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A04459 Summary:

BILL NOA04459
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd §119-b, Pub Serv L; amd §760, Gen Bus L
 
Expands the definition of "excavation" for the purposes of the protection of underground facilities.
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A04459 Actions:

BILL NOA04459
 
02/16/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
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A04459 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4459
 
SPONSOR: Pretlow
  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 opera- tors 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 penal- ties 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: 2021-2022 A1696 referred to corporations, authorities and commissions 2019-2020 A3260 referred to corporations, authorities and commissions 2017/2018 A1016 referred to corporations, authorities and commissions 2015/2016 A2648 referred to corporations, authorities and commissions 2013-14 A3964 referred to corporations, authorities and commissions 2012/2011: A2321 held for consideration in corporation, authorities and commissions 2010/2009: A2466 reported referred to codes 2008/2007: A3082 referred to corporations, authorities and commissions 2006/2005: A7212 reported referred to codes   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 under- ground 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 result- ing 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 deliv- er service and should not be exempt from the responsibility of protect- ing 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. (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 facil- ities that they use to provide service.   BUDGET IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A04459 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4459
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2023
                                       ___________
 
        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.
                                                                   LBD09353-01-3

        A. 4459                             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.
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