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A03771 Summary:

BILL NOA03771B
 
SAME ASSAME AS S06756
 
SPONSORDinowitz
 
COSPNSRVanel, Galef
 
MLTSPNSR
 
Amd 760, 761, 762, 763 & 764, Gen Bus L
 
Relates to the one-call notification system.
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A03771 Actions:

BILL NOA03771B
 
01/30/2017referred to corporations, authorities and commissions
05/30/2017amend and recommit to corporations, authorities and commissions
05/30/2017print number 3771a
06/07/2017reported referred to ways and means
06/16/2017amend (t) and recommit to ways and means
06/16/2017print number 3771b
01/03/2018referred to ways and means
01/24/2018enacting clause stricken
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A03771 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3771--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, VANEL -- read once and referred to the
          Committee on Corporations, Authorities and  Commissions  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- reported and referred to the Committee on Ways
          and Means -- 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:
 
     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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07563-12-7

        A. 3771--B                          2

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

        A. 3771--B                          3
 
     1    § 7. The public service commission shall be authorized  to  promulgate
     2  rules and regulations necessary to implement the provisions of this act.
     3    §  8. Any one-call notification system or other approved provider that
     4  provides a training and education program pursuant to sections  762  and
     5  763  of  the general business law shall report annually to the governor,
     6  the temporary president of the senate, and the speaker of the  assembly.
     7  Such  report  shall include but not be limited to the following informa-
     8  tion: the number of incidents involving contact with or damage to under-
     9  ground facilities for the five year  period  prior  to  the  requirement
    10  established  herein  that  certain  excavators complete the training and
    11  education program, the number of incidents  involving  contact  with  or
    12  damage to underground facilities after such requirement was enacted, the
    13  number  of  training  and  education  program certifications issued each
    14  month of the preceding year, a breakdown of the number of  training  and
    15  education programs provided in-person and online, an account of incurred
    16  expenses  for  the training and education program, the revenues received
    17  from the fees charged for such program, and any other  information  that
    18  the  one-call  notification  system  deems  necessary. The department of
    19  public service shall cooperate in  providing  any  data,  which  is  not
    20  directly  reported to the one-call notification system, that is required
    21  for such report.
    22    § 9. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law; provided, however,  that  section  three  of
    24  this  act  shall expire and be deemed repealed October 1, 2020 when upon
    25  such date section four of this act shall take effect; provided, further,
    26  however, that sections five, seven and eight of this  act  shall  expire
    27  and be deemed repealed October 1, 2020.
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