A02466 Summary:

BILL NO    A02466 

SAME AS    No same as

SPONSOR    Pretlow

COSPNSR    

MLTSPNSR   

Amd S119-b, Pub Serv L; amd S760, Gen Bus L

Expands the definition of "excavation" for the purposes of the protection of
underground facilities.

A02466 Actions:

BILL NO    A02466 

01/16/2009 referred to corporations, authorities and commissions
01/06/2010 referred to corporations, authorities and commissions

A02466 Votes:

A02466 Memo:

 BILL NUMBER:  A2466

 TITLE OF BILL :  An act to amend the public service law and the
general business law, in relation to excavation of underground
facilities

 PURPOSE OF THE BILL : To expand the protections provided to
consumers, excavators and operators of underground facilities through
the one-call notification system.

 SUMMARY OF PROVISIONS : Section one of the bill would amend Public
Service Law (PSL) 119-b (1) (b) to amend the definition of
"excavation" to require excavators to request mark outs for
excavations using hand tools. Tilling of soil for agricultural
purposes and routine residential property or right-of-way maintenance
or landscaping activities would be exempt from these requirements. The
proposal would continue to apply one-call requirements only to
excavators and contractors as defined in PSL 119-b(1) (e) and (f).

The bill would also amend PSL 119-b (1) (d) to define an "underground
facility" as one that is utilized by an operator to provide services
or materials. Section two of the bill would conform the definitions of
"excavation" and "underground facility" in General Business Law (GBL)
760(2) and (4) to conform to the provisions set forth in PSL 119-b (1)
(b) and (d).

 EXISTING LAW : PSL 119-b provides for the protection of underground
facilities from damage during excavation. Section 119- b (1) (b)
defines "excavation" in terms of use of mechanized equipment or
blasting. Specifically excluded is digging with hand tools. Section
119-b(1) ( d) defines "underground facilities" as facilities installed
by an operator to provide services or materials.

GBL Article 36 sets forth the requirements for protection of
underground facilities. the use of the one-call notification system,
and the penalties for violations of such provisions, which are
recommended by the Public Service Commission (GBL 765. PSL 119-b) and
enforced by the Attorney General who is authorized to recover
penalties in an action brought in Supreme Court (GBL 765(1) (c). The
definitions in GBL Article 36 mirror those of PSL 119-b.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal

 STATEMENT IN SUPPORT :

Activities defined as "excavation" require prior notice to one of the
two One-Call Centers operating in New York State.

1. Upon receipt of notice of an intent to excavate, owners of
underground facilities are required to mark out their facilities to
avoid interruptions of service and damage to facilities from the
excavation.  Use of hand tools for excavation is presently exempted
from these requirements. Recent events have shown that the use of hand
tools for excavation may result in danger to the public. A contractor
in Stony Point manually dug fence post holes and damaged a gas main.
The resulting leak migrated through a sewer system into a building
housing a daycare facility. Fortunately, the building was evacuated
before an explosion occurred. The bill would require an excavator
using hand tools to contact the One-Call Center for a mark out of
facilities. The bill would exempt most routine maintenance which is
less likely to result in excavation that is deep enough to come in
contact with underground facilities.


Additionally, the bill, would amend the law to clarify that the
definition of "excavation" applies to milling.

2. Activities that are greater than six inches in depth. This proposal
would establish a definite standard, and would avoid unnecessary calls
to the One-Call Centers. The bill would also require operators to mark
the location of all facilities they use to provide service, even if
not installed by such operators. In many cases, such as the
construction of a residential subdivision or commercial properties, a
contractor installs underground facilities, such as electric service
lines.

3. From the meter to a demarcation point such as the property line.
PSL 119-b (1) (d) and GBL 760 (4) currently require operators to mark
out only the facilities that they installed. Thus, owners of such
properties are required to mark the locations of their utility
facilities. However, utilities are best suited to perform this
function. Utilities possess equipment to detect and identify the
underground location of electric lines. When marking their own lines,
utilities often begin at equipment they own, such as the transformer
which is generally located at or near the property line.  Further
utilities use owner-installed lines to deliver service and should not
be exempt from the responsibility of protecting such facilities.
Requiring utilities to mark all facilities they operate, regardless of
whether they installed them, would be in accord with the purpose of
the one-call requirements and would further protect the safety of
excavators and the public as well as the integrity of underground
facilities.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE. DATE : Immediately upon enactment.

{1} The New York City One-Call Center for excavation in New York City
and Long Island, and Dig Safely New York for excavation in the
remaining counties of the State.

{2} Milling is the grinding and resurfacing of pavement. Underground
facilities are located below pavement.

{3} Natural gas corporations voluntarily mark out privately owned
facilities that they use to provide service.