S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1016
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 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.
   § 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.
              

                                                            LBD05616-01-7

 A. 1016                             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.
   § 3. This act shall take effect immediately.