(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. (

b) An action may be brought by the Attorney General, the district attorney, or the local or state agency that issued the permit to excavate, for the enforcement of the civil penalty pursuant to this

section in a civil action brought in the name of the people of the State of California. If penalties are collected as a result of a civil suit brought by a state or local agency for collection of those civil penalties, the penalties imposed shall be paid to the general fund of the agency. If more than one agency is involved in enforcement, the penalties imposed shall be apportioned among them by the court in a manner that will fairly offset the relative costs incurred by the state or local agencies, or both, in collecting these fees. (

c) This

article may also be enforced by the following agencies, either following a recommendation of the Dig Safe Board that the agency shall act to accept, amend, or reject, or through the agency’s own investigations, as follows:

(1) The Registrar of Contractors of the Contractors State License Board shall enforce this

article on contractors, as defined in

Article 2 (commencing with

Section 7025) of

Chapter of Division of the Business and Professions Code, and telephone corporations, as defined in

Section of the Public Utilities Code, when acting as a contractor, as defined in

Article 2 (commencing with

Section 7025) of

Chapter of Division of the Business and Professions Code. Nothing in this

section affects the Public Utilities Commission’s existing authority over a public utility.

(2) The Public Utilities Commission shall enforce this

article on gas corporations, as defined in

Section of the Public Utilities Code, and electrical corporations, as defined in

Section of the Public Utilities Code, and water corporations, as defined in

Section of the Public Utilities Code.

(3) The Office of the State Fire Marshal shall enforce this

article on operators of hazardous liquid pipeline facilities, as defined in

Section of

Chapter of Subtitle VIII of Title of the United States Code. (

d) A local governing board may enforce this

article on local agencies under the governing board’s jurisdiction. (

e) Commencing July 1, 2020, the Dig Safe Board shall enforce this

article on persons other than those listed in subdivisions (

c) and (d). The board shall not initiate an enforcement action pursuant to this subdivision for a violation that occurred prior to July 1, 2020. As the enforcing body for persons other than those listed in subdivisions (

c) and (d), the board may collect any monetary penalties imposed upon those persons. (

f) Moneys collected as a result of penalties imposed pursuant to subdivisions (

c) and (

e) shall be deposited into the Safe Energy Infrastructure and Excavation Fund.