NY Pub Serv L § 119-B (2021)
2021 New York Laws PBS - Public Service Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service 119-B - Protection of Underground Facilities.

§ 119-b. Protection  of  underground  facilities.   1. As used in this   section, the following terms shall have the following meanings:a. "Person" means any individual, firm,  corporation,  association  or   partnership,   cooperative   association,  joint  venture,  joint  stock   association, business  trust,  their  lessees,  trustees  or  receivers,   governmental unit or public authority whether or not incorporated.b.  "Excavation"  means  an  operation  for the purpose of movement or   removal of earth, rock or other materials in or on the ground by use  of   mechanized  equipment  or  by blasting, and includes, but is not limited   to,  auguring,  backfilling,  boring,  drilling,  grading,  plowing  in,   pulling  in,  trenching  and  tunneling;  provided,  however,  that  the   movement of earth by tools manipulated only by human or animal power and   the tilling of soil  for  agricultural  purposes  shall  not  be  deemed   excavation.c.  "Demolition"  means  the  wrecking,  razing,  rending,  moving  or   removing of any structure.d. "Underground facilities" means pipelines, conduits, ducts,  cables,   wires,  manholes,  vaults or other such facilities or their attachments,   which have been installed underground by an operator to provide services   or materials. Such term shall not include oil  and  gas  production  and   gathering  pipeline  systems  used  primarily  to  collect  oil  or  gas   production from wells.e. "Excavator" means a person who is engaged in a  trade  or  business   which  includes  the carrying out of excavation or demolition; provided,   however, that an individual employed by  an  excavator,  and  having  no   supervisory  authority,  other  than the routine direction of employees,   over an excavation or demolition, shall not himself or herself be deemed   an excavator for  the  purposes  of  this  article.  In  construing  and   enforcing  the  provisions  of  this article, the act of any employee or   agent of any excavator acting within the scope of his  or  her  official   duties or employment shall be deemed to be the act of such excavator.f.  "Operator"  means a person who operates an underground facility or   facilities to furnish  any  of  the  following  services  or  materials:   electricity,  gases,  steam,  liquid  petroleum  products,  telephone or   telegraph communications,  cable  television,  sewage  removal,  traffic   control systems, or water.g.  "Damages"  means  an  impact  upon  or  removal of support from an   underground facility  consequent  to  excavation  or  demolition  which,   according  to the operating practices of the operator, would necessitate   repair of such facility, destruction of any underground facility or  its   protective  coating, housing or other protective device, and impact with   or severance of an underground facility.h. "One-call notification system" means an  organization  among  whose   purposes  is  establishing  and  carrying out procedures and programs to   protect  underground  facilities  from  damage  due  to  excavation  and   demolition, including but not limited to, receiving notices of intent to   perform  excavation  and demolition, and transmitting the notices to one   or more of  its  member  operators  of  underground  facilities  in  the   specified area.2.  The  commission shall adopt rules and regulations to implement and   carry out the requirements of article thirty-six of the general business   law established for the protection  of  underground  facilities.    Such   rules and regulations shall include, but not be limited to, requirements   for notice, one-call notification systems, participation of operators in   such  systems,  designation  and  marking of the location of underground   facilities and the verification of the designated or marked location  of   underground   facilities,   support   for   underground  facilities  and   obligations of excavators to protect underground facilities  under  such    article,  including  the  use  of  hand-dug  test  holes  at underground   facilities furnishing gas or liquid petroleum products  and  such  other   matters  as  may  be  appropriate  for  the  protection  and security of   property, life or public health, safety or welfare.3.  Such  rules  and  regulations  relating  to  one-call notification   systems  shall  establish  qualifications  for  the  operation  of  such   systems.4. The rules and regulations adopted pursuant to this section shall be   in  accordance  with the provisions of article thirty-six of the general   business law.5. Any person operating a one-call system in the state shall  register   with  and obtain certification from the commission. The commission shall   have the power to grant, amend,  or  revoke  certificates  of  any  such   system.  Any  one-call  system  engaged  in  business  on  or before the   effective  date  of  this  subdivision,  after  registration  with   the   commission,  shall  be  registered, certified and authorized to continue   its business operations.6. The commission shall have power, through  the  inspectors  or  duly   authorized   employees   of  the  department,  to  examine  and  inspect   excavation and demolition methods used by any person within fifteen feet   in any direction of any underground pipeline used for conveying  natural   gas  or  of any underground telephone, electric, steam or water facility   used for providing service and to order compliance  with  the  standards   for  excavation  and demolition near underground facilities contained in   regulations adopted by the commission to implement  and  carry  out  the   requirements   of   article  thirty-six  of  the  general  business  law   established for the protection of underground facilities.7. Notwithstanding any inconsistent provisions of  this  chapter,  the   enforcement   procedure   for  rules  and  regulations  adopted  by  the   commission shall be as follows:a. any violation of any provisions of such rules and regulations is  a   violation  of  the  provisions  of  article  thirty-six  of  the general   business law and the attorney general may bring and prosecute an  action   to  recover  penalties for such violations as provided in paragraph c of   subdivision one of section seven hundred sixty-five of such law;b.  any  penalties,  fines  and  financial  liability  resulting  from   violations  of  such  rules  and regulations shall be those specified in   section seven hundred sixty-five of the general business law.8. In the event a violation of such rules and regulations  occurs  and   such  violation  is  subject  to  a  civil  penalty  pursuant to article   thirty-six of the general business law, the commission  shall  determine   the   amount   of   the  penalty  after  consideration  of  the  nature,   circumstances and gravity of the violation, history of prior violations,   effect on public health, safety or welfare, and such  other  matters  as   may  be  required  and  shall  send  a  copy of its determination to the   excavator, operator, commissioner of labor and  attorney  general.  Upon   receipt  of  such  determination,  the  attorney general may commence an   action to recover such penalty.