Senate Bill S6756A

                            
 
                     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

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 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.