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Assembly Bill A10001

2017-2018 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 - Stricken

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2017-A10001 (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd §119-b, Pub Serv L; amd §763, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
A7787

2017-A10001 (ACTIVE) - Summary

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

2017-A10001 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10001
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ABINANTI, GALEF, SEAWRIGHT, COLTON,
   D'URSO, ORTIZ -- Multi-Sponsored by -- M. of A. COOK,  GLICK  --  read
   once  and  referred  to the Committee 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.
   §  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
 ANY CONTRIBUTING FACTORS. IN THE EVENT THE DEPARTMENT OF PUBLIC  SERVICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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