STATE OF NEW YORK
________________________________________________________________________
10001
IN ASSEMBLY
March 7, 2018
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Introduced by M. of A. PAULIN, ABINANTI, GALEF, SEAWRIGHT, COLTON,
D'URSO, ORTIZ -- Multi-Sponsored by -- M. of A. COOK, GLICK -- read
once and referred to the Committee 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
25 any contributing factors. In the event the department of public service
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07596-01-7
A. 10001 2
1 determines not to investigate the incident, it shall set forth the
2 reasons for its decision. Nothing in this section shall be construed to
3 affect or modify the authority of the public service commission under
4 state or federal law.
5 § 3. This act shall take effect immediately.
