Senate Bill S3743

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3743
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation  to  the  one-call
   notification system
 
   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 added 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.
              

                                                            LBD07563-01-7

 S. 3743                             2
 
   §  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.
   §  4.  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 PURSUANT TO A  WRITTEN  QUALIFICATION
 PROGRAM REQUIRED IN 16 NYCRR PART 255.
   §  5.  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.
   § 6. This act shall take effect immediately.