N.Y. General Business Law § 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;

f. Provide services and programs applicable in all areas of the state

in which underground facilities are located; and

g. Conduct programs to provide training and education to operators and

excavators on the requirements and procedures for protection of

underground facilities.

h. Provide any entity which leases excavation equipment to the public

with the telephone number of the system and a sample or model notice

informing lessees of excavation equipment of the system and their

responsibilities relating to the protection of underground facilities;

cooperate with entities that lease excavation equipment to encourage

their participation in the system to ensure that when lessees lease

excavation equipment, such lessees receive information about the system

and about their obligation to protect underground facilities.

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.