§ 763. Duties of operators. 1. Every operator shall participate in a
one-call notification system.

2. Upon receipt of the notification provided for by this article
either directly from the excavator or from the one-call notification
system and pursuant to the rules and regulations adopted by the public
service commission pursuant to section one hundred nineteen-b of the
public service law, an operator shall advise the excavator in a timely
manner of those of its underground facilities that will be affected by
the proposed excavation or demolition.

3. The operator shall accurately and with due care designate within a
reasonable period of time the location of its underground facilities in
the manner and during the time period 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.

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.