SB 27 — Revises provisions relating to excavations in areas containing subsurface installations. (BDR 40-224)

(ReprintedSenate withBill amendmentsNo. adopted on April 18, 2023) FIRST REPRINT S.B.

2727–Committee Son ENATEHealth Band ILLNHuman O.Services CHAPTER..........

27–COMMITTEE ON H EALTH AND HUMAN SERVICES (ON B EHALF OF THE PUBLIC UTILITIES COMMISSION OF N EVADA ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to excavations in areas containing subsurface installations.

(BDR 40-224) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(1) notifies the appropriate association for persons who own, operate or maintain a identifying the subsurface installation;installation.

and(NRS (2)455.110) cooperatesExisting withlaw thedefinesnd operator in locating and “emergency” to mean a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services.

or (2) the locating of a subsurface installation byusing thenon-mechanical operatorequipment of the subsurface excavation under certain circumstances.ment within the area of a proposedproposedubsurface Existingexcavation lawunder definescertain “excavation”circumstances. to mean the movement or removal of earth, rock or other material in or on the ground which is accomplished using mechanical equipment or by the placement and discharge of explosives.

(NRSExisting 455.092)law -defines *SB27_R1*“excavation” – 2 – Section 7 of this bill expands the definition of excavation to includemean the movement or removal of earth, rock or other material in or on the ground usingwhich non-is contractor,accomplished ifusing themechanical movementequipment or removalby ofthe suchplacement materialand occursdischarge more than 12 inches below the surface of theexplosives. original groundline.

(NRS 455.092) Section 7 of this bill expands the definition of excavation to include the movement or removal of earth, rock or other material in or on the ground using non- mechanical equipment by:

(1) a contractor;

or (2) any person, other than a below the surface of the original groundline.

Section 9 of this bill makes a mechanicalconforming equipment.”eplacingchange by replacing the term “hand tools” with the defined term “non- THEmechanical PEOPLEequipment.” OFEXPLANATION THE– STATEMatter OFin NEVADA,bolded REPRESENTEDitalics INis SENATEnew; AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 82nd Session (2023) – 2 – Sec.

Sec.

4.

NRS 455.040 is hereby amended to read as follows:

The notice served pursuant to subsection 2 ofofws: NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.

NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.

- *SB27_R1* – 3 – Sec.

455.050455.010 1.to 455.180, inclusive, and sections 2 and 3 of this act must be filed in the name of the State of Nevada.

Suits commenced under the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act must be filed in the name of the State of Nevada.

“Emergency” means a sudden, unexpected occurrence that involves clear and imminent danger and requires - 82nd Session (2023) – 3 – immediate action to prevent or mitigate loss of life or damage to health, property or essential public services.

(a) The use of non-mechanical equipment and methods that are standard in the industry to determine the severity or spread of an underground leak;

The term includes augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching andandSec. tunneling.

-8.ingNRS *SB27_R1*455.107 –is 4hereby –amended Sec.to read as follows:

8.

NRS 455.107 is hereby amended to read as follows:

Except as otherwise provided in subsection 2, the person responsible for an excavation or demolition shall, before using any mechanical equipment, determine the exact location of a subsurface installation that is affected by the excavation or - 82nd Session (2023) – 4 – demolition by excavating with [hand tools] non-mechanical equipment or by any other method agreed upon by the person responsible for the excavation or demolition and the operator within the approximate location of the subsurface installation as designated by markings2.rkiA madeperson inmay accordanceuse withmechanical NRSequipment 455.133.for the removal of pavement if there are no subsurface installations contained in the pavement.

2.

A person may use mechanical equipment for the removal of pavement if there are no subsurface installations contained in the pavement.

An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

- *SB27_R1* – 5 – 2.