STATE OF NEW YORK
________________________________________________________________________
3743
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the one-call
notification system
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 added 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.
LBD07563-01-7
S. 3743 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.
13 § 4. Section 763 of the general business law is amended by adding a
14 new subdivision 4 to read as follows:
15 4. Any operator which performs or contracts for the excavation of
16 underground facilities shall require the excavator to have completed the
17 training and education program provided by the one-call notification
18 system pursuant to this article or pursuant to a written qualification
19 program required in 16 NYCRR Part 255.
20 § 5. Subdivision 5 of section 764 of the general business law, as
21 amended by chapter 685 of the laws of 1994, is amended to read as
22 follows:
23 5. In the event of contact with and/or damage to an underground facil-
24 ity, the excavator shall immediately notify the operator of the facility
25 and no backfilling shall be done by the excavator until inspection
26 and/or repairs have been made by the operator and no repairs shall be
27 undertaken by the excavator until authorized by the operator. In the
28 event of an electrical short or the escape of gas or hazardous fluids
29 endangering life, the excavator shall immediately notify the operator of
30 the electric, gas or hazardous liquid underground facility and the fire
31 department, and all persons who might be endangered and assist in the
32 evacuation of such persons.
33 § 6. This act shall take effect immediately.
