S T A T E O F N E W Y O R K
________________________________________________________________________
10178
I N S E N A T E
May 4, 2026
___________
Introduced by Sen. C. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law and the public service law, in
relation to protection of underground facilities, mandatory standards
for newly installed underground facilities, excavator training and
certification, and damage reporting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 4 and 5 of section 760 of the general busi-
ness law, as amended by chapter 685 of the laws of 1994, are amended and
four new subdivisions 10, 11, 12 and 13 are added to read as follows:
2. "Excavation" means an operation for the purpose of movement or
removal of earth, rock or other materials in or on the ground OR IN,
UNDER, OR ADJACENT TO THE BED OF A WATERBODY IN THE COURSE OF SUBMERGED
EXCAVATION by use of mechanized equipment or by blasting, and includes,
but is not limited to, ANCHORING, auguring, backfilling, DREDGING,
drilling, grading, PILE DRIVING, plowing in, pulling in, trenching and
tunneling; provided, however, that the movement of earth by tools manip-
ulated only by human or animal power and the tilling of soil for agri-
cultural purposes 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 underground, INCLUDING IN THE BED OF A WATER-
BODY, OR SUBMERSED by an operator 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.
5. "Excavator" means a person who is engaged in a trade or business
which includes the carrying out of excavation or demolition[; provided,
however, that an individual employed by an excavator, and having no
supervisory authority, other than the routine direction of employees,
over an excavation or demolition, shall not be deemed an excavator for
the purposes of this article]. In construing and enforcing the
provisions of this article, the act of any employee or agent of any
excavator OR COVERED EXCAVATION WORKER acting within the scope of [his
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15707-01-6
S. 10178 2
or her] THEIR official duties or employment, OR ON BEHALF OF AN EXCAVA-
TOR, shall be deemed to be the act of such excavator.
10. "COVERED EXCAVATION WORKER" MEANS ANY INDIVIDUAL WHO, FOR COMPEN-
SATION, PERFORMS EXCAVATION OR DEMOLITION WORK, INCLUDING BY OPERATING
POWERED EQUIPMENT, DIRECTING EXCAVATION ACTIVITIES, OR PERFORMING EXCA-
VATION ON BEHALF OF AN EXCAVATOR.
11. "LOCATABLE" MEANS CAPABLE OF BEING DETECTED, TRACED, OR OTHERWISE
LOCATED IN THE FIELD USING GENERALLY ACCEPTED LOCATING EQUIPMENT AND
PRACTICES, AS DETERMINED BY STANDARDS ESTABLISHED PURSUANT TO SECTION
SEVEN HUNDRED SIXTY-THREE-A OF THIS ARTICLE AND REGULATIONS ADOPTED BY
THE PUBLIC SERVICE COMMISSION.
12. "AS-BUILT LOCATION INFORMATION" MEANS RECORDS OR DATA DESCRIBING
THE LOCATION OF NEWLY INSTALLED UNDERGROUND FACILITIES, IN A FORMAT AND
WITH MINIMUM DATA ELEMENTS AS DETERMINED BY THE PUBLIC SERVICE COMMIS-
SION BY REGULATION.
13. "SUBMERGED EXCAVATION" MEANS EXCAVATION OR DEMOLITION ACTIVITIES
OCCURRING IN, UNDER, OR ADJACENT TO THE BED OF A WATERBODY, INCLUDING
DREDGING, ANCHORING, PILE DRIVING, AND RELATED ACTIVITIES, WHERE UNDER-
GROUND FACILITIES MAY BE PRESENT.
§ 2. The general business law is amended by adding a new section 763-a
to read as follows:
§ 763-A. STANDARDS FOR NEWLY INSTALLED UNDERGROUND FACILITIES; LOCATA-
BILITY AND MAPPING. 1. FOR ANY UNDERGROUND FACILITY INSTALLED ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH OPERATOR SHALL:
(A) INSTALL SUCH FACILITY IN A MANNER THAT IS LOCATABLE;
(B) CREATE AND RETAIN AS-BUILT LOCATION INFORMATION FOR SUCH FACILITY;
AND
(C) USE AS-BUILT LOCATION DATA IN EXECUTING ITS DUTIES PURSUANT TO
SECTION SEVEN HUNDRED SIXTY-THREE OF THIS ARTICLE.
2. THE PUBLIC SERVICE COMMISSION SHALL, BY REGULATION, ESTABLISH MINI-
MUM STANDARDS AND IMPLEMENTATION SCHEDULES FOR LOCATABILITY AND AS-BUILT
LOCATION INFORMATION UNDER THIS SECTION, WHICH MAY INCLUDE REQUIREMENTS
APPLICABLE TO LATERALS, SERVICE DROPS, SERVICE LINES, SEWER LINES, AND
APPURTENANCES, AND WHICH MAY PROVIDE FOR REASONABLE PHASE-IN PERIODS AND
WAIVERS FOR DEMONSTRATED GOOD CAUSE.
§ 3. Subdivision 5 of section 764 of the general business law, as
amended by chapter 505 of the laws of 2019, is amended to read as
follows:
5. [In the event of contact with and/or damage to an underground
facility] WHENEVER ANY EXCAVATOR OR COVERED EXCAVATION WORKER ACTING ON
BEHALF OF AN EXCAVATOR CAUSES OR DISCOVERS DAMAGE TO AN UNDERGROUND
FACILITY, the excavator shall immediately notify the operator of the
facility and [no] THE ONE-CALL NOTIFICATION SYSTEM SERVING THE AREA IN
WHICH THE DAMAGE OCCURRED. NO backfilling shall be done by the excavator
until inspection and/or repairs have been made by the operator and no
repairs shall be undertaken by the excavator until authorized by the
operator. In the event of an electrical short or the escape of gas or
hazardous fluids endangering life, the excavator shall immediately noti-
fy the operator of the electric, gas or hazardous liquid underground
facility and 911, and all persons who might be endangered and assist in
the evacuation of such persons.
§ 4. Paragraphs b, d and e of subdivision 1 of section 119-b of the
public service law, as amended by chapter 445 of the laws of 1995, are
amended and four new paragraphs i, j, k and l are added to read as
follows:
S. 10178 3
b. "Excavation" means an operation for the purpose of movement or
removal of earth, rock or other materials in or on the ground OR IN,
UNDER, OR ADJACENT TO THE BED OF A WATERBODY IN THE COURSE OF SUBMERGED
EXCAVATION by use of mechanized equipment or by blasting, and includes,
but is not limited to, ANCHORING, auguring, backfilling, DREDGING,
boring, drilling, grading, PILE DRIVING, plowing in, pulling in, trench-
ing and tunneling; provided, however, that the movement of earth by
tools manipulated only by human or animal power and the tilling of soil
for agricultural purposes 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 underground, INCLUDING IN THE BED OF A WATER-
BODY, OR SUBMERSED by an operator 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.
e. "Excavator" means a person who is engaged in a trade or business
which includes the carrying out of excavation or demolition[; provided,
however, that an individual employed by an excavator, and having no
supervisory authority, other than the routine direction of employees,
over an excavation or demolition, shall not himself or herself be deemed
an excavator for the purposes of this article]. In construing and
enforcing the provisions of this article, the act of any employee or
agent of any excavator, OR COVERED EXCAVATION WORKER acting within the
scope of [his or her] THEIR official duties or employment, OR ON BEHALF
OF AN EXCAVATOR, shall be deemed to be the act of such excavator.
I. "COVERED EXCAVATION WORKER" MEANS ANY INDIVIDUAL WHO, FOR COMPEN-
SATION, PERFORMS EXCAVATION OR DEMOLITION WORK, INCLUDING BY OPERATING
POWERED EQUIPMENT, DIRECTING EXCAVATION ACTIVITIES, OR PERFORMING EXCA-
VATION ON BEHALF OF AN EXCAVATOR.
J. "LOCATABLE" MEANS CAPABLE OF BEING DETECTED, TRACED, OR OTHERWISE
LOCATED IN THE FIELD USING GENERALLY ACCEPTED LOCATING EQUIPMENT AND
PRACTICES, AS DETERMINED BY STANDARDS ESTABLISHED PURSUANT TO SECTION
SEVEN HUNDRED SIXTY-THREE-A OF THE GENERAL BUSINESS LAW AND REGULATIONS
ADOPTED BY THE PUBLIC SERVICE COMMISSION.
K. "AS-BUILT LOCATION INFORMATION" MEANS RECORDS OR DATA DESCRIBING
THE LOCATION OF NEWLY INSTALLED UNDERGROUND FACILITIES, IN A FORMAT AND
WITH MINIMUM DATA ELEMENTS AS DETERMINED BY THE PUBLIC SERVICE COMMIS-
SION BY REGULATION.
L. "SUBMERGED EXCAVATION" MEANS EXCAVATION OR DEMOLITION ACTIVITIES
OCCURRING IN, UNDER, OR ADJACENT TO THE BED OF A WATERBODY, INCLUDING
DREDGING, ANCHORING, PILE DRIVING, AND RELATED ACTIVITIES, WHERE UNDER-
GROUND FACILITIES MAY BE PRESENT.
§ 5. Section 119-b of the public service law is amended by adding a
new subdivision 2-a to read as follows:
2-A. THE COMMISSION SHALL ADOPT RULES AND REGULATIONS TO IMPLEMENT
SECTION SEVEN HUNDRED SIXTY-THREE-A AND SUBDIVISION FIVE OF SECTION
SEVEN HUNDRED SIXTY-FOUR OF THE GENERAL BUSINESS LAW, INCLUDING BUT NOT
LIMITED TO: (A) MINIMUM STANDARDS FOR LOCATABILITY AND AS-BUILT LOCATION
INFORMATION FOR NEWLY INSTALLED UNDERGROUND FACILITIES; (B) TRAINING,
EXAMINATION, CERTIFICATION, AND RENEWAL REQUIREMENTS FOR EXCAVATORS AND
COVERED EXCAVATION WORKERS; AND (C) UNIFORM DAMAGE REPORTING REQUIRE-
MENTS APPLICABLE TO EXCAVATORS AND OPERATORS, INCLUDING THE CONTENT,
METHOD, AND TIMELINESS OF REPORTING TO ONE-CALL NOTIFICATION SYSTEMS.
FURTHER, THE COMMISSION SHALL ADOPT REQUIREMENTS GOVERNING NOTICE,
DESIGNATION AND MARKING, AND RELATED PROCEDURES FOR SUBMERGED EXCA-
VATION.
S. 10178 4
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that section two of this
act shall apply to underground facilities installed on or after such
effective date. Effective immediately, the public service commission is
authorized to promulgate, amend and/or repeal any rule or regulation
necessary for the implementation of this act on or before such effective
date.
