S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
February 28, 2011
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
AN ACT to amend the public service law, in relation to providing for
municipalities to require qualified manholes to contain locking
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
73 to read as follows:
S 73. MANHOLE BARRIER LOCKING DEVICES. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "QUALIFIED MANHOLE" MEANS SURFACE-LEVEL ACCESS TO HIGHLY CRITICAL
UNDERGROUND INFRASTRUCTURE WHICH IS AT OR NEAR GRADE, AND UNSECURED BY
MEANS OTHER THAN A COVER OR GRATE OVER SUCH OPENING.
(B) "SELF CONTAINED INDEPENDENT MANHOLE BARRIER LOCKING DEVICE" MEANS
A SELF CONTAINED MECHANICAL LOCKING BARRIER DEVICE WHICH IS READILY
REMOVABLE AND REUSABLE, AND REQUIRES A PROPRIETARY, CUSTOM, OR UNIQUE
KEY OR WRENCH TO REMOVE, AND ANY ASSOCIATED KEY OR WRENCHES TO LOCK AND
UNLOCK SUCH DEVICE.
2. A CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL REQUIRE ALL
QUALIFIED MANHOLES LOCATED WITHIN SUCH CITY TO CONTAIN A SELF CONTAINED
INDEPENDENT MANHOLE BARRIER LOCKING DEVICE PURSUANT TO THE PROVISIONS OF
3. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT
THE POWER OF ANY COUNTY, CITY OF LESS THAN ONE MILLION IN POPULATION,
TOWN OR VILLAGE, OR ANY DISTRICT, AGENCY, BOARD, BODY OR COMMISSION
THEREOF TO ADOPT AND ENFORCE LOCAL LAWS THAT COMPLY WITH THE PROVISIONS
SET FORTH IN THIS SECTION.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.