S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2466

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

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:

  Section 1. Paragraphs b and d of subdivision 1 of section 119-b of the
public service law, as added by chapter 445 of the  laws  of  1995,  are
amended to read as follows:
  b.  "Excavation" means [an] ANY operation [for the purpose of movement
or removal of] IN WHICH earth, rock or other  materials  in  or  on  the
ground [by use of mechanized equipment or by blasting, and includes] ARE
MOVED,  REMOVED  OR OTHERWISE DISPLACED BY MEANS OF ANY TOOLS, EQUIPMENT
OR EXPLOSIVE INCLUDING, but [is] not limited to, auguring,  backfilling,
boring,  drilling,  grading,  plowing  in,  pulling in, trenching [and],
tunneling, DIGGING, SAW CUTTING, JACK HAMMERING, MILLING TO A  DEPTH  OF
GREATER  THAN SIX INCHES, SCRAPING, TREE AND ROOT REMOVAL, CABLE OR PIPE
PLOWING, AND FENCE POST OR PILE DRIVING;  provided,  however,  that  the
[movement  of  earth  by tools manipulated only by human or animal power
and the] tilling of soil for agricultural purposes OR  ROUTINE  RESIDEN-
TIAL  PROPERTY  OR  RIGHT-OF-WAY  MAINTENANCE  OR LANDSCAPING ACTIVITIES
PERFORMED WITH NON-POWERED EQUIPMENT shall not be deemed excavation.
  d. "Underground facilities" means pipelines, conduits, ducts,  cables,
wires,  manholes,  vaults or other such facilities or their attachments,
which [have been installed] ARE underground AND ARE UTILIZED by an oper-
ator to provide services or materials. Such term shall not  include  oil
and  gas  production  and  gathering  pipeline systems used primarily to
collect oil or gas production from wells.
  S 2. Subdivisions 2 and 4 of section 760 of the general business  law,
as  amended  by  chapter 685 of the laws of 1994, are amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00932-01-9
              

A. 2466                             2

  2. "Excavation" means [an] ANY operation [for the purpose of  movement
or  removal  of]  IN  WHICH  earth, rock or other materials in or on the
ground [by use of mechanized equipment or by blasting, and includes] ARE
MOVED, REMOVED OR OTHERWISE DISPLACED BY MEANS OF ANY  TOOLS,  EQUIPMENT
OR  EXPLOSIVE INCLUDING, but [is] not limited to, auguring, backfilling,
drilling, grading, plowing in, pulling in, trenching  [and],  tunneling,
DIGGING, SAW CUTTING, JACK HAMMERING, MILLING TO A DEPTH OF GREATER THAN
SIX  INCHES, SCRAPING, TREE AND ROOT REMOVAL, CABLE OR PIPE PLOWING, AND
FENCE POST OR PILE DRIVING; provided, however,  that  the  [movement  of
earth  by tools manipulated only by human or animal power and the] till-
ing of soil for agricultural purposes OR ROUTINE RESIDENTIAL PROPERTY OR
RIGHT-OF-WAY  MAINTENANCE  OR  LANDSCAPING  ACTIVITIES  PERFORMED   WITH
NON-POWERED EQUIPMENT shall not be deemed excavation.
  4.  "Underground facilities" means pipelines, conduits, ducts, cables,
wires, manholes, vaults or other such facilities or  their  attachments,
which [have been installed] ARE underground AND ARE UTILIZED by an oper-
ator  to  provide services or materials. Such term shall not include oil
and gas production and gathering  pipeline  systems  used  primarily  to
collect oil or gas production from wells.
  S 3. This act shall take effect immediately.