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HB 1029 · 2026 · House · Science, Technology and Energy Committee

Redefining excavation for utility damage rules

AI-generated

relative to the definition of excavation under underground utility damage prevention laws.

Revises the definition of excavation under underground utility damage prevention law to exclude hand planting of small plants and shallow hand-dug irrigation repairs.AI-generated

Status

Killed in the House — Inexpedient to Legislate · February 5, 2026
  1. ✓Introduced
  2. ✕House
  3. Senate
  4. Governor
  5. Law

Analysis

This bill changes the definition of "excavate" to clarify that hand planting of flowers, small shrubs and bushes not exceeding 3-gallon pots, and shallow irrigation repairs dug by hand, are not considered excavation for purposes of underground utility damage prevention laws.

From the bill's official ANALYSIS section.

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Brian LabrieRPrimeClerk· Labor, Industrial and Rehabilitative Services
  • Rep. Bill BoydRClerk· Public Works and Highways
  • Rep. Mike DragoRMajority Whip
  • Rep. Ted GorskiRVice Chair· Transportation
  • Rep. Jeanine NotterRAssistant Majority Leader
  • Rep. Katy PeternelRVice Chair· Education Policy and Administration
  • Sen. Daniel InnisRChair, Majority Policy Conference

Also: Rep. Pierre DupontR, Rep. Samuel FarringtonR, Rep. John SchnellerR

Public testimony

9 signed in online · 2 wrote testimony

22% support78% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“I respectfully submit this testimony in opposition to HB 1029-FN. HB 1029 proposes to narrow the statutory definition of “excavation” by exempting certain hand planting and shallow irrigation repair activities.…”
— Brandon Jones, Northwood · Myselopposes
“When people rush to do things mistake, mistakes happen. In the world of electricity and underground utilities those mistakes could cost lives. I would hate to see somebody lose their life because of a rushed need forced upon the locators.”
— Fred Fairneny, Hopkintonopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Jan 20, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate14–0
    Overall
    100% yea
  • Feb 5, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Jan 20, 2026Public hearingHouse Science, Technology and Energy1:56:06–2:00:023m 56slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Public Hearing; Executive Session
  • Feb 5, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Science, Technology and Energy HJ 1 P. 3
  2. Jan 20, 2026HousePublic Hearing: 01/20/2026 09:30 am GP 229
  3. Jan 20, 2026HouseExecutive Session: 01/20/2026 09:30 am GP 229
  4. Jan 20, 2026House: Inexpedient to Legislate 01/20/2026 (Vote 14-0; CC) HC 5 P. 16
  5. Feb 5, 2026HouseInexpedient to Legislate: MA VV 02/05/2026 HJ 3 P. 19

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.