Bill Text: NY A07787 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires notification to the department of public service of any incident involving damage to any underground facility.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2016-03-29 - reported referred to ways and means [A07787 Detail]

Download: New_York-2015-A07787-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7787
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2015
                                      ___________
       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to amend the public service law and the general business law,  in
         relation  to  requiring  the  notification of the department of public
         service of an incident involving damage to any underground facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  119-b  of  the  public service law is amended by
    2  adding a new subdivision 9 to read as follows:
    3    9. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO  THE  CONTRARY,  EACH
    4  OPERATOR  SHALL GIVE NOTICE TO THE DEPARTMENT OF EACH INCIDENT INVOLVING
    5  DAMAGES TO UNDERGROUND FACILITIES AT  THE  EARLIEST  PRACTICABLE  MOMENT
    6  FOLLOWING DISCOVERY OF SAID INCIDENT, IN SUCH FORM AS THE DEPARTMENT MAY
    7  REQUIRE.  WITHIN  SIXTY DAYS OF NOTICE OF AN INCIDENT UNDER THIS SECTION
    8  AND AFTER A PRELIMINARY  INVESTIGATION,  THE  DEPARTMENT  SHALL  POST  A
    9  NOTICE  ON  ITS WEBSITE DESCRIBING WHETHER IT WILL INVESTIGATE THE INCI-
   10  DENT TO DETERMINE ITS CAUSE OR CAUSES AND ANY CONTRIBUTING FACTORS.   IN
   11  THE  EVENT THE DEPARTMENT DETERMINES NOT TO INVESTIGATE THE INCIDENT, IT
   12  SHALL SET FORTH THE REASONS FOR ITS DECISION. NOTHING  IN  THIS  SECTION
   13  SHALL BE CONSTRUED TO AFFECT OR MODIFY THE AUTHORITY OF THE COMMISSIONER
   14  UNDER STATE OR FEDERAL LAW.
   15    S  2.  Section  763 of the general business law is amended by adding a
   16  new subdivision 4 to read as follows:
   17    4. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO  THE  CONTRARY,  EACH
   18  OPERATOR  SHALL  GIVE NOTICE TO THE DEPARTMENT OF PUBLIC SERVICE OF EACH
   19  INCIDENT INVOLVING DAMAGES TO UNDERGROUND  FACILITIES  AT  THE  EARLIEST
   20  PRACTICABLE MOMENT FOLLOWING DISCOVERY OF SAID INCIDENT, IN SUCH FORM AS
   21  SUCH  DEPARTMENT MAY REQUIRE. WITHIN SIXTY DAYS OF NOTICE OF AN INCIDENT
   22  UNDER THIS SECTION AND AFTER A PRELIMINARY INVESTIGATION, THE DEPARTMENT
   23  OF PUBLIC SERVICE SHALL POST A NOTICE ON ITS WEBSITE DESCRIBING  WHETHER
   24  IT  WILL  INVESTIGATE  THE INCIDENT TO DETERMINE ITS CAUSE OR CAUSES AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11225-01-5
       A. 7787                             2
    1  ANY CONTRIBUTING FACTORS. IN THE EVENT THE DEPARTMENT OF PUBLIC  SERVICE
    2  DETERMINES  NOT  TO  INVESTIGATE  THE  INCIDENT,  IT SHALL SET FORTH THE
    3  REASONS FOR ITS DECISION. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO
    4  AFFECT  OR  MODIFY  THE AUTHORITY OF THE PUBLIC SERVICE COMMISSION UNDER
    5  STATE OR FEDERAL LAW.
    6    S 3. This act shall take effect immediately.