•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S05930 Summary:

BILL NOS05930
 
SAME ASNo Same As
 
SPONSORFUNKE
 
COSPNSR
 
MLTSPNSR
 
Amd 119-b, Pub Serv L
 
Redefines excavation for the purposes of the protection of underground facilities to exclude certain practices from the definition.
Go to top    

S05930 Actions:

BILL NOS05930
 
05/08/2017REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/03/2018REFERRED TO ENERGY AND TELECOMMUNICATIONS
Go to top

S05930 Text:



 
                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  Telecommuni-
          cations
 
        AN  ACT  to  amend the public service law, in relation to defining exca-
          vation for the purposes of the protection of underground facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of subdivision 1 of section 119-b of the public
     2  service  law,  as amended by chapter 445 of the laws of 1995, is amended
     3  to read as follows:
     4    b. "Excavation" means an operation for  the  purpose  of  movement  or
     5  removal  of earth, rock, pavement or other materials in or on the ground
     6  by use of mechanized equipment or by blasting, and includes, but is  not
     7  limited  to,  auguring, backfilling, boring, drilling, digging, grading,
     8  plowing in, pulling in, fence post or pile driving, tree  root  removal,
     9  saw cutting, jack hammering, trenching and tunneling; provided, however,
    10  that the following shall not be deemed excavation:
    11    (i) the movement of earth by tools manipulated only by human or animal
    12  power [and];
    13    (ii)  the  tilling  of  soil  for  agricultural purposes [shall not be
    14  deemed excavation];
    15    (iii) vacuum excavation;
    16    (iv) saw cutting and jack hammering in connection with pavement resto-
    17  ration of a previous excavation where only the pavement is involved; and
    18    (v) low impact landscaping practices, including lawn aeration,  edging
    19  planting  beds  and injection fertilization and air spading of trees and
    20  shrubs.
    21    § 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
Go to top