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S03743 Summary:

BILL NOS03743
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSR
 
MLTSPNSR
 
Amd 760, 761, 762, 763 & 764, Gen Bus L
 
Relates to the one-call notification system.
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S03743 Actions:

BILL NOS03743
 
01/26/2017REFERRED TO CONSUMER PROTECTION
04/04/20171ST REPORT CAL.548
04/09/20172ND REPORT CAL.
04/24/2017ADVANCED TO THIRD READING
06/21/2017COMMITTED TO RULES
01/03/2018REFERRED TO CONSUMER PROTECTION
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S03743 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3743
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2017
                                       ___________
 
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN ACT to amend the general business law, in relation  to  the  one-call
          notification system
 
          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 added 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.
                                                                   LBD07563-01-7

        S. 3743                             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.
    13    §  4.  Section  763 of the general business law is amended by adding a
    14  new subdivision 4 to read as follows:
    15    4. Any operator which performs or  contracts  for  the  excavation  of
    16  underground facilities shall require the excavator to have completed the
    17  training  and  education  program  provided by the one-call notification
    18  system pursuant to this article or pursuant to a  written  qualification
    19  program required in 16 NYCRR Part 255.
    20    §  5.  Subdivision  5  of  section 764 of the general business law, as
    21  amended by chapter 685 of the laws  of  1994,  is  amended  to  read  as
    22  follows:
    23    5. In the event of contact with and/or damage to an underground facil-
    24  ity, the excavator shall immediately notify the operator of the facility
    25  and  no  backfilling  shall  be  done  by the excavator until inspection
    26  and/or repairs have been made by the operator and no  repairs  shall  be
    27  undertaken  by  the  excavator  until authorized by the operator. In the
    28  event of an electrical short or the escape of gas  or  hazardous  fluids
    29  endangering life, the excavator shall immediately notify the operator of
    30  the  electric, gas or hazardous liquid underground facility and the fire
    31  department, and all persons who might be endangered and  assist  in  the
    32  evacuation of such persons.
    33    § 6. This act shall take effect immediately.
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