NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9985 Revised 06/14/18
SPONSOR: Paulin
 
TITLE OF BILL:
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
 
PURPOSE:
To provide that any local government or operator that contracts for
excavation to require the excavator to complete a training and education
program.
 
SUMMARY OF PROVISIONS:
Sections one and two of the bill makes a technical and clarifying amend-
ment by replacing the term "governing body" with "local government" in
sections 760 and 761 of the general business law.
Section three provides that any local government that contracts with an
excavator to excavate underground facilities must require the excavator
to complete the one-call notification system training and education
program. This section also requires the training to be made available
in-person and online and sets a cap on the fee that can be charged for
such program.
Section four of the bill makes a technical and clarifying amendment by
replacing the term "governing body" with "local government" in section
762 of the general business law.
Section five provides that any operator that performs excavation work
must require the excavator to complete either the one-call notification
system or the qualification program. pursuant to PSC regulations. This
section also requires the training to be made available in-person and
online, sets a cap on the fee that can be charged for such program, and
authorizes certain training and education programs that are subject to
DPS audit to satisfy the requirement herein.
Section six would require an excavator, in the case of an electric short
or a gas or hazardous material leak, to notify the local fire depart-
ment.
Section seven authorizes the Commission to promulgate regulations neces-
sary to implement the provisions of the act. Section eight provides
reporting requirements.
Section nine provides that this act shall take effect 180 days after
enactment and provides a repeal and enactment date of certain sections
on October 1, 2021.
 
JUSTIFICATION:
Every year, damage caused by excavation equipment results in thousands
of interruptions to utility services and in millions of dollars in
unnecessary costs to municipalities.
The New York one-call notification system was established to help
prevent this damage and ensure safe digging. It is comprised of New York
811, the one-call center for New York City and Long Island, and Dig
Safely NY which serves the rest of New York State. These entities act as
a communications link between utility companies and individuals, build-
ers, and others planning digging activity, and offer training and educa-
tion programs.
This bill would require any municipality or operator that engages in
excavation work to require its excavators to complete a training and
education program. The New York Public Service Commission is encouraged
to work with New York 811 and Dig Safely NY in the development of the
training and education program required by this bill.
This training requirement should greatly reduce the number of excava-
tion-related accidents, and provide greater public safety and
protection.
 
LEGISLATIVE HISTORY:
2017: A.3771-B- referred to corporations, authorities and commissions.
2015-16: S.4862-C - passed Senate/A.10499 - referred to corporations,
authorities and commissions.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
180 days after it shall have become law, provided, however, that Section
three of this act shall expire and be deemed repealed on October 1, 2021
when upon such date section four shall take effect; provided, further,
that sections five, seven and eight shall expire and be deemed repealed
October 1, 2021.
STATE OF NEW YORK
________________________________________________________________________
9985
IN ASSEMBLY
March 7, 2018
___________
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, SEAWRIGHT, VANEL -- read
once and referred to the Committee on Corporations, Authorities and
Commissions
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 [governing
15 bodies] 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-
21 cipalities] local governments and public authorities that operate under-
22 ground facilities and any operator of underground facilities that
23 provides water service to less than four thousand customers. In appor-
24 tioning such costs, the system shall take into account the number of
25 customers, extent of underground facilities and frequency of use.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07563-17-8
A. 9985 2
1 § 3. Section 762 of the general business law, as amended by chapter
2 685 of the laws of 1994, is amended to read as follows:
3 § 762. Duties of local [governing bodies] governments. The local
4 [governing bodies] governments shall display in an appropriate location
5 and provide a notice to each applicant for an excavation and demolition
6 permit that informs them about their responsibilities under the law and
7 regulations to protect underground facilities and the existence, opera-
8 tion and programs of the one-call notification system. Any local
9 government which contracts for excavation of underground facilities
10 shall require the excavator to have completed the training and education
11 program provided by the one-call notification system pursuant to this
12 article or any other provider authorized by the public service commis-
13 sion to administer such training and education program. Such training
14 and education program shall be made available in-person and online. The
15 cost of such training and education program shall not exceed twenty-five
16 dollars and shall not be required more than once per five year period.
17 § 4. Section 762 of the general business law, as amended by chapter
18 685 of the laws of 1994, is amended to read as follows:
19 § 762. Duties of local [governing bodies] governments. The local
20 [governing bodies] governments shall display in an appropriate location
21 and provide a notice to each applicant for an excavation and demolition
22 permit that informs them about their responsibilities under the law and
23 regulations to protect underground facilities and the existence, opera-
24 tion and programs of the one-call notification system.
25 § 5. Section 763 of the general business law is amended by adding a
26 new subdivision 4 to read as follows:
27 4. Any operator which performs or contracts for the excavation of
28 underground facilities shall require the excavator to have completed the
29 training and education program provided by the one-call notification
30 system pursuant to this article or any other provider authorized by the
31 public service commission to administer such training and education
32 program. Such training and education program shall be made available
33 in-person and online. The cost of such training and education program
34 shall not exceed twenty-five dollars and shall not be required more than
35 once per five year period. In the case of an operator subject to the
36 jurisdiction of the public service commission, a training and education
37 program that is subject to audit by the department of public service
38 shall also satisfy the requirement herein.
39 § 6. Subdivision 5 of section 764 of the general business law, as
40 amended by chapter 685 of the laws of 1994, is amended to read as
41 follows:
42 5. In the event of contact with and/or damage to an underground facil-
43 ity, the excavator shall immediately notify the operator of the facility
44 and no backfilling shall be done by the excavator until inspection
45 and/or repairs have been made by the operator and no repairs shall be
46 undertaken by the excavator until authorized by the operator. In the
47 event of an electrical short or the escape of gas or hazardous fluids
48 endangering life, the excavator shall immediately notify the operator of
49 the electric, gas or hazardous liquid underground facility and the fire
50 department, and all persons who might be endangered and assist in the
51 evacuation of such persons.
52 § 7. The public service commission shall be authorized to promulgate
53 rules and regulations necessary to implement the provisions of this act.
54 § 8. Any one-call notification system or other approved provider that
55 provides a training and education program pursuant to sections 762 and
56 763 of the general business law shall report annually to the governor,
A. 9985 3
1 the temporary president of the senate, and the speaker of the assembly.
2 Such report shall include but not be limited to the following informa-
3 tion: the number of incidents involving contact with or damage to under-
4 ground facilities for the five year period prior to the requirement
5 established herein that certain excavators complete the training and
6 education program, the number of incidents involving contact with or
7 damage to underground facilities after such requirement was enacted, the
8 number of training and education program certifications issued each
9 month of the preceding year, a breakdown of the number of training and
10 education programs provided in-person and online, an account of incurred
11 expenses for the training and education program, the revenues received
12 from the fees charged for such program, and any other information that
13 the one-call notification system deems necessary. The department of
14 public service shall cooperate in providing any data, which is not
15 directly reported to the one-call notification system, that is required
16 for such report.
17 § 9. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law; provided, however, that section three of
19 this act shall expire and be deemed repealed October 1, 2021 when upon
20 such date section four of this act shall take effect; provided, further,
21 however, that sections five, seven and eight of this act shall expire
22 and be deemed repealed October 1, 2021.