New York S 10178: Relates to protection of underground facilities, mandatory standards for newly installed underground facilities, excavator training and certification, and damage reporting

Bill Text

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S10178 Summary:

BILL NOS10178 

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SAME ASSAME AS A11456

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SPONSORRYAN C

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COSPNSR

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MLTSPNSR

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Amd §§760 & 764, add §763-a, Gen Bus L; amd §119-b, Pub Serv L

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Establishes standards for newly installed underground facilities related to locatability and mapping; defines terms; requires the public service commission to establish implementation schedules for locatability and as-built location information.

Go to top S10178 Actions:

BILL NOS10178 

&nbsp

05/04/2026REFERRED TO CONSUMER PROTECTION

Go to topS10178 Committee&nbspVotes:

Go to topS10178 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10178 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10178

 IN SENATE

 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:

 1 Section 1. Subdivisions 2, 4 and 5 of section 760 of the general busi-
 2 ness law, as amended by chapter 685 of the laws of 1994, are amended and
 3 four new subdivisions 10, 11, 12 and 13 are added to read as follows:
 4 2. "Excavation" means an operation for the purpose of movement or
 5 removal of earth, rock or other materials in or on the ground or in,
 6 under, or adjacent to the bed of a waterbody in the course of submerged
 7 excavation by use of mechanized equipment or by blasting, and includes,
 8 but is not limited to, anchoring, auguring, backfilling, dredging,
 9 drilling, grading, pile driving, plowing in, pulling in, trenching and
 10 tunneling; provided, however, that the movement of earth by tools manip-
 11 ulated only by human or animal power and the tilling of soil for agri-
 12 cultural purposes shall not be deemed excavation.
 13 4. "Underground facilities" means pipelines, conduits, ducts, cables,
 14 wires, manholes, vaults or other such facilities or their attachments,
 15 which have been installed underground, including in the bed of a water-
 16 body, or submersed by an operator to provide services or materials. Such
 17 term shall not include oil and gas production and gathering pipeline
 18 systems used primarily to collect oil or gas production from wells.
 19 5. "Excavator" means a person who is engaged in a trade or business
 20 which includes the carrying out of excavation or demolition[; provided,
 21 however, that an individual employed by an excavator, and having no
 22 supervisory authority, other than the routine direction of employees,
 23 over an excavation or demolition, shall not be deemed an excavator for
 24 the purposes of this article]. In construing and enforcing the
 25 provisions of this article, the act of any employee or agent of any
 26 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

 1 or her] their official duties or employment, or on behalf of an excava-
 2 tor, shall be deemed to be the act of such excavator.
 3 10. "Covered excavation worker" means any individual who, for compen-
 4 sation, performs excavation or demolition work, including by operating
 5 powered equipment, directing excavation activities, or performing exca-
 6 vation on behalf of an excavator.
 7 11. "Locatable" means capable of being detected, traced, or otherwise
 8 located in the field using generally accepted locating equipment and
 9 practices, as determined by standards established pursuant to section
 10 seven hundred sixty-three-a of this article and regulations adopted by
 11 the public service commission.
 12 12. "As-built location information" means records or data describing
 13 the location of newly installed underground facilities, in a format and
 14 with minimum data elements as determined by the public service commis-
 15 sion by regulation.
 16