NY State Senate Bill S6756A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 05, 2018	signed chap.333
Oct 24, 2018	delivered to governor
Jun 18, 2018	returned to senate passed assembly ordered to third reading rules cal.229 substituted for a9985
Apr 30, 2018	referred to ways and means delivered to assembly passed senate
Mar 13, 2018	advanced to third reading
Mar 12, 2018	2nd report cal.
Mar 06, 2018	1st report cal.600
Feb 02, 2018	print number 6756a
Feb 02, 2018	amend and recommit to consumer protection
Jan 03, 2018	referred to consumer protection returned to senate died in assembly
Jun 20, 2017	referred to ways and means delivered to assembly passed senate ordered to third reading cal.2105
Jun 16, 2017	referred to rules

Votes

Bill Amendments

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Original

A (Active)

S6756 - Details

See Assembly Version of this Bill:: A9985
Law Section:: General Business Law
Laws Affected:: Amd §§760, 761, 762, 763 & 764, Gen Bus L

S6756 - Summary

Relates to the one-call notification system.

S6756 - Sponsor Memo

 BILL NUMBER:  S6756

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To provide that any local government or operator that contracts for
excavation to require the excavator to complete a training and
education program.

 SUMMARY OF SPECIFIC PROVISIONS :

Sections one and two of the bill makes a technical and clarifying
amendment by replacing the term "governing body" with "local
government".

Section three provides that any local government that contracts with
an excavator to excavate underground facilities must require the
excavator to complete the one-call notification system training and
education program. This section also requires the training to be made
available in-person and online and sets a cap on the fee that can be
charged for such program.

Section four of the bill makes a technical and clari- fying amendment

by replacing the term "governing body" with "local government".

Section five provides that any operator that performs excavation work
must require the excavator to complete either the one-call
notification system or the qualification program pursuant to PSC
regulations. This section also requires the training to be made
available in-person and online, sets a cap on the fee that can be
charged for such program, and authorizes certain training and
education programs that are subject to DPS audit to satisfy the
requirement herein.

Section six would require an excavator, in the case of an electric
short or a gas or hazardous material leak, to notify the local fire
department.

Section seven authorizes the Commission to promulgate regulations
necessary to implement the provisions of the act.

Section eight provides reporting requirements.

Section nine provides that this act shall take effect 180 days after
enactment and provides a repeal and enactment date of certain sections
on October 1, 2020.

 JUSTIFICATION :

Every year, damage caused by excavation equipment results in thousands
of interruptions to utility services and in millions of dollars in
unnecessary costs to municipalities.

This bill would require any municipality or operator that engages in
excavation work to require its excavators to complete a training and
education program. This mandate should greatly reduce the number of
excavation-related accidents, and provide greater public safety and
protection.

 PRIOR LEGISLATIVE HISTORY :

2015-16: A.10499- Referred to Corporations/S.4862-C- Passed Senate

 FISCAL IMPLICATIONS :

None to taxpayers.

 EFFECTIVE DATE :
180 days after it shall have become law, provided, however, that
sections three, five, seven and eight of this act shall expire and be
deemed repealed on October 1, 2020 when upon such date section four
shall take effect.

S6756 - Bill Text download pdf


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

                                  6756

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 16, 2017
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07563-14-7

S. 6756                             2

tioning  such  costs,  the  system shall take into account the number of
customers, extent of underground facilities and frequency of use.
  §  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.

S. 6756                             3

  § 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,
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, 2020 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, 2020.

S6756A (ACTIVE) - Details

See Assembly Version of this Bill:: A9985
Law Section:: General Business Law
Laws Affected:: Amd §§760, 761, 762, 763 & 764, Gen Bus L

S6756A (ACTIVE) - Summary

Relates to the one-call notification system.

S6756A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6756A

SPONSOR: GRIFFO
 
TITLE OF BILL:

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

 
PURPOSE:

To provide that any local government or operator that contracts for
excavation to require the excavator to complete a training and education
program.

 
SUMMARY OF PROVISIONS:

Sections one and two of the bill makes a technical and clarifying amend-
ment by replacing the term "governing body" with "local government".

Section three provides that any local government that contracts with an

excavator to excavate underground facilities must require the excavator
to complete the one-call notification system training and education
program. This section also requires the training to be made available
in-person and online and sets a cap on the fee that can be charged for
such program.

Section four of the bill makes a technical and clarifying amendment by
replacing the term "governing body" with "local government".

Section five provides that any operator that performs excavation work
must require the excavator to complete either the one-call notification
system or the qualification program pursuant to PSC regulations. This
section also requires the training to be made available in-person and
online, sets a cap on the fee that can be charged for such program, and
authorizes certain training and education programs that are subject to
DPS audit to satisfy the requirement herein.

Section six would require an excavator, in the case of an electric short
or a gas or hazardous material leak, to notify the local fire depart-
ment.

Section seven authorizes the Commission to promulgate regulations neces-
sary to implement the provisions of the act.

Section eight provides reporting requirements.

Section nine provides that this act shall take effect 180 days after
enactment and provides a repeal and enactment date of certain sections
on October 1, 2021.

 
JUSTIFICATION:

Every year, damage caused by excavation equipment results in thousands
of interruptions to utility services and in millions of dollars in
unnecessary costs to municipalities.

This bill would require any municipality or operator that engages in
excavation work to require its excavators to complete a training and
education program. This mandate should greatly reduce the number of
excavation-related accidents, and provide greater public safety and
protection.

 
LEGISLATIVE HISTORY:

2015-16: S.4862-C- Passed Senate/A.10499 - Referred to Corporations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after it shall have become law, provided, however, that Section
three of this act shall expire and be deemed repealed on October 1, 2021
when upon such date section four shall take effect; provided, further,
that sections five, seven and eight shall expire and be deemed repealed
October 1, 2021.

S6756A (ACTIVE) - Bill Text download pdf


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

                                 6756--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 16, 2017
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Consumer Protection in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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-

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

                                                           LBD07563-15-8

S. 6756--A                          2

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.
  §  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.

S. 6756--A                          3

  §  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,
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.

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The New York State Senate

senate Bill S6756A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 30, 2018 - floor Vote

Floor Vote: Apr 30, 2018

Mar 6, 2018 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 6, 2018

Jun 20, 2017 - floor Vote

Floor Vote: Jun 20, 2017

Jun 20, 2017 - Rules committee Vote

Committee Vote: Jun 20, 2017

Bill Amendments

S6756 - Details

S6756 - Summary

S6756 - Sponsor Memo

S6756 - Bill Text download pdf

S6756A (ACTIVE) - Details

S6756A (ACTIVE) - Summary

S6756A (ACTIVE) - Sponsor Memo

S6756A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6756A

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 30, 2018 - floor Vote

Floor Vote: Apr 30, 2018

Mar 6, 2018 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 6, 2018

Jun 20, 2017 - floor Vote

Floor Vote: Jun 20, 2017

Jun 20, 2017 - Rules committee Vote

Committee Vote: Jun 20, 2017

Bill Amendments

S6756 - Details

S6756 - Summary

S6756 - Sponsor Memo

S6756 - Bill Text download pdf

S6756A (ACTIVE) - Details

S6756A (ACTIVE) - Summary

S6756A (ACTIVE) - Sponsor Memo

S6756A (ACTIVE) - Bill Text download pdf

Comments