N.Y. General Business Law § 761 (2026)

§ 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.