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Senate Bill S5930

2017-2018 Legislative Session

Redefines excavation for the purposes of the protection of underground facilities

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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2017-S5930 (ACTIVE) - Details

Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §119-b, Pub Serv L

2017-S5930 (ACTIVE) - Summary

Redefines excavation for the purposes of the protection of underground facilities to exclude certain practices from the definition.

2017-S5930 (ACTIVE) - Sponsor Memo

2017-S5930 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5930
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                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:
 
   Section 1. Paragraph b of subdivision 1 of section 119-b of the public
 service  law,  as amended by chapter 445 of the laws of 1995, is amended
 to read as follows:
   b. "Excavation" means an operation for  the  purpose  of  movement  or
 removal  of earth, rock, PAVEMENT or other materials in or on the ground
 by use of mechanized equipment or by blasting, and includes, but is  not
 limited  to,  auguring, backfilling, boring, drilling, DIGGING, grading,
 plowing in, pulling in, FENCE POST OR PILE DRIVING, TREE  ROOT  REMOVAL,
 SAW CUTTING, JACK HAMMERING, trenching and tunneling; provided, however,
 that THE FOLLOWING SHALL NOT BE DEEMED EXCAVATION:
   (I) the movement of earth by tools manipulated only by human or animal
 power [and];
   (II)  the  tilling  of  soil  for  agricultural purposes [shall not be
 deemed excavation];
   (III) VACUUM EXCAVATION;
   (IV) SAW CUTTING AND JACK HAMMERING IN CONNECTION WITH PAVEMENT RESTO-
 RATION OF A PREVIOUS EXCAVATION WHERE ONLY THE PAVEMENT IS INVOLVED; AND
   (V) LOW IMPACT LANDSCAPING PRACTICES, INCLUDING LAWN AERATION,  EDGING
 PLANTING  BEDS  AND INJECTION FERTILIZATION AND AIR SPADING OF TREES AND
 SHRUBS.
   § 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

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