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S06756 Summary:

BILL NOS06756A
 
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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S06756 Actions:

BILL NOS06756A
 
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
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S06756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6756--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07563-15-8

        S. 6756--A                          2
 
     1  ground  facilities  and  any  operator  of  underground  facilities that
     2  provides water service to less than four thousand customers.  In  appor-
     3  tioning  such  costs,  the  system shall take into account the number of
     4  customers, extent of underground facilities and frequency of use.
     5    §  3.  Section  762 of the general business law, as amended by chapter
     6  685 of the laws of 1994, is amended to read as follows:
     7    § 762. Duties of  local  [governing  bodies]  governments.  The  local
     8  [governing  bodies] governments shall display in an appropriate location
     9  and provide a notice to each applicant for an excavation and  demolition
    10  permit  that informs them about their responsibilities under the law and
    11  regulations to protect underground facilities and the existence,  opera-
    12  tion  and  programs  of  the  one-call  notification system.   Any local
    13  government which contracts  for  excavation  of  underground  facilities
    14  shall require the excavator to have completed the training and education
    15  program  provided  by  the one-call notification system pursuant to this
    16  article or any other provider authorized by the public  service  commis-
    17  sion  to  administer  such training and education program. Such training
    18  and education program shall be made available in-person and online.  The
    19  cost of such training and education program shall not exceed twenty-five
    20  dollars and shall not be required more than once per five year period.
    21    §  4.  Section  762 of the general business law, as amended by chapter
    22  685 of the laws of 1994, is amended to read as follows:
    23    § 762. Duties of  local  [governing  bodies]  governments.  The  local
    24  [governing  bodies] governments shall display in an appropriate location
    25  and provide a notice to each applicant for an excavation and  demolition
    26  permit  that informs them about their responsibilities under the law and
    27  regulations to protect underground facilities and the existence,  opera-
    28  tion and programs of the one-call notification system.
    29    §  5.  Section  763 of the general business law is amended by adding a
    30  new subdivision 4 to read as follows:
    31    4. Any operator which performs or  contracts  for  the  excavation  of
    32  underground facilities shall require the excavator to have completed the
    33  training  and  education  program  provided by the one-call notification
    34  system pursuant to this article or any other provider authorized by  the
    35  public  service  commission  to  administer  such training and education
    36  program. Such training and education program  shall  be  made  available
    37  in-person  and online.   The cost of such training and education program
    38  shall not exceed twenty-five dollars and shall not be required more than
    39  once per five year period. In the case of an  operator  subject  to  the
    40  jurisdiction  of the public service commission, a training and education
    41  program that is subject to audit by the  department  of  public  service
    42  shall also satisfy the requirement herein.
    43    §  6.  Subdivision  5  of  section 764 of the general business law, as
    44  amended by chapter 685 of the laws  of  1994,  is  amended  to  read  as
    45  follows:
    46    5. In the event of contact with and/or damage to an underground facil-
    47  ity, the excavator shall immediately notify the operator of the facility
    48  and  no  backfilling  shall  be  done  by the excavator until inspection
    49  and/or repairs have been made by the operator and no  repairs  shall  be
    50  undertaken  by  the  excavator  until authorized by the operator. In the
    51  event of an electrical short or the escape of gas  or  hazardous  fluids
    52  endangering life, the excavator shall immediately notify the operator of
    53  the  electric, gas or hazardous liquid underground facility and the fire
    54  department, and all persons who might be endangered and  assist  in  the
    55  evacuation of such persons.

        S. 6756--A                          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, 2021 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, 2021.
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