§ 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.

* NB Repealed October 1, 2021