What's happening
This bill expands and clarifies the definition of "excavation" and "underground facilities" in New York law, specifying included and exempted activities.
Why it matters
Clarifies what counts as "excavation". The bill broadens the definition to include any activity that moves or displaces soil or rock with any tools or equipment, not just mechanized equipment or blasting, making it clear that a wider range of activities are regulated.
Specifies included and excluded activities. Explicitly lists more activities (like digging, saw cutting, jack hammering, and tree/root removal) as excavation, while clearly exempting activities like tilling for agriculture or routine residential landscaping done with non-powered tools, reducing confusion and potential liability for homeowners and small-scale land users.
Updates "underground facilities" definition. Ensures that any underground infrastructure used to provide services or materials is covered, not just those that were previously installed, potentially holding more operators responsible for marking and protecting these facilities.
May impact construction, landscaping, and utility work. By tightening and clarifying these definitions, the law could affect requirements for notification, safety, and liability for a broader set of projects, reducing accidental damage to utilities but also increasing compliance obligations for contractors and property owners.
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Who cares
Headline styles
Broaden Excavation Definition Law
Plain English, a few words. Used as the page title.
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History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1016
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law and the general business law, in relation to excavation of underground facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs b and d of subdivision 1 of section 119-b of the public service law, as added by chapter 445 of the laws of 1995, are amended to read as follows:
b. "Excavation" means [an] any operation [for the purpose of movement or removal of] in which earth, rock or other materials in or on the ground [by use of mechanized equipment or by blasting, and includes] are moved, removed or otherwise displaced by means of any tools, equipment or explosive including, but [is] not limited to, auguring, backfilling, boring, drilling, grading, plowing in, pulling in, trenching [and], tunneling, digging, saw cutting, jack hammering, milling to a depth of greater than six inches, scraping, tree and root removal, cable or pipe plowing, and fence post or pile driving; provided, however, that the [movement of earth by tools manipulated only by human or animal power and the] tilling of soil for agricultural purposes or routine residential property or right-of-way maintenance or landscaping activities performed with non-powered equipment shall not be deemed excavation.
d. "Underground facilities" means pipelines, conduits, ducts, cables, wires, manholes, vaults or other such facilities or their attachments, which [have been installed] are underground and are utilized by an operator to provide services or materials. Such term shall not include oil and gas production and gathering pipeline systems used primarily to collect oil or gas production from wells.
§ 2. Subdivisions 2 and 4 of section 760 of the general business law, as amended by chapter 685 of the laws of 1994, are amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05616-01-7
A. 1016 2
2. "Excavation" means [an] any operation [for the purpose of movement or removal of] in which earth, rock or other materials in or on the ground [by use of mechanized equipment or by blasting, and includes] are moved, removed or otherwise displaced by means of any tools, equipment or explosive including, but [is] not limited to, auguring, backfilling, drilling, grading, plowing in, pulling in, trenching [and], tunneling, digging, saw cutting, jack hammering, milling to a depth of greater than six inches, scraping, tree and root removal, cable or pipe plowing, and fence post or pile driving; provided, however, that the [movement of earth by tools manipulated only by human or animal power and the] tilling of soil for agricultural purposes or routine residential property or right-of-way maintenance or landscaping activities performed with nonpowered equipment shall not be deemed excavation.
4. "Underground facilities" means pipelines, conduits, ducts, cables, wires, manholes, vaults or other such facilities or their attachments, which [have been installed] are underground and are utilized by an operator to provide services or materials. Such term shall not include oil and gas production and gathering pipeline systems used primarily to collect oil or gas production from wells.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.