S T A T E   O F   N E W   Y O R K
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                                  10499

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

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:

  Section 1. Subdivision 9 of section 760 of the general  business  law,
as  amended  by  chapter  685 of the laws of 1994, is amended to read as
follows:
  9. "Local [governing body] GOVERNMENT" means a COUNTY, town [or], city
[outside the city of New York or a county within the city of  New  York]
OR VILLAGE.
  S  2. Paragraph d of subdivision 2 and subdivision 3 of section 761 of
the general business law, paragraph d of subdivision  2  as  amended  by
chapter  215  of  the laws of 1996 and subdivision 3 as added by chapter
685 of the laws of 1994, are added to read as follows:
  d. Provide local [governing bodies]  GOVERNMENTS  with  the  telephone
number  of  the  system and a sample or model notice informing operators
and excavators of the system  and  their  responsibilities  relating  to
protection  of  underground  facilities; cooperate with local [governing
bodies] GOVERNMENTS to encourage their participation in  the  system  to
assure that when permits involving excavation and demolition are issued,
excavators  and operators receive information about the system and about
their obligations to protect underground facilities;
  3. Costs. The costs of  operating  the  system  shall  be  apportioned
equitably  among the members of the system, with the exception of [muni-
cipalities] LOCAL GOVERNMENTS and PUBLIC authorities that operate under-
ground facilities  and  any  operator  of  underground  facilities  that
provides  water  service to less than four thousand customers. In appor-
tioning such costs, the system shall take into  account  the  number  of
customers, extent of underground facilities and frequency of use.
  S  3.  Section  762 of the general business law, as amended by chapter
685 of the laws of 1994, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14677-02-6
              

A. 10499                            2

  S 762. Duties of local [governing  bodies]  GOVERNMENTS.    The  local
[governing  bodies] GOVERNMENTS 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, opera-
tion and programs of  the  one-call  notification  system.    ANY  LOCAL
GOVERNMENT  WHICH  CONTRACTS  FOR  EXCAVATION  OF UNDERGROUND FACILITIES
SHALL REQUIRE THE EXCAVATOR TO HAVE COMPLETED THE TRAINING AND EDUCATION
PROGRAM PROVIDED BY THE ONE-CALL NOTIFICATION SYSTEM  PURSUANT  TO  THIS
ARTICLE.
  S  4.  Section  763 of the general business law is amended by adding a
new subdivision 4 to read as follows:
  4. ANY OPERATOR WHICH PERFORMS OR  CONTRACTS  FOR  THE  EXCAVATION  OF
UNDERGROUND FACILITIES SHALL REQUIRE THE EXCAVATOR TO HAVE COMPLETED THE
TRAINING  AND  EDUCATION  PROGRAM  PROVIDED BY THE ONE-CALL NOTIFICATION
SYSTEM PURSUANT TO THIS ARTICLE OR PURSUANT TO A  WRITTEN  QUALIFICATION
PROGRAM REQUIRED IN 16 NYCRR PART 255.
  S  5.  Subdivision  5  of  section 764 of the general business law, as
amended by chapter 685 of the laws  of  1994,  is  amended  to  read  as
follows:
  5. In the event of contact with and/or damage to an underground facil-
ity, 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 THE FIRE
DEPARTMENT, and all persons who might be endangered and  assist  in  the
evacuation of such persons.
  S 6. This act shall take effect immediately.