Bill Text: NY S06756 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the one-call notification system.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-11-05 - SIGNED CHAP.333 [S06756 Detail]
Download: New_York-2017-S06756-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6756--A 2017-2018 Regular Sessions IN SENATE June 16, 2017 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the one-call notification system; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 9 of section 760 of the general business law, 2 as amended by chapter 685 of the laws of 1994, is amended to read as 3 follows: 4 9. "Local [governing body] government" means a county, town [or], city 5 [outside the city of New York or a county within the city of New York] 6 or village. 7 § 2. Paragraph d of subdivision 2 and subdivision 3 of section 761 of 8 the general business law, paragraph d of subdivision 2 as amended by 9 chapter 215 of the laws of 1996 and subdivision 3 as added by chapter 10 685 of the laws of 1994, are amended to read as follows: 11 d. Provide local [governing bodies] governments with the telephone 12 number of the system and a sample or model notice informing operators 13 and excavators of the system and their responsibilities relating to 14 protection of underground facilities; cooperate with local [governing15bodies] governments to encourage their participation in the system to 16 assure that when permits involving excavation and demolition are issued, 17 excavators and operators receive information about the system and about 18 their obligations to protect underground facilities; 19 3. Costs. The costs of operating the system shall be apportioned 20 equitably among the members of the system, with the exception of [muni-21cipalities] local governments and public authorities that operate under- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07563-15-8S. 6756--A 2 1 ground facilities and any operator of underground facilities that 2 provides water service to less than four thousand customers. In appor- 3 tioning such costs, the system shall take into account the number of 4 customers, extent of underground facilities and frequency of use. 5 § 3. Section 762 of the general business law, as amended by chapter 6 685 of the laws of 1994, is amended to read as follows: 7 § 762. Duties of local [governing bodies] governments. The local 8 [governing bodies] governments shall display in an appropriate location 9 and provide a notice to each applicant for an excavation and demolition 10 permit that informs them about their responsibilities under the law and 11 regulations to protect underground facilities and the existence, opera- 12 tion and programs of the one-call notification system. Any local 13 government which contracts for excavation of underground facilities 14 shall require the excavator to have completed the training and education 15 program provided by the one-call notification system pursuant to this 16 article or any other provider authorized by the public service commis- 17 sion to administer such training and education program. Such training 18 and education program shall be made available in-person and online. The 19 cost of such training and education program shall not exceed twenty-five 20 dollars and shall not be required more than once per five year period. 21 § 4. Section 762 of the general business law, as amended by chapter 22 685 of the laws of 1994, is amended to read as follows: 23 § 762. Duties of local [governing bodies] governments. The local 24 [governing bodies] governments shall display in an appropriate location 25 and provide a notice to each applicant for an excavation and demolition 26 permit that informs them about their responsibilities under the law and 27 regulations to protect underground facilities and the existence, opera- 28 tion and programs of the one-call notification system. 29 § 5. Section 763 of the general business law is amended by adding a 30 new subdivision 4 to read as follows: 31 4. Any operator which performs or contracts for the excavation of 32 underground facilities shall require the excavator to have completed the 33 training and education program provided by the one-call notification 34 system pursuant to this article or any other provider authorized by the 35 public service commission to administer such training and education 36 program. Such training and education program shall be made available 37 in-person and online. The cost of such training and education program 38 shall not exceed twenty-five dollars and shall not be required more than 39 once per five year period. In the case of an operator subject to the 40 jurisdiction of the public service commission, a training and education 41 program that is subject to audit by the department of public service 42 shall also satisfy the requirement herein. 43 § 6. Subdivision 5 of section 764 of the general business law, as 44 amended by chapter 685 of the laws of 1994, is amended to read as 45 follows: 46 5. In the event of contact with and/or damage to an underground facil- 47 ity, the excavator shall immediately notify the operator of the facility 48 and no backfilling shall be done by the excavator until inspection 49 and/or repairs have been made by the operator and no repairs shall be 50 undertaken by the excavator until authorized by the operator. In the 51 event of an electrical short or the escape of gas or hazardous fluids 52 endangering life, the excavator shall immediately notify the operator of 53 the electric, gas or hazardous liquid underground facility and the fire 54 department, and all persons who might be endangered and assist in the 55 evacuation of such persons.S. 6756--A 3 1 § 7. The public service commission shall be authorized to promulgate 2 rules and regulations necessary to implement the provisions of this act. 3 § 8. Any one-call notification system or other approved provider that 4 provides a training and education program pursuant to sections 762 and 5 763 of the general business law shall report annually to the governor, 6 the temporary president of the senate, and the speaker of the assembly. 7 Such report shall include but not be limited to the following informa- 8 tion: the number of incidents involving contact with or damage to under- 9 ground facilities for the five year period prior to the requirement 10 established herein that certain excavators complete the training and 11 education program, the number of incidents involving contact with or 12 damage to underground facilities after such requirement was enacted, the 13 number of training and education program certifications issued each 14 month of the preceding year, a breakdown of the number of training and 15 education programs provided in-person and online, an account of incurred 16 expenses for the training and education program, the revenues received 17 from the fees charged for such program, and any other information that 18 the one-call notification system deems necessary. The department of 19 public service shall cooperate in providing any data, which is not 20 directly reported to the one-call notification system, that is required 21 for such report. 22 § 9. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law; provided, however, that section three of 24 this act shall expire and be deemed repealed October 1, 2021 when upon 25 such date section four of this act shall take effect; provided, further, 26 however, that sections five, seven and eight of this act shall expire 27 and be deemed repealed October 1, 2021.