What's happening
This bill updates the one-call notification system law, requiring excavators to complete safety training and expanding notification requirements for local governments and operators.
Why it matters
Expands who must receive one-call system notifications. By redefining "local government" and requiring broader notification and cooperation, more towns, cities, villages, counties, and public authorities will be included, increasing awareness and oversight of underground facility safety.
Mandates safety training for excavators on public contracts. Excavators working on local government and operator-contracted projects must complete specialized safety training, aiming to reduce accidents, improve compliance, and ensure workers understand their legal obligations.
Changes cost-sharing rules for system members. The bill clarifies that local governments and public authorities with small water systems are exempt from certain costs, potentially reducing financial burdens on smaller or rural communities and shifting more costs to larger system members.
Enhances emergency response requirements. Excavators must now notify both the facility operator and the fire department if an incident involves electrical shorts or hazardous leaks, aiming to improve public safety and the speed of emergency responses.
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Who cares
Headline styles
Strengthen Utility Dig Safety
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.935
- Referred to consumer protection
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.548
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3743
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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 Assembly, 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 [municipalities] local governments and public authorities that operate underground facilities and any operator of underground facilities that provides water service to less than four thousand customers. In apportioning 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
S. 3743 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, 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.
§ 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 facility, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the one-call notification system
Purpose or general idea of bill
To provide that any local government or operator that contracts for excavation to require the excavator to complete a training and education program.
Summary of specific provisions
Sections one and two of the bill makes a technical and clarifying amendment by replacing the term "governing body" with "local government".
Section three provides that any local government that contracts with an excavator to excavate underground facilities must require the excavator to complete the one-call notification system training and education program.
Section four provides that any operator that performs excavation work must require the excavator to complete either the one-call notification system or the qualification program pursuant to PSC regulations.
Section five would require an excavator, in the case of an electric short or a gas or hazardous material leak, to notify the local fire department.
Section six provides that this act shall take effect immediately.
Justification
Every year, damage caused by excavation equipment results in thousands of interruptions to utility services and in millions of dollars in unnecessary costs to municipalities. This bill would require any municipality or operator that engages in excavation work to require its excavators to complete a training and education program. This mandate should greatly reduce the number of excavation-related accidents, and provide greater public safety and protection.
Prior legislative history
Passed Senate last year - died in Assembly.
Fiscal implications
None to taxpayers.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.