Increases penalties relating to the protection of underground facilities.
TITLE OF BILL: An act to amend the general business law, in relation to increasing the penalties for failure to comply with provisions relating to the protection of underground facilities law
PURPOSE: This bill would amend the general business law by increasing the civil penalty subjected to an excavator or operator in relation to underground facilities.
SUMMARY OF PROVISIONS: Section 1 amends section 765 of the general business law to increase the penalties for failing to comply with provisions relating to the protection of underground facilities.
JUSTIFICATION: This bill increases civil fines against excavators and operators who violate their duties to the public when they excavate a site for pipelines and other underground facilities. Currently, Section 765 of the general business law only subjects an excavator or an operator to a civil penalty of $1,000 for the first violation and $7500 for each succeeding violation. This bill would increase the fines to $5,000 and $15,000 respectively. Increasing the fines would act as a deterrent for all contractors and excavators to use the utmost caution when drilling or maintaining underground facilities and thereby protect the public.
LEGISLATIVE HISTORY: A.6354 of 2011-2012
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4685 2013-2014 Regular Sessions IN SENATE April 18, 2013 ___________Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the general business law, in relation to increasing the penalties for failure to comply with provisions relating to the protection of underground facilities law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 765 of the general business law, as amended by section 6 of part X of chapter 57 of the laws of 2013, is amended to read as follows: a. Failure to comply with any provision of this article shall subject an excavator or an operator to a civil penalty of up to
[two]FIVE thou- sand [five hundred]dollars for the first violation and up to an addi- tional [ten]FIFTEEN thousand dollars for each succeeding violation that occurs within a twelve month period. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00133-02-3