N.Y. GBS Law § 761 — New York Code / Act GBS / Article 36 / Section 761
One-call notification systems
Status: in_force

§ 761. One-call notification systems. 1. Participation. Every operator\nshall participate in and be responsible for the administration of a\none-call notification system. Any other persons interested in protection\nof underground facilities may also participate in the system.\n  2. Duties. The system shall:\n  a. Receive notices from excavators of proposed excavation and\ndemolition activities and transmit the information contained in such\nnotices to every member that operates an underground facility in the\narea of the proposed activities;\n  b. Establish operating procedures, the technology needed for the\nsystem, a toll-free telephone number that operates on a twenty-four\nhour, seven days a week basis, a notification process and a method for\nassessing costs;\n  c. Maintain adequate records to document compliance with the\nrequirements of this article, including records of notices, which can be\nobtained upon request of any person;\n  d. Provide local governments with the telephone number of the system\nand a sample or model notice informing operators and excavators of the\nsystem and their responsibilities relating to protection of underground\nfacilities; cooperate with local governments to encourage their\nparticipation in the system to assure that when permits involving\nexcavation and demolition are issued, excavators and operators receive\ninformation about the system and about their obligations to protect\nunderground facilities;\n  e. Conduct a customer education program that includes publicizing the\npurpose of the one-call system and its programs, and the obligations of\nexcavators and operators to protect underground facilities;\n  f. Provide services and programs applicable in all areas of the state\nin which underground facilities are located; and\n  g. Conduct programs to provide training and education to operators and\nexcavators on the requirements and procedures for protection of\nunderground facilities.\n  h. Provide any entity which leases excavation equipment to the public\nwith the telephone number of the system and a sample or model notice\ninforming lessees of excavation equipment of the system and their\nresponsibilities relating to the protection of underground facilities;\ncooperate with entities that lease excavation equipment to encourage\ntheir participation in the system to ensure that when lessees lease\nexcavation equipment, such lessees receive information about the system\nand about their obligation to protect underground facilities.\n  3. Costs. The costs of operating the system shall be apportioned\nequitably among the members of the system, with the exception of local\ngovernments and public authorities that operate underground facilities\nand any operator of underground facilities that provides water service\nto less than four thousand customers. In apportioning such costs, the\nsystem shall take into account the number of customers, extent of\nunderground facilities and frequency of use.\n  4. Consumer education programs. Each operator of an underground gas\npipeline or hazardous liquid petroleum facility shall on its own\ninitiative, or through a one-call identification system, conduct a\nprogram to educate the public on the possible hazards associated with\ndamage to facilities and on the importance of reporting gas odors and\nleaks. The system may develop materials suitable for use in such\nprograms.\n