or local agency.

4216.7.

(a) If a subsurface installation is damaged by an excavator as a result of failing to comply with Section 4216.2, 4216.4, or 4216.10 or subdivision (b) of Section 4216.3, or as a result of failing to comply with the operator’s requests to protect the subsurface installation as specified by the operator before the start of excavation, the excavator shall be liable to the operator of the subsurface installation for resulting damages, costs, and expenses to the extent the damages, costs, and expenses were proximately caused by the excavator’s failure to comply. (b) If an operator has failed to become a member of, participate in, or share in the costs of, a regional notification center, that operator shall forfeit the operator’s claim for damages to the operator’s subsurface installation arising from an excavation against an excavator who has complied with this article to the extent damages were proximately caused by the operator’s failure to comply with this article. (c) If an operator of a subsurface installation without a reasonable basis, as determined by a court of competent jurisdiction, has failed to comply with the provisions of Section 4216.3, including, but not limited to, the requirement to field mark the appropriate location of subsurface installations within two working days of notification, as defined by subdivision (v) of Section 4216 and subdivision (b) of Section 4216.2, has failed to comply with subdivision (c) of Section 4216.2, or has failed to comply with subdivision (b) of Section 4216.4, the operator shall be liable for damages to the excavator who has complied with Section 4216.2, subdivisions (b) and (e) of Section 4216.3, and Section 4216.4, including liquidated damages, liability, losses, costs, and expenses, actually incurred by the excavator, resulting from the operator’s failure to comply with these specified requirements to the extent the damages, costs, and expenses were proximately caused by the operator’s failure to comply. (d)(1) An excavator who damages a subsurface installation due to an inaccurate field mark by an operator, or by a third party under contract to perform field marking for the operator, shall not be liable for damages, replacement costs, or other expenses arising from damages to the subsurface installation if the excavator complied with Section 4216.10 or Sections 4216.2 and 4216.4. (2) This section is not intended to create any presumption or to affect the burden of proof in any action for personal injuries or property damage, other than damage to the subsurface installation, nor is this section intended to affect, create, or eliminate any remedy for personal injury or property damage, other than damage to the subsurface installation. (e) For the purposes of this section, “inaccurate field mark” means a mark, or set of markings, made pursuant to Section 4216.3 or 4216.10, that did not correctly indicate the approximate location of a subsurface installation affected by an excavation and includes the actual physical location of a subsurface installation affected by an excavation that should have been marked pursuant to Section 4216.3 but was not. (f) Nothing in this section shall be construed to do any of the following: (1) Affect claims, including, but not limited to, third-party claims brought against the excavator or operator by other parties for damages arising from the excavation. (2) Exempt the excavator or operator from the excavator’s or the operator’s duty to mitigate any damages as required by common or other applicable law. (3) Exempt the excavator or operator from liability to each other or third parties based on equitable indemnity or comparative or contributory negligence. (g) A court or arbitrator shall award reasonable attorney’s costs and fees, including expert witness fees, to an excavator if either of the following apply: (1) The court or arbitrator determines that an excavator is not liable for damages to a subsurface installation for a reason described in subdivision (d). (2) The excavator makes an offer to settle the matter that is not accepted and the plaintiff fails to obtain a more favorable judgement or award.

But I have an emergency and I need to dig now!

California law requires that you call two (2) working days, not including the date of notification, before your planned excavation. However, if you are digging because of an EMERGENCY, you are not required by law to call. You should still consider calling in order to prevent damaging any other underground lines near your EMERGENCY dig site. An EMERGENCY situation does not relieve you of financial responsibilities for damaging underground facilities.

However keep in mind that under 4216 Definitions (f)(1) states...

"Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.
(2) "Unexpected occurrence" includes, but is not limited to, a fire, flood, earthquake or other soil or geologic movement, riot, accident, damage to a subsurface installation requiring immediate repair, or sabotage.

Digging without a DigAlert® ticket is just simply dangerous, not to mention illegal!


You can damage a basic telephone cable and disrupt service to a home or you may cut a fiber optic cable carrying millions of calls and expose your company to costly repairs. Plus there is the real possibility of an explosion from hitting a gas line or an electrocution from an electric line! Not only is expensive equipment ruined, but lives are put at risk.