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A09985 Summary:

BILL NOA09985
 
SAME ASSAME AS S06756-A
 
SPONSORPaulin
 
COSPNSRDinowitz, Galef, Seawright, Vanel
 
MLTSPNSR
 
Amd 760, 761, 762, 763 & 764, Gen Bus L
 
Relates to the one-call notification system.
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A09985 Actions:

BILL NOA09985
 
03/07/2018referred to corporations, authorities and commissions
04/24/2018reported referred to ways and means
06/13/2018reported referred to rules
06/14/2018reported
06/14/2018rules report cal.229
06/14/2018ordered to third reading rules cal.229
06/18/2018substituted by s6756a
 S06756 AMEND=A GRIFFO
 06/16/2017REFERRED TO RULES
 06/20/2017ORDERED TO THIRD READING CAL.2105
 06/20/2017PASSED SENATE
 06/20/2017DELIVERED TO ASSEMBLY
 06/20/2017referred to ways and means
 01/03/2018died in assembly
 01/03/2018returned to senate
 01/03/2018REFERRED TO CONSUMER PROTECTION
 02/02/2018AMEND AND RECOMMIT TO CONSUMER PROTECTION
 02/02/2018PRINT NUMBER 6756A
 03/06/20181ST REPORT CAL.600
 03/12/20182ND REPORT CAL.
 03/13/2018ADVANCED TO THIRD READING
 04/30/2018PASSED SENATE
 04/30/2018DELIVERED TO ASSEMBLY
 04/30/2018referred to ways and means
 06/18/2018substituted for a9985
 06/18/2018ordered to third reading rules cal.229
 06/18/2018passed assembly
 06/18/2018returned to senate
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A09985 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9985
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section  1.  Subdivision 9 of section 760 of the general business law,
     2  as amended by chapter 685 of the laws of 1994, is  amended  to  read  as
     3  follows:
     4    9. "Local [governing body] government" means a county, town [or], city
     5  [outside  the  city of New York or a county within the city of New York]
     6  or village.
     7    § 2. Paragraph d of subdivision 2 and subdivision 3 of section 761  of
     8  the  general  business  law,  paragraph d of subdivision 2 as amended by
     9  chapter 215 of the laws of 1996 and subdivision 3 as  added  by  chapter
    10  685 of the laws of 1994, are amended to read as follows:
    11    d.  Provide  local  [governing  bodies] governments with the telephone
    12  number of the system and a sample or model  notice  informing  operators
    13  and  excavators  of  the  system  and their responsibilities relating to
    14  protection of underground facilities; cooperate  with  local  [governing
    15  bodies]  governments  to  encourage their participation in the system to
    16  assure that when permits involving excavation and demolition are issued,
    17  excavators and operators receive information about the system and  about
    18  their obligations to protect underground facilities;
    19    3.    Costs.  The  costs  of operating the system shall be apportioned
    20  equitably among the members of the system, with the exception of  [muni-
    21  cipalities] local governments and public authorities that operate under-
    22  ground  facilities  and  any  operator  of  underground  facilities that
    23  provides water service to less than four thousand customers.  In  appor-
    24  tioning  such  costs,  the  system shall take into account the number of
    25  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

        A. 9985                             2
 
     1    § 3. Section 762 of the general business law, as  amended  by  chapter
     2  685 of the laws of 1994, is amended to read as follows:
     3    §  762.  Duties  of  local  [governing  bodies] governments. The local
     4  [governing bodies] governments shall display in an appropriate  location
     5  and  provide a notice to each applicant for an excavation and demolition
     6  permit that informs them about their responsibilities under the law  and
     7  regulations  to protect underground facilities and the existence, opera-
     8  tion and programs of  the  one-call  notification  system.    Any  local
     9  government  which  contracts  for  excavation  of underground facilities
    10  shall require the excavator to have completed the training and education
    11  program provided by the one-call notification system  pursuant  to  this
    12  article  or  any other provider authorized by the public service commis-
    13  sion to administer such training and education  program.  Such  training
    14  and  education program shall be made available in-person and online. The
    15  cost of such training and education program shall not exceed twenty-five
    16  dollars and shall not be required more than once per five year period.
    17    § 4. Section 762 of the general business law, as  amended  by  chapter
    18  685 of the laws of 1994, is amended to read as follows:
    19    §  762.  Duties  of  local  [governing  bodies] governments. The local
    20  [governing bodies] governments shall display in an appropriate  location
    21  and  provide a notice to each applicant for an excavation and demolition
    22  permit that informs them about their responsibilities under the law  and
    23  regulations  to protect underground facilities and the existence, opera-
    24  tion and programs of the one-call notification system.
    25    § 5. Section 763 of the general business law is amended  by  adding  a
    26  new subdivision 4 to read as follows:
    27    4.  Any  operator  which  performs  or contracts for the excavation of
    28  underground facilities shall require the excavator to have completed the
    29  training and education program provided  by  the  one-call  notification
    30  system  pursuant to this article or any other provider authorized by the
    31  public service commission to  administer  such  training  and  education
    32  program.  Such  training  and  education program shall be made available
    33  in-person and online.  The cost of such training and  education  program
    34  shall not exceed twenty-five dollars and shall not be required more than
    35  once  per  five  year  period. In the case of an operator subject to the
    36  jurisdiction of the public service commission, a training and  education
    37  program  that  is  subject  to audit by the department of public service
    38  shall also satisfy the requirement herein.
    39    § 6. Subdivision 5 of section 764 of  the  general  business  law,  as
    40  amended  by  chapter  685  of  the  laws  of 1994, is amended to read as
    41  follows:
    42    5. In the event of contact with and/or damage to an underground facil-
    43  ity, the excavator shall immediately notify the operator of the facility
    44  and no backfilling shall be  done  by  the  excavator  until  inspection
    45  and/or  repairs  have  been made by the operator and no repairs shall be
    46  undertaken by the excavator until authorized by  the  operator.  In  the
    47  event  of  an  electrical short or the escape of gas or hazardous fluids
    48  endangering life, the excavator shall immediately notify the operator of
    49  the electric, gas or hazardous liquid underground facility and the  fire
    50  department,  and  all  persons who might be endangered and assist in the
    51  evacuation of such persons.
    52    § 7. The public service commission shall be authorized  to  promulgate
    53  rules and regulations necessary to implement the provisions of this act.
    54    §  8. Any one-call notification system or other approved provider that
    55  provides a training and education program pursuant to sections  762  and
    56  763  of  the general business law shall report annually to the governor,

        A. 9985                             3
 
     1  the temporary president of the senate, and the speaker of the  assembly.
     2  Such  report  shall include but not be limited to the following informa-
     3  tion: the number of incidents involving contact with or damage to under-
     4  ground  facilities  for  the  five  year period prior to the requirement
     5  established herein that certain excavators  complete  the  training  and
     6  education  program,  the  number  of incidents involving contact with or
     7  damage to underground facilities after such requirement was enacted, the
     8  number of training and  education  program  certifications  issued  each
     9  month  of  the preceding year, a breakdown of the number of training and
    10  education programs provided in-person and online, an account of incurred
    11  expenses for the training and education program, the  revenues  received
    12  from  the  fees charged for such program, and any other information that
    13  the one-call notification system  deems  necessary.  The  department  of
    14  public  service  shall  cooperate  in  providing  any data, which is not
    15  directly reported to the one-call notification system, that is  required
    16  for such report.
    17    § 9. This act shall take effect on the one hundred eightieth day after
    18  it  shall  have  become  a law; provided, however, that section three of
    19  this act shall expire and be deemed repealed October 1, 2021  when  upon
    20  such date section four of this act shall take effect; provided, further,
    21  however,  that  sections  five, seven and eight of this act shall expire
    22  and be deemed repealed October 1, 2021.
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