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A3260Assembly2019-2020 Session

Broaden Excavation Rules

Official title

“Relates to excavation of underground facilities; expands the definition of "excavation" for the purposes of the protection of underground facilities”

Sponsor J. Gary PretlowAD-89Affects Economy
Status
In Assembly Committee
Corporations, Authorities And Commissions
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Corporations, Authorities And Commissions

What's happening

This bill updates and expands the definitions of "excavation" and "underground facilities" for laws regulating underground facility work in New York.

Why it matters

  1. Broader activities now count as “excavation,”. including not just heavy equipment and blasting but also digging, saw cutting, jack hammering, and even activities like tree/root removal, cable or pipe plowing, and fence post or pile driving—potentially affecting a wider range of contractors, workers, and property owners.

  2. Routine residential and landscaping work with non-powered tools is exempted,. meaning everyday gardening or property upkeep done by hand (non-powered equipment) isn’t subject to the same regulations, but powered tools may now trigger compliance requirements.

  3. Redefined “underground facilities” to encompass any underground infrastructure used by an operator,. which could increase the number and types of facilities subject to protection and “call before you dig” rules, potentially enhancing safety but also expanding regulatory obligations.

  4. Could lead to increased notification and marking requirements before starting work,. aiming to prevent accidental damage to underground utilities but possibly adding new steps or costs for a broader set of projects and workers.

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Who cares

  • Excavation and construction contractors

    The bill would expand covered excavation to work using any tools, equipment or explosives, expressly including digging, saw cutting, jack hammering and milling deeper than six inches.

  • Landscapers and tree removal contractors

    Tree and root removal would be expressly covered, while routine residential property or right-of-way maintenance or landscaping performed with non-powered equipment would be exempt.

  • Underground utility operators

    The bill would define covered underground facilities as those that are underground and used by an operator to provide services or materials.

  • Farmers

    Tilling soil for agricultural purposes would remain excluded from the definition of excavation.

Headline styles

Broaden Excavation Rules

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

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to corporations, authorities and commissions
  2. Referred to corporations, authorities and commissions

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3260

2019-2020 Regular Sessions

IN ASSEMBLY

January 29, 2019

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.

LBD04651-01-9

A. 3260 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.