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S5163Senate2019-2020 SessionSame asA7287

Report Underground Utility Damage

Official title

“Relates to notification by an excavator of damage to an underground facility”

Sponsor Leroy ComrieSD-14Affects Public Safety & Consumer Affairs
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A7287

What's happening

This bill requires excavators to notify 911, instead of the fire department, when underground facility damage causes dangerous gas or electrical hazards.

Why it matters

  1. Shifts emergency notification responsibility to 911. , potentially streamlining and speeding up the response to dangerous gas leaks or electrical hazards caused by excavation, since 911 is the central emergency dispatch rather than just the local fire department.

  2. Aims to reduce confusion for excavators and first responders. by providing a clear, universal point of contact (911) in emergencies, which may lead to more consistent and effective emergency management across different jurisdictions.

  3. Could impact public safety outcomes. by ensuring that a broader range of emergency services (fire, police, medical) are alerted simultaneously when there’s an excavation-related hazard, rather than relying solely on the fire department’s response.

  4. Highlights the importance of modernizing communication protocols. in line with how the public and professionals are trained to report emergencies, which may help prevent delays or missed notifications in critical situations.

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Who cares

Headline styles

Report Underground Utility Damage

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Leroy Comrie

Senator · Senate District 14

Chair, Corporations, Authorities And Commissions

No co-sponsors yet.

History

  1. Substituted by A7287
  2. Ordered to third reading cal.1189
  3. Committee discharged and committed to rules
  4. Referred to consumer protection

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.

A7287Assembly

Excavators Must Call 911

Signed by Governor · Sponsor Amy Paulin

Impact 3 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5163

2019-2020 Regular Sessions

IN SENATE

April 11, 2019

Introduced by Sen. COMRIE -- 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 notification by an excavator of damage to an underground facility

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 5 of section 764 of the general business law, as amended by chapter 333 of the laws of 2018, 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] 911, and all persons who might be endangered and assist in the evacuation of such persons.

§ 2. This act shall take effect on the same date and in the same manner as section 6 of chapter 333 of the laws of 2018, takes effect.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10938-01-9

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 notification by an excavator of damage to an underground facility

Purpose or general idea of bill

To require excavators to call 911 in the event of an emergency.

Summary of specific provisions

Section one amends subdivision 5 of section 764 of the general business law, as amended by Chapter 333 of the laws of 2018, to require excava- tors to immediately notify 911 in the event of an electrical short or the escape of gas or hazardous fluids endangering life.

Justification

This legislation amends chapter 333 of the laws of 2018 to require exca- vators to immediately notify 911, instead of the fire department, in the event of an electrical short or escape of gas or hazardous fluids endan- gering life. Calling 911 is preferable during such an emergency and will ensure the most prompt response, since fire departments throughout the state do not always have someone at all hours answering phone calls. Requiring excavators to notify the fire department instead of 911 would cause a delay in getting first responders to a scene. Even if a fire department does answer a call, the call would still need to be dispatched over to 911, taking critical time away during an emergency.

In addition, this bill will make the law consistent with current state regulations, which require excavators to immediately notify 911 in the event of an emergency. (See 16 NYCRR 753-3.14). Every moment counts during an emergency and requiring that calls go to 911 w ill better ensure the safety of those working in the field as well as the impacted public.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the same date and in the same manner as section 6 of Chapter 333 of the laws of 2018, takes effect.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.