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A03621 Summary:

BILL NOA03621
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRColton, Ortiz, Galef, Abinanti
 
MLTSPNSRCook, Glick
 
Amd §119-b, Pub Serv L; amd §763, Gen Bus L
 
Requires notification to the department of public service of any incident involving damage to any underground facility.
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A03621 Actions:

BILL NOA03621
 
01/30/2017referred to corporations, authorities and commissions
02/07/2017reported referred to codes
03/01/2017reported referred to ways and means
01/03/2018referred to ways and means
01/24/2018enacting clause stricken
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A03621 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3621
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN  ACT to amend the public service law and the general business law, in
          relation to requiring the notification of  the  department  of  public
          service of an incident involving damage to any underground facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 119-b of the  public  service  law  is  amended  by
     2  adding a new subdivision 9 to read as follows:
     3    9.  Notwithstanding  any  general or special law to the contrary, each
     4  operator shall give notice to the department of each incident  involving
     5  damages  to  underground  facilities  at the earliest practicable moment
     6  following discovery of said incident, in such form as the department may
     7  require. Within sixty days of notice of an incident under  this  section
     8  and  after  a  preliminary  investigation,  the  department shall post a
     9  notice on its website describing whether it will investigate  the  inci-
    10  dent  to determine its cause or causes and any contributing factors.  In
    11  the event the department determines not to investigate the incident,  it
    12  shall  set  forth  the reasons for its decision. Nothing in this section
    13  shall be construed to affect or modify the authority of the commissioner
    14  under state or federal law.
    15    § 2. Section 763 of the general business law is amended  by  adding  a
    16  new subdivision 4 to read as follows:
    17    4.  Notwithstanding  any  general or special law to the contrary, each
    18  operator shall give notice to the department of public service  of  each
    19  incident  involving  damages  to  underground facilities at the earliest
    20  practicable moment following discovery of said incident, in such form as
    21  such department may require. Within sixty days of notice of an  incident
    22  under this section and after a preliminary investigation, the department
    23  of  public service shall post a notice on its website describing whether
    24  it will investigate the incident to determine its cause  or  causes  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07596-01-7

        A. 3621                             2
 
     1  any  contributing factors. In the event the department of public service
     2  determines not to investigate the  incident,  it  shall  set  forth  the
     3  reasons  for its decision. Nothing in this section shall be construed to
     4  affect  or  modify  the authority of the public service commission under
     5  state or federal law.
     6    § 3. This act shall take effect immediately.
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