S T A T E O F N E W Y O R K
________________________________________________________________________
8442
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
___________
Introduced by M. of A. GORDON -- (at request of the Department of Public
Service) -- read once and referred to the Committee on Energy
AN ACT to amend the general business law and the public service law, in
relation to the protection and excavation of underground facilities
and penalties for gas safety violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and b of subdivision 1 of section 765 of the
general business law, as amended by chapter 685 of the laws of 1994, are
amended to read as follows:
a. Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [one] TWO thou-
sand FIVE HUNDRED dollars for the first violation and up to an addi-
tional [seven] TEN thousand [five hundred] dollars for each succeeding
violation [which] THAT occurs [in connection with the entire self-same
excavation or demolition activity] within a [two] TWELVE month period.
b. The penalties provided for by this article shall not apply to an
excavator who damages an underground facility due to the failure of the
operator to comply with any of the provisions of this article nor shall
in such instance the excavator be liable for repairs as prescribed in
subdivision [five] FOUR of this section.
S 2. Subdivision 3 of section 25 of the public service law, as added
by chapter 665 of the laws of 1980 and paragraph (a) as amended by chap-
ter 375 of the laws of 1986, is amended to read as follows:
3. (A) Notwithstanding the provisions of subdivision two of this
section, any such public utility company, corporation or person and the
officers, agents and employees thereof that knowingly fails or neglects
to obey or comply with a provision of this chapter, or an order or regu-
lation adopted under the authority of this chapter, adopted specifically
for the protection of human safety OR PREVENTION OF SIGNIFICANT DAMAGE
TO REAL PROPERTY, including but not limited to the commission's code of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06181-02-9
A. 8442 2
gas safety regulations shall, if it is determined by the commission that
such safety violation caused or constituted a contributing factor in
bringing about: (I) a death or personal injury; (II) DAMAGE IN EXCESS OF
FIFTY THOUSAND DOLLARS TO REAL PROPERTY; OR (III) A REPEATED GAS PIPE-
LINE SAFETY VIOLATION WITHIN TWENTY-FOUR MONTHS, forfeit to the state of
New York a sum not to exceed the greater of:
[(a) two] (A) FIVE hundred [and fifty] thousand dollars constituting a
civil penalty for each separate and distinct offense[; provided, howev-
er, that for], EXCEPT THAT THE MAXIMUM PENALTY FOR A REPEATED GAS PIPE-
LINE SAFETY VIOLATION WITHIN A TWENTY-FOUR MONTH PERIOD SHALL BE ONE
MILLION DOLLARS. FOR purposes of this paragraph each day of a continuing
violation shall not be deemed a separate and distinct offense. The total
period of a continuing violation, as well as every distinct violation,
shall be similarly treated as a separate and distinct offense for
purposes of this paragraph; or
[(b)] (B) the maximum forfeiture determined in accordance with subdi-
vision two of this section.
(B) FOR PURPOSES OF THIS SUBDIVISION, A "REPEATED GAS PIPELINE SAFETY
VIOLATION" SHALL MEAN A SECOND OR SUBSEQUENT VIOLATION, WITHIN
TWENTY-FOUR MONTHS, OF AN ORDER OR REGULATION RELATING TO CATHODIC
PROTECTION OF PIPELINE FACILITIES, UPGRADES TO OR MAXIMUM ALLOWABLE
SYSTEM OPERATING PRESSURE, GAS ODORIZATION, SYSTEM OVERPRESSURE
PROTECTION, PERIODIC LEAK SURVEYS, PIPELINE VALVE INSPECTIONS, MAINTE-
NANCE AND REPLACEMENT OF PIPELINES, OR GAS LEAK INVESTIGATIONS, CLASSI-
FICATION, SURVEILLANCE AND REPAIR.
S 3. This act shall take effect immediately and shall apply to all
violations occurring on or after such effective date.