NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2648
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 require-
ments 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:
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 defi-
nition 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:
Immediately upon enactment.
STATE OF NEW YORK
________________________________________________________________________
2648
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
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.
LBD05374-01-5
A. 2648 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.
