§ 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;

* NB Effective until October 1, 2020

* 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; and

* NB Effective October 1, 2020

* f. Provide services and programs applicable in all areas of the state in which underground facilities are located; and

* NB Effective until October 1, 2020

* f. Provide services and programs applicable in all areas of the state in which underground facilities are located.

* NB Effective October 1, 2020

* g. Conduct programs to provide training and education to operators and excavators on the requirements and procedures for protection of underground facilities.

* NB Repealed October 1, 2020

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.