S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9985
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced by M. of A. PAULIN, DINOWITZ, GALEF, SEAWRIGHT, VANEL -- read
   once  and  referred  to the Committee on Corporations, Authorities and
   Commissions
 
 AN ACT to amend the general business law, in relation  to  the  one-call
   notification   system;   and  providing  for  the  repeal  of  certain
   provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 9 of section 760 of the general business law,
 as amended by chapter 685 of the laws of 1994, is  amended  to  read  as
 follows:
   9. "Local [governing body] GOVERNMENT" means a COUNTY, town [or], city
 [outside  the  city of New York or a county within the city of New York]
 OR VILLAGE.
   § 2. Paragraph d of subdivision 2 and subdivision 3 of section 761  of
 the  general  business  law,  paragraph d of subdivision 2 as amended by
 chapter 215 of the laws of 1996 and subdivision 3 as  added  by  chapter
 685 of the laws of 1994, are amended to read as follows:
   d.  Provide  local  [governing  bodies] GOVERNMENTS with the telephone
 number of the system and a sample or model  notice  informing  operators
 and  excavators  of  the  system  and their responsibilities relating to
 protection of underground facilities; cooperate  with  local  [governing
 bodies]  GOVERNMENTS  to  encourage their participation in the system to
 assure that when permits involving excavation and demolition are issued,
 excavators and operators receive information about the system and  about
 their obligations to protect underground facilities;
   3.    Costs.  The  costs  of operating the system shall be apportioned
 equitably among the members of the system, with the exception of  [muni-
 cipalities] LOCAL GOVERNMENTS and PUBLIC authorities that operate under-
 ground  facilities  and  any  operator  of  underground  facilities that
 provides water service to less than four thousand customers.  In  appor-
 tioning  such  costs,  the  system shall take into account the number of
 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.
              

                                                            LBD07563-17-8

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   § 3. Section 762 of the general business law, as  amended  by  chapter
 685 of the laws of 1994, is amended to read as follows:
   §  762.  Duties  of  local  [governing  bodies] GOVERNMENTS. The local
 [governing bodies] GOVERNMENTS shall display in an appropriate  location
 and  provide a notice to each applicant for an excavation and demolition
 permit that informs them about their responsibilities under the law  and
 regulations  to protect underground facilities and the existence, opera-
 tion and programs of  the  one-call  notification  system.    ANY  LOCAL
 GOVERNMENT  WHICH  CONTRACTS  FOR  EXCAVATION  OF UNDERGROUND FACILITIES
 SHALL REQUIRE THE EXCAVATOR TO HAVE COMPLETED THE TRAINING AND EDUCATION
 PROGRAM PROVIDED BY THE ONE-CALL NOTIFICATION SYSTEM  PURSUANT  TO  THIS
 ARTICLE  OR  ANY OTHER PROVIDER AUTHORIZED BY THE PUBLIC SERVICE COMMIS-
 SION TO ADMINISTER SUCH TRAINING AND EDUCATION  PROGRAM.  SUCH  TRAINING
 AND  EDUCATION PROGRAM SHALL BE MADE AVAILABLE IN-PERSON AND ONLINE. THE
 COST OF SUCH TRAINING AND EDUCATION PROGRAM SHALL NOT EXCEED TWENTY-FIVE
 DOLLARS AND SHALL NOT BE REQUIRED MORE THAN ONCE PER FIVE YEAR PERIOD.
   § 4. Section 762 of the general business law, as  amended  by  chapter
 685 of the laws of 1994, is amended to read as follows:
   §  762.  Duties  of  local  [governing  bodies] GOVERNMENTS. The local
 [governing bodies] GOVERNMENTS shall display in an appropriate  location
 and  provide a notice to each applicant for an excavation and demolition
 permit that informs them about their responsibilities under the law  and
 regulations  to protect underground facilities and the existence, opera-
 tion and programs of the one-call notification system.
   § 5. Section 763 of the general business law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  ANY  OPERATOR  WHICH  PERFORMS  OR CONTRACTS FOR THE EXCAVATION OF
 UNDERGROUND FACILITIES SHALL REQUIRE THE EXCAVATOR TO HAVE COMPLETED THE
 TRAINING AND EDUCATION PROGRAM PROVIDED  BY  THE  ONE-CALL  NOTIFICATION
 SYSTEM  PURSUANT TO THIS ARTICLE OR ANY OTHER PROVIDER AUTHORIZED BY THE
 PUBLIC SERVICE COMMISSION TO  ADMINISTER  SUCH  TRAINING  AND  EDUCATION
 PROGRAM.  SUCH  TRAINING  AND  EDUCATION PROGRAM SHALL BE MADE AVAILABLE
 IN-PERSON AND ONLINE.  THE COST OF SUCH TRAINING AND  EDUCATION  PROGRAM
 SHALL NOT EXCEED TWENTY-FIVE DOLLARS AND SHALL NOT BE REQUIRED MORE THAN
 ONCE  PER  FIVE  YEAR  PERIOD. IN THE CASE OF AN OPERATOR SUBJECT TO THE
 JURISDICTION OF THE PUBLIC SERVICE COMMISSION, A TRAINING AND  EDUCATION
 PROGRAM  THAT  IS  SUBJECT  TO AUDIT BY THE DEPARTMENT OF PUBLIC SERVICE
 SHALL ALSO SATISFY THE REQUIREMENT HEREIN.
   § 6. Subdivision 5 of section 764 of  the  general  business  law,  as
 amended  by  chapter  685  of  the  laws  of 1994, is amended to read as
 follows:
   5. In the event of contact with and/or damage to an underground facil-
 ity, the excavator shall immediately notify the operator of the facility
 and no backfilling shall be  done  by  the  excavator  until  inspection
 and/or  repairs  have  been made by the operator and no repairs shall be
 undertaken by the excavator until authorized by  the  operator.  In  the
 event  of  an  electrical short or the escape of gas or hazardous fluids
 endangering life, the excavator shall immediately notify the operator of
 the electric, gas or hazardous liquid underground facility AND THE  FIRE
 DEPARTMENT,  and  all  persons who might be endangered and assist in the
 evacuation of such persons.
   § 7. The public service commission shall be authorized  to  promulgate
 rules and regulations necessary to implement the provisions of this act.
   §  8. Any one-call notification system or other approved provider that
 provides a training and education program pursuant to sections  762  and
 763  of  the general business law shall report annually to the governor,

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 the temporary president of the senate, and the speaker of the  assembly.
 Such  report  shall include but not be limited to the following informa-
 tion: the number of incidents involving contact with or damage to under-
 ground  facilities  for  the  five  year period prior to the requirement
 established herein that certain excavators  complete  the  training  and
 education  program,  the  number  of incidents involving contact with or
 damage to underground facilities after such requirement was enacted, the
 number of training and  education  program  certifications  issued  each
 month  of  the preceding year, a breakdown of the number of training and
 education programs provided in-person and online, an account of incurred
 expenses for the training and education program, the  revenues  received
 from  the  fees charged for such program, and any other information that
 the one-call notification system  deems  necessary.  The  department  of
 public  service  shall  cooperate  in  providing  any data, which is not
 directly reported to the one-call notification system, that is  required
 for such report.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law; provided, however, that section three of
 this act shall expire and be deemed repealed October 1, 2021  when  upon
 such date section four of this act shall take effect; provided, further,
 however,  that  sections  five, seven and eight of this act shall expire
 and be deemed repealed October 1, 2021.