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S5930Senate2017-2018 Session

Update Excavation Definition Law

Official title

“Redefines excavation for the purposes of the protection of underground facilities”

Sponsor Rich FunkeSD-55Affects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

What's happening

This bill updates the definition of "excavation" for underground facility protection, specifying new exclusions such as vacuum excavation and certain landscaping practices.

Why it matters

  1. Clarifies what activities are NOT considered "excavation" under state law. , which could reduce regulatory burdens and paperwork for landscapers, farmers, and utility workers using certain methods like vacuum excavation or hand tools.

  2. May lower costs and delays for landscaping and pavement restoration projects. , since routine practices such as lawn aeration, planting bed edging, or restoring pavement after a previous dig would no longer trigger underground utility notification requirements.

  3. Could improve efficiency for public works and private contractors. by more precisely defining excavation, allowing them to focus resources on genuinely risky digging activities that threaten underground infrastructure, while streamlining minor or low-impact work.

  4. Potentially impacts safety and utility protection protocols. , since some practices newly excluded from the "excavation" definition (like vacuum excavation or certain landscaping) might still risk disturbing underground facilities if not conducted carefully.

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Who cares

Headline styles

Update Excavation Definition Law

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

No co-sponsors yet.

History

  1. Referred to energy and telecommunications
  2. Referred to energy and telecommunications

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5930

2017-2018 Regular Sessions

IN SENATE

May 8, 2017

Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications

AN ACT to amend the public service law, in relation to defining excavation for the purposes of the protection of underground facilities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph b of subdivision 1 of section 119-b of the public service law, as amended by chapter 445 of the laws of 1995, is amended to read as follows:

b. "Excavation" means an operation for the purpose of movement or removal of earth, rock, pavement or other materials in or on the ground by use of mechanized equipment or by blasting, and includes, but is not limited to, auguring, backfilling, boring, drilling, digging, grading, plowing in, pulling in, fence post or pile driving, tree root removal, saw cutting, jack hammering, trenching and tunneling; provided, however, that the following shall not be deemed excavation:

(i) the movement of earth by tools manipulated only by human or animal power [and];

(ii) the tilling of soil for agricultural purposes [shall not be deemed excavation];

(iii) vacuum excavation;

(iv) saw cutting and jack hammering in connection with pavement restoration of a previous excavation where only the pavement is involved; and

(v) low impact landscaping practices, including lawn aeration, edging planting beds and injection fertilization and air spading of trees and shrubs.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11363-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public service law, in relation to defining excavation for the purposes of the protection of underground facilities

Purpose

This bill would allow pavement restoration and basic landscaping practices such as lawn aeration, edging planting beds and injection fertilization and air spading of trees and scrubs to take place without being deemed excavation.

Summary of provisions

Section 1: Adds the removal of pavement to the definition of excavation as well as digging, fence post of pile driving, tree root removal, saw cutting, and jack hammering.

Vacuum excavation, saw cutting and jack hammering in connection with pavement restoration, and low impact landscaping practices are added to the list of activities exempted from the definition of excavation.

Justification

This section of law is meant to encompass major excavation projects that could jeopardize the integrity of underground infrastructure. However, excavation projects such as landscaping and related activities do not rise to the level of such regulation being necessary given the limited depth these projects take place in. This legislation would remove unnecessary regulatory red tape by allowing such landscaping or paving activity to take place without the onerous permissions that would be necessary if deeper digging were taking place.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.