New York Consolidated Laws, General Business Law - GBS § 765. Penalties and liabilities

1. Civil penalties.  a. Failure to comply with any provision of this article shall subject an excavator or an operator to a civil penalty of up to four thousand three hundred seventy-five dollars for the first violation and up to an additional seventeen thousand five hundred dollars for each succeeding violation that occurs within a twelve month period.

b. The penalties provided for by this article shall not apply to an excavator who damages an underground facility due to the failure of the operator to comply with any of the provisions of this article nor shall in such instance the excavator be liable for repairs as prescribed in subdivision four of this section.

c. [Eff. until Oct. 1, 2025, pursuant to L.2000, c. 522, § 4.  See, also, par. c below.] An action to recover a penalty under this article may be brought in the supreme court in the judicial district in which the violation was alleged to have occurred which shall be commenced and prosecuted by the attorney general.  The public service commission shall, pursuant to section one hundred nineteen-b of the public service law, forward to the attorney general its determination of the amount of the penalty for violations of rules and regulations adopted to implement the requirements of this article.  Upon receipt of such determination, the attorney general may commence an action to recover such penalty.  All moneys recovered in any such action, together with the costs thereof, and all moneys recovered as the result of any such public service commission determination shall be paid into the underground facilities safety training account established pursuant to section ninety-seven-www of the state finance law.

c. [Eff. Oct. 1, 2025, pursuant to L.2025, c. 522, § 4.  See, also, par. c above.] An action to recover a penalty under this article may be brought in the supreme court in the judicial district in which the violation was alleged to have occurred which shall be commenced and prosecuted by the attorney general.  The public service commission shall, pursuant to section one hundred nineteen-b of the public service law, forward to the attorney general its determination of the amount of the penalty for violations or  1 rules and regulations adopted to implement the requirements of this article.  Upon receipt of such determination, the attorney general may commence an action to recover such penalty.  All moneys recovered in any such action, together with the costs thereof, and all moneys recovered as the result of any such public service commission determination shall be paid into the environmental protection fund established pursuant to section ninety-two-s of the state finance law.