What's happening
This bill requires operators to promptly notify the Department of Public Service of any underground facility damage incidents and mandates public posting of investigation decisions.
Why it matters
Increases transparency and public accountability. by requiring that both the decision to investigate or not investigate underground facility damage incidents—and the reasons behind those decisions—be posted publicly on the Department of Public Service’s website.
Creates a standardized, prompt reporting protocol. for operators, which could lead to faster detection of safety hazards, environmental risks, or recurring issues with underground infrastructure, potentially preventing future incidents and improving public safety.
Enables more consistent regulatory oversight. by ensuring that all damage incidents are brought to the attention of the Department of Public Service, giving regulators a clearer picture of risks, trends, and operator compliance across the state.
Preserves existing regulatory powers. by clarifying that these new reporting requirements do not diminish the authority of the Public Service Commissioner or Public Service Commission under state or federal law, maintaining the current regulatory framework while increasing information flow.
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Who cares
Headline styles
Report Underground Utility Damage
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
2 Multi-sponsors
History
- Enacting clause stricken
- Referred to ways and means
- Reported referred to ways and means
- Reported referred to codes
- Referred to corporations, authorities and commissions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3621
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. DINOWITZ -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law and the general business law, in relation to requiring the notification of the department of public service of an incident involving damage to any underground facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 119-b of the public service law is amended by adding a new subdivision 9 to read as follows:
9. Notwithstanding any general or special law to the contrary, each operator shall give notice to the department of each incident involving damages to underground facilities at the earliest practicable moment following discovery of said incident, in such form as the department may require. Within sixty days of notice of an incident under this section and after a preliminary investigation, the department shall post a notice on its website describing whether it will investigate the incident to determine its cause or causes and any contributing factors. In the event the department determines not to investigate the incident, it shall set forth the reasons for its decision. Nothing in this section shall be construed to affect or modify the authority of the commissioner under state or federal law.
§ 2. Section 763 of the general business law is amended by adding a new subdivision 4 to read as follows:
4. Notwithstanding any general or special law to the contrary, each operator shall give notice to the department of public service of each incident involving damages to underground facilities at the earliest practicable moment following discovery of said incident, in such form as such department may require. Within sixty days of notice of an incident under this section and after a preliminary investigation, the department of public service shall post a notice on its website describing whether it will investigate the incident to determine its cause or causes and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07596-01-7
A. 3621 2
any contributing factors. In the event the department of public service determines not to investigate the incident, it shall set forth the reasons for its decision. Nothing in this section shall be construed to affect or modify the authority of the public service commission under state or federal law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.