NY State Assembly Bill 2017-A3771B

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2018	enacting clause stricken
Jan 03, 2018	referred to ways and means
Jun 16, 2017	print number 3771b
Jun 16, 2017	amend (t) and recommit to ways and means
Jun 07, 2017	reported referred to ways and means
May 30, 2017	print number 3771a
May 30, 2017	amend and recommit to corporations, authorities and commissions
Jan 30, 2017	referred to corporations, authorities and commissions

Bill Amendments

Original

B (Active)

2017-A3771 - Details

See Senate Version of this Bill:: S6756
Law Section:: General Business Law
Laws Affected:: Amd §§760, 761, 762, 763 & 764, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:: A10499

2017-A3771 - Summary

Relates to the one-call notification system.

2017-A3771 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3771
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- 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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07563-01-7

 A. 3771                             2
 
   § 3. Section 762 of the general business law, as  amended  by  chapter
 685 of the laws of 1994, is amended to read as follows:
   §  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.
   §  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.
   §  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.
   § 6. This act shall take effect immediately.

co-Sponsors

2017-A3771A - Details

See Senate Version of this Bill:: S6756
Law Section:: General Business Law
Laws Affected:: Amd §§760, 761, 762, 763 & 764, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:: A10499

2017-A3771A - Summary

Relates to the one-call notification system.

2017-A3771A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3771--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee   on   Corporations,  Authorities  and  Commissions  --  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

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

                                                            LBD07563-08-7

 A. 3771--A                          2
 
 tioning such costs, the system shall take into  account  the  number  of
 customers, extent of underground facilities and frequency of use.
   §  3.   Section 762 of the general business law, as amended by chapter
 685 of the laws of 1994, is amended to read as follows:
   § 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.
   §  4.  Section  762 of the general business law, as amended by section
 three of this act, is amended to read as follows:
   § 762. Duties  of  local  governments.  The  local  governments  shall
 display  in  an appropriate location and provide a notice to each appli-
 cant for an excavation and demolition permit  that  informs  them  about
 their  responsibilities  under the law and regulations to protect under-
 ground facilities and the existence, operation 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. SUCH TRAINING AND EDUCA-
 TION PROGRAM SHALL BE MADE AVAILABLE IN-PERSON AND ONLINE.
   § 5. 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. SUCH TRAINING AND EDUCATION PROGRAM
 SHALL BE MADE AVAILABLE IN-PERSON AND ONLINE.
   § 6. 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.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  four  and five of this act shall expire and be deemed repealed
 October 1, 2020.

co-Sponsors

2017-A3771B (ACTIVE) - Details

See Senate Version of this Bill:: S6756
Law Section:: General Business Law
Laws Affected:: Amd §§760, 761, 762, 763 & 764, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:: A10499

2017-A3771B (ACTIVE) - Summary

Relates to the one-call notification system.

2017-A3771B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3771--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. DINOWITZ, VANEL -- read once and referred to the
   Committee on Corporations, Authorities and  Commissions  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- reported and referred to the Committee on Ways
   and Means -- 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:
 
   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.
   §  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 amended 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-

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

                                                            LBD07563-12-7

 A. 3771--B                          2

 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.
   § 3. Section 762 of the general business law, as  amended  by  chapter
 685 of the laws of 1994, is amended to read as follows:
   §  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  OR  ANY OTHER PROVIDER AUTHORIZED BY THE PUBLIC SERVICE COMMIS-
 SION TO ADMINISTER SUCH TRAINING AND EDUCATION  PROGRAM.  SUCH  TRAINING
 AND  EDUCATION PROGRAM SHALL BE MADE AVAILABLE IN-PERSON AND ONLINE. THE
 COST OF SUCH TRAINING AND EDUCATION PROGRAM SHALL NOT EXCEED TWENTY-FIVE
 DOLLARS AND SHALL NOT BE REQUIRED MORE THAN ONCE PER FIVE YEAR PERIOD.
   § 4. Section 762 of the general business law, as  amended  by  chapter
 685 of the laws of 1994, is amended to read as follows:
   §  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.
   § 5. 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 ANY OTHER PROVIDER AUTHORIZED BY THE
 PUBLIC SERVICE COMMISSION TO  ADMINISTER  SUCH  TRAINING  AND  EDUCATION
 PROGRAM.  SUCH  TRAINING  AND  EDUCATION PROGRAM SHALL BE MADE AVAILABLE
 IN-PERSON AND ONLINE.  THE COST OF SUCH TRAINING AND  EDUCATION  PROGRAM
 SHALL NOT EXCEED TWENTY-FIVE DOLLARS AND SHALL NOT BE REQUIRED MORE THAN
 ONCE  PER  FIVE  YEAR  PERIOD. IN THE CASE OF AN OPERATOR SUBJECT TO THE
 JURISDICTION OF THE PUBLIC SERVICE COMMISSION, A TRAINING AND  EDUCATION
 PROGRAM  THAT  IS  SUBJECT  TO AUDIT BY THE DEPARTMENT OF PUBLIC SERVICE
 SHALL ALSO SATISFY THE REQUIREMENT HEREIN.
   § 6. 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.

 A. 3771--B                          3
 
   § 7. The public service commission shall be authorized  to  promulgate
 rules and regulations necessary to implement the provisions of this act.
   §  8. Any one-call notification system or other approved provider that
 provides a training and education program pursuant to sections  762  and
 763  of  the general business law shall report annually to the governor,
 the temporary president of the senate, and the speaker of the  assembly.
 Such  report  shall include but not be limited to the following informa-
 tion: the number of incidents involving contact with or damage to under-
 ground facilities for the five year  period  prior  to  the  requirement
 established  herein  that  certain  excavators complete the training and
 education program, the number of incidents  involving  contact  with  or
 damage to underground facilities after such requirement was enacted, the
 number  of  training  and  education  program certifications issued each
 month of the preceding year, a breakdown of the number of  training  and
 education programs provided in-person and online, an account of incurred
 expenses  for  the training and education program, the revenues received
 from the fees charged for such program, and any other  information  that
 the  one-call  notification  system  deems  necessary. The department of
 public service shall cooperate in  providing  any  data,  which  is  not
 directly  reported to the one-call notification system, that is required
 for such report.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however,  that  section  three  of
 this  act  shall expire and be deemed repealed October 1, 2020 when upon
 such date section four of this act shall take effect; provided, further,
 however, that sections five, seven and eight of this  act  shall  expire
 and be deemed repealed October 1, 2020.

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Assembly Bill A3771B

Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

2017-A3771 - Details

2017-A3771 - Summary

2017-A3771 - Bill Text download pdf

co-Sponsors

2017-A3771A - Details

2017-A3771A - Summary

2017-A3771A - Bill Text download pdf

co-Sponsors

2017-A3771B (ACTIVE) - Details

2017-A3771B (ACTIVE) - Summary

2017-A3771B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A3771B

Share this bill

Sponsored By

DINOWITZ

Archive: Last Bill Status - Stricken

Bill Amendments

2017-A3771 - Details

2017-A3771 - Summary

2017-A3771 - Bill Text download pdf

co-Sponsors

Clyde Vanel

2017-A3771A - Details

2017-A3771A - Summary

2017-A3771A - Bill Text download pdf

co-Sponsors

Clyde Vanel

Sandy Galef

2017-A3771B (ACTIVE) - Details

2017-A3771B (ACTIVE) - Summary

2017-A3771B (ACTIVE) - Bill Text download pdf

Comments