STATE OF NEW YORK
________________________________________________________________________
1696
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee 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 Assem-
bly, do enact as follows:
1 Section 1. Paragraphs b and d of subdivision 1 of section 119-b of the
2 public service law, as added by chapter 445 of the laws of 1995, are
3 amended to read as follows:
4 b. "Excavation" means [an] any operation [for the purpose of movement
5 or removal of] in which earth, rock or other materials in or on the
6 ground [by use of mechanized equipment or by blasting, and includes] are
7 moved, removed or otherwise displaced by means of any tools, equipment
8 or explosive including, but [is] not limited to, auguring, backfilling,
9 boring, drilling, grading, plowing in, pulling in, trenching [and],
10 tunneling, digging, saw cutting, jack hammering, milling to a depth of
11 greater than six inches, scraping, tree and root removal, cable or pipe
12 plowing, and fence post or pile driving; provided, however, that the
13 [movement of earth by tools manipulated only by human or animal power
14 and the] tilling of soil for agricultural purposes or routine residen-
15 tial property or right-of-way maintenance or landscaping activities
16 performed with non-powered equipment shall not be deemed excavation.
17 d. "Underground facilities" means pipelines, conduits, ducts, cables,
18 wires, manholes, vaults or other such facilities or their attachments,
19 which [have been installed] are underground and are utilized by an oper-
20 ator to provide services or materials. Such term shall not include oil
21 and gas production and gathering pipeline systems used primarily to
22 collect oil or gas production from wells.
23 § 2. Subdivisions 2 and 4 of section 760 of the general business law,
24 as amended by chapter 685 of the laws of 1994, are amended to read as
25 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00146-01-1
A. 1696 2
1 2. "Excavation" means [an] any operation [for the purpose of movement
2 or removal of] in which earth, rock or other materials in or on the
3 ground [by use of mechanized equipment or by blasting, and includes] are
4 moved, removed or otherwise displaced by means of any tools, equipment
5 or explosive including, but [is] not limited to, auguring, backfilling,
6 drilling, grading, plowing in, pulling in, trenching [and], tunneling,
7 digging, saw cutting, jack hammering, milling to a depth of greater than
8 six inches, scraping, tree and root removal, cable or pipe plowing, and
9 fence post or pile driving; provided, however, that the [movement of
10 earth by tools manipulated only by human or animal power and the] till-
11 ing of soil for agricultural purposes or routine residential property or
12 right-of-way maintenance or landscaping activities performed with non-
13 powered equipment shall not be deemed excavation.
14 4. "Underground facilities" means pipelines, conduits, ducts, cables,
15 wires, manholes, vaults or other such facilities or their attachments,
16 which [have been installed] are underground and are utilized by an oper-
17 ator to provide services or materials. Such term shall not include oil
18 and gas production and gathering pipeline systems used primarily to
19 collect oil or gas production from wells.
20 § 3. This act shall take effect immediately.