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S.B. 214
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*SB214*
SENATE BILL NO. 214–SENATOR HANSEN
FEBRUARY 18, 2025
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Referred to Committee on Health and Human Services
SUMMARY—Revises
provisions
relating
to
excavations.
(BDR 40-749)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to excavations; revising the definition of
“excavation” for the purposes of certain provisions
governing excavations conducted in areas known or
reasonably known to contain subsurface installations; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various requirements for an excavation conducted in
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an area known or that reasonably should be known to contain a subsurface
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installation, including prohibiting, with certain exceptions, a person from beginning
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the excavation, unless the person notifies the appropriate association for operators
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within a certain period of time. (NRS 455.110)
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Under existing law, “excavation” is defined to include the movement or
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removal of earth, rock or other material in or on the ground by use of non-
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mechanical equipment by any person, other than a contractor, if at any point the
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movement or removal of such material occurs more than 12 inches below the
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surface of the original groundline. (NRS 455.092) This bill revises this definition to
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include the movement or removal of such material that occurs more than 18 inches
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below the surface of the original groundline. As a result of this change to the
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definition of “excavation,” the provisions of existing law governing an excavation
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conducted in an area known or reasonably known to contain a subsurface
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installation, including the requirement to notify the appropriate association for
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operators do not apply to the movement or removal of earth, rock or other material
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that occurs 18 inches or less below the surface of the original groundline.
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*SB214*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 455.092 is hereby amended to read as follows:
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455.092 1. “Excavation” means the movement or removal of
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earth, rock or other material in or on the ground by:
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(a) Use of mechanical equipment;
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(b) Use of non-mechanical equipment by:
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(1) A contractor; or
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(2) Any person, other than a contractor, if at any point the
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movement or removal of such material occurs more than [12] 18
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inches below the surface of the original groundline; or
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(c) The placement and discharge of explosives.
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2. The term includes augering, backfilling, boring, digging,
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ditching, drilling, grading, plowing-in, ripping, scraping, trenching
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and tunneling.
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Sec. 2. This act becomes effective on July 1, 2025.
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