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Assembly Bill A7787

2015-2016 Legislative Session

Relates to requiring the notification of the department of public service of an incident involving damage to any underground facilities

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Archive: Last Bill Status - In Assembly Committee

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2015-A7787 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Service Law
Laws Affected:
Amd §119-b, Pub Serv L; amd §763, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A3621, A10001

2015-A7787 (ACTIVE) - Summary

Requires notification to the department of public service of any incident involving damage to any underground facility.

2015-A7787 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7787

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law and the general business law,  in
  relation  to  requiring  the  notification of the department of public
  service of an incident involving damage to any underground facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  119-b  of  the  public service law is amended by
adding a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO  THE  CONTRARY,  EACH
OPERATOR  SHALL GIVE NOTICE TO THE DEPARTMENT OF EACH INCIDENT INVOLVING
DAMAGES TO UNDERGROUND FACILITIES AT  THE  EARLIEST  PRACTICABLE  MOMENT
FOLLOWING DISCOVERY OF SAID INCIDENT, IN SUCH FORM AS THE DEPARTMENT MAY
REQUIRE.  WITHIN  SIXTY DAYS OF NOTICE OF AN INCIDENT UNDER THIS SECTION
AND AFTER A PRELIMINARY  INVESTIGATION,  THE  DEPARTMENT  SHALL  POST  A
NOTICE  ON  ITS WEBSITE DESCRIBING WHETHER IT WILL INVESTIGATE THE INCI-
DENT TO DETERMINE ITS CAUSE OR CAUSES AND ANY CONTRIBUTING FACTORS.   IN
THE  EVENT THE DEPARTMENT DETERMINES NOT TO INVESTIGATE THE INCIDENT, IT
SHALL SET FORTH THE REASONS FOR ITS DECISION. NOTHING  IN  THIS  SECTION
SHALL BE CONSTRUED TO AFFECT OR MODIFY THE AUTHORITY OF THE COMMISSIONER
UNDER STATE OR FEDERAL LAW.
  S  2.  Section  763 of the general business law is amended by adding a
new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO  THE  CONTRARY,  EACH
OPERATOR  SHALL  GIVE NOTICE TO THE DEPARTMENT OF PUBLIC SERVICE OF EACH
INCIDENT INVOLVING DAMAGES TO UNDERGROUND  FACILITIES  AT  THE  EARLIEST
PRACTICABLE MOMENT FOLLOWING DISCOVERY OF SAID INCIDENT, IN SUCH FORM AS
SUCH  DEPARTMENT MAY REQUIRE. WITHIN SIXTY DAYS OF NOTICE OF AN INCIDENT
UNDER THIS SECTION AND AFTER A PRELIMINARY INVESTIGATION, THE DEPARTMENT
OF PUBLIC SERVICE SHALL POST A NOTICE ON ITS WEBSITE DESCRIBING  WHETHER
IT  WILL  INVESTIGATE  THE INCIDENT TO DETERMINE ITS CAUSE OR CAUSES AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11225-01-5

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