S T A T E   O F   N E W   Y O R K
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                                  8411

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the general business law, in  relation  to  establishing
  the "pipeline safety and community empowerment act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "pipeline
safety and community empowerment act".
  S  2.  Section  762 of the general business law, as amended by chapter
685 of the laws of 1994, is amended to read as follows:
  S 762. A. Duties of local governing bodies. The local governing bodies
shall display in an appropriate location and provide a  notice  to  each
applicant  for  an  excavation  and  demolition permit that informs them
about their responsibilities under the law and  regulations  to  protect
underground  facilities and the existence, operation and programs of the
one-call notification system.
  B. THE LOCAL GOVERNING BODY SHALL CONDUCT A PUBLIC HEARING  ABOUT  THE
ISSUANCE OR RENEWAL OF A PERMIT OR APPROVAL OF A LEASE OR OTHER CONTRACT
FOR AN UNDERGROUND FACILITY BEFORE ANY SUCH PERMIT IS ISSUED OR ANY SUCH
LEASE  OR  OTHER  CONTRACT IS APPROVED. NOTICE OF TIME, PLACE AND AGENDA
FOR THE HEARING SHALL BE PUBLICLY PROVIDED UPON CERTIFICATION OF  NOTICE
AS  REQUIRED BY SUBDIVISION FOUR OF SECTION SEVEN HUNDRED SIXTY-THREE OF
THIS ARTICLE AND AT LEAST TWENTY DAYS IN ADVANCE  OF  THE  HEARING.  THE
AGENDA  SHALL IDENTIFY THE OWNER AND OPERATOR OF THE UNDERGROUND FACILI-
TY, ITS REQUEST FOR A PERMIT OR A LEASE OR OTHER CONTRACT,  THE  PRECISE
LOCATION  OF  THE UNDERGROUND FACILITY, ITS USE AND THE NAME OF A PERSON
KNOWLEDGEABLE ABOUT THE HEARING AND CONTACT INFORMATION FOR SUCH PERSON,
INCLUDING OFFICE ADDRESS, E-MAIL ADDRESS,  AND  TELEPHONE  NUMBER,  FROM
WHOM  INFORMATION  ABOUT THE HEARING MAY BE OBTAINED AND TO WHOM WRITTEN
COMMENTS MAY BE SUBMITTED. THE NOTICE AND AGENDA SHALL BE  CONSIDERED  A
PUBLIC RECORD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13112-01-1
              

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  S  3.  Section  763  of  the general business law is amended by adding
three new subdivisions 4, 5 and 6 to read as follows:
  4. PRIOR TO THE HEARING REQUIRED BY SECTION SEVEN HUNDRED SIXTY-TWO OF
THIS  ARTICLE  FOR  THE  RENEWAL OF ANY PERMIT, LEASE OR CONTRACT FOR AN
UNDERGROUND FACILITY, THE OWNER OR OPERATOR SHALL NOTIFY ALL OWNERS  AND
RESIDENTS  OF PROPERTY LOCATED WITHIN TWO THOUSAND FEET OF A PROPOSED OR
EXISTING UNDERGROUND  FACILITY  ABOUT  SUCH  UNDERGROUND  FACILITY,  ITS
PRECISE  LOCATION,  ITS  USE  AND  THE OWNER OR OPERATOR'S REQUEST FOR A
PERMIT, LEASE OR CONTRACT. SUCH NOTICE SHALL BE POSTED ON  THE  WEBSITES
OF  THE  OWNER,  THE  OPERATOR  AND  THE  PUBLIC  SERVICE COMMISSION AND
PUBLISHED IN ACCORDANCE WITH THE RULES AND  REGULATIONS  OF  THE  PUBLIC
SERVICE COMMISSION, TO ALL SUCH OWNERS AND RESIDENTS. AN OWNER AND OPER-
ATOR  SHALL,  IN  ACCORDANCE  WITH  RULES  AND REGULATIONS OF THE PUBLIC
SERVICE COMMISSIONER, CERTIFY TO THE LOCAL GOVERNING  BODY,  ITS  PERMIT
AUTHORITY  AND  THE  PUBLIC SERVICE COMMISSION THAT SUCH NOTICE HAS BEEN
GIVEN.
  5. A. AN OWNER OR OPERATOR SHALL  INSPECT  UNDERGROUND  FACILITIES  TO
DETECT CORROSION AND PIPE STRESS AND OTHERWISE PROVIDE FOR THE SAFETY OF
THE  UNDERGROUND  FACILITIES  PRIOR  TO  THE  ISSUANCE OR RENEWAL OF ANY
PERMIT REQUIRED BY LAW OR LEASE, AT LEAST  ONCE  EVERY  FIVE  YEARS  AND
AFTER AN EVENT OF CONTACT WITH AND/OR DAMAGE TO AN UNDERGROUND FACILITY.
THE  RESULTS OF SUCH INSPECTION SHALL BE INCLUDED IN ANY APPLICATION FOR
A PERMIT AND REPORTED, IN ACCORDANCE WITH RULES AND REGULATIONS  OF  THE
PUBLIC  SERVICE  COMMISSION, TO THE PUBLIC SERVICE COMMISSION, THE LOCAL
GOVERNING BODY WHERE THE UNDERGROUND FACILITY IS  LOCATED  AND  ONE-CALL
NOTIFICATION  SYSTEMS  ESTABLISHED  PURSUANT  TO  SECTION  SEVEN HUNDRED
SIXTY-ONE OF THIS ARTICLE. THE  REPORT  SHALL  BE  CONSIDERED  A  PUBLIC
RECORD  AND  MADE  AVAILABLE  TO THE PUBLIC IN ACCORDANCE WITH RULES AND
REGULATIONS OF THE PUBLIC SERVICE COMMISSION.
  B. AN INSPECTION OF PIPELINES IN UNDERGROUND FACILITIES AS REQUIRED BY
PARAGRAPH A OF THIS SUBDIVISION SHALL BE CONDUCTED WITH AN  INSTRUMENTED
INTERNAL  INSPECTION DEVICE, PROVIDED, HOWEVER, IF SUCH DEVICE CANNOT BE
USED IN A SEGMENT OF A PIPELINE, THE  PUBLIC  SERVICE  COMMISSION  SHALL
REQUIRE  THE  USE  OF  AN ALTERNATIVE INSPECTION METHOD WHICH MUST BE AT
LEAST AS EFFECTIVE AS USING THE DEVICE IN DETECTING CORROSION, DETECTING
PIPE STRESS AND OTHERWISE PROVIDING FOR THE SAFETY OF THE PIPELINE. IF A
SEGMENT OF THE UNDERGROUND FACILITY CANNOT BE INSPECTED WITH THE  DEVICE
OR  ALTERNATIVE METHOD ESTABLISHED BY THE PUBLIC SERVICE COMMISSION, THE
UNDERGROUND FACILITY SHALL NOT OPERATE UNDER HIGH PRESSURE.
  6. THE PUBLIC SERVICE COMMISSION SHALL PRESCRIBE MINIMUM STANDARDS  TO
REQUIRE AN OWNER OR OPERATOR OF A NEWLY CONSTRUCTED OR ENTIRELY REPLACED
UNDERGROUND  FACILITY  TO  INSTALL  AND USE AUTOMATIC OR REMOTE SHUT-OFF
VALVES TO REDUCE THE RISKS IN THE EVENT OF A RUPTURE.
  S 4. Section 764 of the general business law, as  amended  by  chapter
685  of  the laws of 1994, subdivisions 1, 2 and 4 as amended by chapter
445 of the laws of 1995, is amended to read as follows:
  S 764. Duties of excavators. 1. No excavator shall commence or  engage
in any excavation or demolition unless and until timely notice is served
of  the  location  and  date of the proposed excavation or demolition as
provided in this article to operators who maintain  underground  facili-
ties in the area in which the excavation or demolition is to take place.
The provision of such notice to a one-call notification system is deemed
to  be  in  compliance  with  this  section;  and notice to the one-call
notification center is notice to  each  member.  Such  notice  shall  be
served  in  accordance  with  the  rules  and regulations adopted by the

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public service commission pursuant to section one hundred nineteen-b  of
the public service law.
  2.  Prior  to any excavation or demolition, the excavator shall verify
the precise location of the underground facilities in a manner set forth
in the rules and regulations adopted by the  public  service  commission
pursuant to section one hundred nineteen-b of the public service law.
  3.   PRIOR TO ANY EXCAVATION OR DEMOLITION, THE EXCAVATOR SHALL NOTIFY
THE FIRE DEPARTMENT WHICH SERVES THE LOCATION OF THE EXCAVATION OR DEMO-
LITION AND THE OWNER AND RESIDENTS OF COMMERCIAL AND RESIDENTIAL PROPER-
TY IN OR WITHIN ONE HUNDRED FEET OF THE SITE OF THE EXCAVATION OR  DEMO-
LITION ABOUT THE EXCAVATION OR DEMOLITION INCLUDING THE PRECISE LOCATION
OF  THE EXCAVATION OR DEMOLITION, THE DATES AND TIMES FOR THE EXCAVATION
OR DEMOLITION AND THE NAME OF A PERSON  KNOWLEDGEABLE  ABOUT  THE  EXCA-
VATION  OR DEMOLITION AND CONTACT INFORMATION FOR SUCH PERSON, INCLUDING
THE OFFICE ADDRESS, E-MAIL  ADDRESS  AND  TELEPHONE  NUMBER,  FROM  WHOM
INFORMATION  ABOUT  THE  EXCAVATION  OR DEMOLITION CAN BE OBTAINED. SUCH
NOTICE SHALL BE SERVED IN ACCORDANCE  WITH  THE  RULES  AND  REGULATIONS
ADOPTED BY THE PUBLIC SERVICE COMMISSION.
  4.  An  excavator may proceed with such work if he OR SHE has received
notice from each operator notified by the one-call system that it has no
underground facility in or within [fifteen]  ONE  HUNDRED  feet  of  the
proposed  work area or that the operator marked any underground facility
located in or within [fifteen] ONE HUNDRED feet  of  the  proposed  work
area;  PROVIDED,  HOWEVER, THAT AN EXCAVATOR SHALL NOT PROCEED WITH SUCH
WORK UNLESS A REPRESENTATIVE OF THE FIRE DEPARTMENT OF THE LOCAL GOVERN-
ING BODY IS ON THE SITE OF WORK AT ALL TIMES DURING  THE  EXCAVATION  OR
DEMOLITION.
  [4.]  5.  An  excavator  engaged  in excavation or demolition shall be
responsible for protecting and preserving the staking, marking or  other
designation by the operator until no longer required for proper and safe
excavation or demolition work at or near the underground facility, main-
tain clearance between the underground facility, and the cutting edge or
point  of  any equipment to avoid damage to the underground facility and
provide support to and prevent damage to any underground facility or its
protective coating, in the means and according to the methods set  forth
in  the  rules  and regulations adopted by the public service commission
pursuant to section one hundred nineteen-b of the public service law.
  [5.] 6. In the event of contact with and/or damage to  an  underground
facility,  the  excavator  shall  immediately notify the operator of the
facility and no  backfilling  shall  be  done  by  the  excavator  until
inspection  and/or repairs have been made by the operator and no repairs
shall be undertaken by the excavator until authorized by  the  operator.
In  the  event  of an electrical short or the escape of gas or hazardous
fluids endangering life, the  excavator  shall  immediately  notify  the
operator  of  the electric, gas or hazardous liquid underground facility
and all persons who might be endangered and assist in the evacuation  of
such persons.
  S  5. Paragraph a of subdivision 1 of section 765 of the general busi-
ness law, as amended by chapter 685 of the laws of 1994, is  amended  to
read as follows:
  a.  Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [one] FIVE thou-
sand dollars for the first violation and up  to  an  additional  [seven]
FIFTEEN  thousand  [five  hundred] dollars for each succeeding violation
which occurs in connection with the entire self-same excavation or demo-
lition activity within a two month period.

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  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized  and  directed  to  be  made  and completed on or before such
effective date.