Existing law prohibits a person, except a person responsible for an emergency excavation or demolition under certain circumstances, from beginning an excavation or demolition that is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, unless the person: (1) notifies the appropriate association for persons who own, operate or maintain a subsurface installation; and (2) cooperates with the operator in locating and identifying the subsurface installation. (NRS 455.110) Existing law defines “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. (NRS 455.090) Section 6.5 of this bill revises this definition by clarifying that an immediate action includes, without limitation: (1) the use of non-mechanical equipment and methods that are standard in the industry to determine the severity or spread of an underground leak; or (2) the locating of a subsurface installation by the operator of the subsurface installation using non-mechanical equipment within the area of a proposed excavation under certain circumstances. Existing law defines “excavation” 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. (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 contractor, if the movement or removal of such material occurs more than 12 inches below the surface of the original groundline. Sections 2 and 3 of this bill define the terms “contractor” and “non-mechanical equipment,” respectively. Sections 4-6, 8 and 10-12 of this bill make conforming changes indicating the placement of sections 2 and 3 within the Nevada Revised Statutes. Section 9 of this bill makes a conforming change by replacing the term “hand tools” with the defined term “non-mechanical equipment.”

Statutes affected:
As Introduced: 455.040, 455.050, 455.080, 455.092, 455.107, 455.137, 455.150, 455.170, 455.180
Reprint 1: 455.040, 455.050, 455.080, 455.090, 455.092, 455.107, 455.137, 455.150, 455.170, 455.180
As Enrolled: 455.040, 455.050, 455.080, 455.090, 455.092, 455.107, 455.137, 455.150, 455.170, 455.180
BDR: 455.040, 455.050, 455.080, 455.092, 455.107, 455.137, 455.150, 455.170, 455.180