What's happening
This bill updates requirements for local governments and contractors regarding excavation safety, mandating training for excavators and annual reporting on underground facility incidents.
Why it matters
Mandates standardized safety training for excavators. The bill requires that anyone performing or contracting for underground excavation must complete a certified training program (available online or in-person), aiming to reduce accidents and ensure all workers are aware of best practices and legal obligations.
Caps training costs and frequency. The cost for required training is limited to $25, and individuals are only required to take it once every five years. This helps control expenses for contractors and local governments while maintaining ongoing safety awareness.
Increases transparency and oversight. The law institutes annual reporting to state leaders, including comprehensive data on underground facility incidents, number of certifications, and financial details of the training programs. This allows policymakers to track effectiveness and identify areas for improvement.
Enhances emergency response protocols. In cases of damage or hazardous incidents (like gas leaks), the bill requires immediate notification not only to the facility operator but also to the fire department and people potentially at risk, prioritizing public safety and rapid response.
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Who cares
Headline styles
Require Excavator Safety Training
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.333
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.229
- Substituted for A9985
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 63–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.600
Show 10 earlier actions
- Print number 6756a
- Amend and recommit to consumer protection
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.2105
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Excavator Safety Training
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6756--A
2017-2018 Regular Sessions
IN SENATE
June 16, 2017
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- 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 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 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 [municipalities] local governments and public authorities that operate under-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07563-15-8
S. 6756--A 2
ground 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.
§ 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 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.
§ 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, operation 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 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.
S. 6756--A 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 information: the number of incidents involving contact with or damage to underground 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, 2021 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, 2021.
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; and providing for the repeal of certain provisions upon expiration thereof
Purpose
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 provisions
Sections one and two of the bill makes a technical and clarifying amend- ment 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. This section also requires the training to be made available in-person and online and sets a cap on the fee that can be charged for such program.
Section four of the bill makes a technical and clarifying amendment by replacing the term "governing body" with "local government".
Section five 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. This section also requires the training to be made available in-person and online, sets a cap on the fee that can be charged for such program, and authorizes certain training and education programs that are subject to DPS audit to satisfy the requirement herein.
Section six would require an excavator, in the case of an electric short or a gas or hazardous material leak, to notify the local fire depart- ment.
Section seven authorizes the Commission to promulgate regulations neces- sary to implement the provisions of the act.
Section eight provides reporting requirements.
Section nine provides that this act shall take effect 180 days after enactment and provides a repeal and enactment date of certain sections on October 1, 2021.
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.
Legislative history
2015-16: S.4862-C- Passed Senate/A.10499 - Referred to Corporations
Fiscal implications
None.
Effective date
180 days after it shall have become law, provided, however, that Section three of this act shall expire and be deemed repealed on October 1, 2021 when upon such date section four shall take effect; provided, further, that sections five, seven and eight shall expire and be deemed repealed October 1, 2021.
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