A 6879: Expands the definition of "excavation" for the purposes of the protection of underground facilities.

  
  STATE OF NEW YORK ________________________________________________________________________ 6879 2025-2026 Regular Sessions  IN ASSEMBLY March 18, 2025 ___________ 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. LBD10526-01-5 
 A. 6879 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.