N.Y. General Business Law § 763: Duties of operators

§ 763. Duties of operators. 1. Every operator shall participate in a

one-call notification system.

2. Upon receipt of the notification provided for by this article

either directly from the excavator or from the one-call notification

system and pursuant to the rules and regulations adopted by the public

service commission pursuant to section one hundred nineteen-b of the

public service law, an operator shall advise the excavator in a timely

manner of those of its underground facilities that will be affected by

the proposed excavation or demolition.

3. The operator shall accurately and with due care designate within a

reasonable period of time the location of its underground facilities in

the manner and during the time period set forth in the rules and

regulations adopted by the public service commission pursuant to section

one hundred nineteen-b of the public service law.

4. Any operator which performs or contracts for the excavation of

underground facilities shall require the excavator to have completed the

training and education program provided by the one-call notification

system pursuant to this article or any other provider authorized by the

public service commission to administer such training and education

program. Such training and education program shall be made available

in-person and online. The cost of such training and education program

shall not exceed twenty-five dollars and shall not be required more than

once per five year period. In the case of an operator subject to the

jurisdiction of the public service commission, a training and education

program that is subject to audit by the department of public service

shall also satisfy the requirement herein.