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Assembly Bill A3621

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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2017-A3621 (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-A3621 (ACTIVE) - Summary

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

2017-A3621 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3621
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- 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.
   § 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.

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