NY Gen Bus L § 761 (2021)
2021 New York Laws GBS - General Business Article 36 - Protection of Underground Facilities 761 - One-Call Notification Systems.

§ 761. One-call notification systems. 1. Participation. Every operator   shall  participate  in  and  be  responsible for the administration of a   one-call notification system. Any other persons interested in protection   of underground facilities may also participate in the system.2. Duties. The system shall:a.  Receive  notices  from  excavators  of  proposed  excavation   and   demolition  activities  and  transmit  the information contained in such   notices to every member that operates an  underground  facility  in  the   area of the proposed activities;b.  Establish  operating  procedures,  the  technology  needed for the   system, a toll-free telephone number  that  operates  on  a  twenty-four   hour,  seven  days a week basis, a notification process and a method for   assessing costs;c.  Maintain  adequate  records  to  document  compliance   with   the   requirements of this article, including records of notices, which can be   obtained upon request of any person;d.  Provide  local 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  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;* e. Conduct a customer education program  that  includes  publicizing   the purpose of the one-call system and its programs, and the obligations   of excavators and operators to protect underground facilities;* NB Effective until October 1, 2025* e.  Conduct  a  customer education program that includes publicizing   the purpose of the one-call system and its programs, and the obligations   of excavators and operators to protect underground facilities; and* NB Effective October 1, 2025* f. Provide services and programs applicable  in  all  areas  of  the   state in which underground facilities are located; and* NB Effective until October 1, 2025* f.  Provide  services  and  programs  applicable in all areas of the   state in which underground facilities are located.* NB Effective October 1, 2025* g. Conduct programs to provide training and education  to  operators   and  excavators  on  the  requirements  and procedures for protection of   underground facilities.* NB Repealed October 1, 20253. Costs. The costs of  operating  the  system  shall  be  apportioned   equitably  among  the members of the system, with the exception of 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.4. Consumer education programs. Each operator of  an  underground  gas   pipeline  or  hazardous  liquid  petroleum  facility  shall  on  its own   initiative, or through  a  one-call  identification  system,  conduct  a   program  to  educate  the public on the possible hazards associated with   damage to facilities and on the importance of reporting  gas  odors  and   leaks.  The  system  may  develop  materials  suitable  for  use in such   programs.