2023 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, 2025
3. 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.