BILL NUMBER:S4862                    Revised 04/23/15

TITLE OF BILL:

An act to amend chapter 522 of the laws of 2000, amending the state
finance law and the general business law relating to establishing the
underground facilities safety training account, in relation to extending
provisions of law relating to the underground facilities safety training
account; and to amend the general business law, in relation to
protection of underground utility facilities

PURPOSE:

To extend provisions of law relating to the underground facilities safe-
ty training account from October 1, 2015 until October 1, 2020; and to
require that any municipality which contracts for excavation of under-
ground facilities shall require the excavator to have completed the
training and education program provided by the state's one-call notifi-
cation system.

SUMMARY OF PROVISIONS:

Section 1 amends section 4 of Chapter 522 of the laws of 2000, as
amended by Chapter 707 of the laws of 2005 and Chapter 372 of the laws
of 2010, to extend provisions of law relating to the underground facili-
ties safety training account from October 1, 2015 until October 1, 2020.
              

Section 2 amends section 762 of the general business law, as amended by
Chapter 685 of the laws of 1994, to require than any municipality 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.

JUSTIFICATION:

The Underground Facilities Safety Training Account (UFSTA) and one-call
notification system established by the State in 2000 has made signif-
icant progress in reducing the number of accidents involving underground
utility facilities by providing contractors and others who have occasion
to do underground excavation with a single entity to which they can go
to ascertain the location of all underground facilities in the area in
which they plan to dig.  However, the great majority of accidents which
do occur with such facilities are still caused by those excavators who
are ignorant of, or choose not to avail themselves of, the one-call
system. The availability of funding through the UFSTA has been success-
ful in providing training and education to operators and excavators on
the requirements and procedures for the protection of underground facil-
ities. The UFSTA receives penalty revenues from excavators or operators
found to have violated provision of law related to the State's one-call
notification system. Specifically, excavators are required to contact
the one-call system prior to digging and operators of underground facil-
ities (primarily utilities) are required to accurately mark the location
of their respective facilities. Revenues deposited into the account can

be appropriated for training and education on the requirements and
procedures for protection of underground facilities.

This bill would establish a new requirement whereby any municipality
that contracts for excavation of underground facilities shall require
the excavator to have completed the training and education program
provided by the two one-call notification systems in New York State (Dig
Safely in New York covering all counties except those in New York City
and on Long Island, and NYC One-Call of New York City covering the seven
counties of New York City and Long Island) in order to ensure that prop-
er precautions are taken to avoid accidents.  Most excavators will have
already taken such training as part of their overall excavation train-
ing.

LEGISLATIVE HISTORY:

Chapter 522 of 2000, Chapter 707 of 2005, Chapter 372 of 2010. The
current law expires on October 1, 2015.

FISCAL IMPLICATIONS:

This bill will reduce New York energy costs while having a very minimal
impact on the state's general revenue.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Section 1 shall take effect thirty days after it shall have become a law
and shall expire and be deemed repealed October 1, 2020. Section 2 shall
take effect immediately.

                                BILL NUMBER:S4862A

TITLE OF BILL:

An act to amend the general business law, in relation to protection of
underground utility facilities

PURPOSE:

To require that any-municipality which contracts for excavation of
underground facilities shall require the excavator to have completed
the training and education program provided by the state's one-call
notification system.

SUMMARY OF PROVISIONS:

Section 1 amends section 762 of the general business law, as amended
by Chapter 685 of the laws of 1994, to require than any municipality
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.

JUSTIFICATION:

The Underground Facilities Safety Training Account (UFSTA) and
one-call notification system established by the State in 2000 has made
              

significant progress in reducing the number of accidents involving
underground utility facilities by providing contractors and others who
have occasion to do underground excavation with a single entity to
which they can go to ascertain the location of all underground
facilities in the area in which they plan to dig.  However, the great
majority of accidents which do occur with such facilities are still
caused by those excavators who are ignorant of, or choose not to avail
themselves of, the one-call system. The availability of funding
through the UFSTA has been successful in providing training and
education to operators and excavators on the requirements and
procedures for the protection of underground facilities. The UFSTA
receives penalty revenues from excavators or operators found to have
violated provision of law related to the State's one-call notification
system. Specifically, excavators are required to contact the one-call
system prior to digging and operators of underground facilities
(primarily utilities) are required to accurately mark the location of
their respective facilities. Revenues deposited into the account can
be appropriated for training and education on the requirements and
procedures for protection of underground facilities.

This bill would establish a new requirement whereby any municipality
that contracts for excavation of underground facilities shall require
the excavator to have completed the training and education program
provided by the two one-call notification systems in New York State
(Dig Safely in New York covering all counties except those in New York
City and on Long Island, and NYC One-Call of New York City covering
the seven counties of New York City and Long Island) in order to
ensure that proper precautions are taken to avoid accidents.  Most
excavators will have already taken such training as part of their
overall excavation training.


LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

This bill will reduce New York energy costs while having a very
minimal impact on the state's general revenue.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred and twentieth day after
it shall have become a law.

                                BILL NUMBER:S4862B

TITLE OF BILL:

An act to amend the general business law, in relation to protection of
underground utility facilities

PURPOSE:

To require that any municipality or operator of an underground
facility, which contracts for excavation of underground facilities
shall require the excavator to have completed the training and
education program provided by the state's one-call notification
system.

SUMMARY OF PROVISIONS:

Section 1 amends section 762 of the general business law, as amended
by Chapter 685 of the laws of 1994, to require than any municipality
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.

Section 2 adds a new paragraph 4 to section 763 of the general
business law to establish the same requirement for any operator of an
underground facility (primarily a utility).
              

JUSTIFICATION:

The Underground Facilities Safety Training Account (UFSTA) and
one-call notification system established by the State in 2000 has made
significant progress in reducing the number of accidents involving
underground utility facilities by providing contractors and others who
have occasion to do underground excavation with a single entity to
which they can go to ascertain the location of all underground
facilities in the area in which they plan to dig. However, the great
majority of accidents which do occur with such facilities are still
caused by those excavators who are ignorant of, or choose not to avail
themselves of, the one-call system. The availability of funding
through the UFSTA has been successful in providing training and
education to operators and excavators on the requirements and
procedures for the protection of underground facilities.  The UFSTA
receives penalty revenues from excavators or operators found to have
violated provision of law related to the State's one-call notification
system. Specifically, excavators are required to contact the one-call
system prior to digging and operators of underground facilities
(primarily utilities) are required to accurately mark the location of
their respective facilities. Revenues deposited into the account can
be appropriated for training and education on the requirements and
procedures for protection of underground facilities.

This bill would establish a new requirement whereby any municipality
or underground facility operator that contracts for excavation of
underground facilities shall require the excavator to have completed
the training and education program provided by the two one-call
notification systems in New York State (Dig Safely in New York
covering all counties except those in New York City and on Long


Island, and NYC One-Call of New York City covering the seven counties
of New York City and Long Island) in order to ensure that proper
precautions are taken to avoid accidents. Most excavators will have
already taken such training as part of their overall excavation
training.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

This bill will reduce New York energy costs while having a very
minimal impact on the state's general revenue.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately after it shall have become a
law.