Assembly Bill A986

2009-2010 Legislative Session

Requires utility corporations to record memorandum of utility surcharge agreements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A986 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §242, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1252
2013-2014: A386
2015-2016: A3301
2017-2018: A1662
2019-2020: A1670

2009-A986 (ACTIVE) - Summary

Requires utility corporations to record memorandum of utility surcharge agreements with the recording officer of the county that the real property is located within.

2009-A986 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   986

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. HAWLEY, CROUCH, ERRIGO -- Multi-Sponsored by --
  M. of A. BURLING, GIGLIO, TOWNSEND -- read once and  referred  to  the
  Committee on Judiciary

AN  ACT to amend the real property law, in relation to requiring utility
  corporations to record the existence of certain memorandum of  utility
  surcharge agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 242 of the real  property  law  is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  A UTILITY CORPORATION SHALL BE REQUIRED TO RECORD A MEMORANDUM OF
ANY UTILITY SURCHARGE AGREEMENT BETWEEN THE UTILITY  CORPORATION  AND  A
REAL  PROPERTY  OWNER,  WITHIN  FIVE  DAYS OF THE DATE SUCH AGREEMENT IS
EXECUTED, WITH THE RECORDING OFFICER OF THE COUNTY THAT THE REAL PROPER-
TY IS LOCATED WITHIN. SUCH MEMORANDUM OF AGREEMENT SHALL CONTAIN AT  THE
MINIMUM  THE INFORMATION REQUIRED TO BE DISCLOSED BY A SELLER TO A BUYER
PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION.  THE  RECORDING  OFFICER
SHALL  FILE  AND  RECORD A MEMORANDUM OF UTILITY SURCHARGE AGREEMENT AND
INDEX SUCH MEMORANDUM OF AGREEMENT UNDER THE NAME OF THE  REAL  PROPERTY
OWNER, IN A BOOK TO BE KEPT FOR THAT PURPOSE BY THE RECORDING OFFICER.
  (D)  FOR THE PURPOSES OF THIS SUBDIVISION, "UTILITY CORPORATION" MEANS
EVERY CORPORATION,  LIMITED  LIABILITY  COMPANY,  COMPANY,  ASSOCIATION,
JOINT-STOCK  ASSOCIATION,  PARTNERSHIP  AND PERSON, THEIR LESSEES, TRUS-
TEES, OR RECEIVERS APPOINTED BY ANY COURT WHATSOEVER, WHICH ARE  ENGAGED
IN THE BUSINESS OF FURNISHING ELECTRIC OR GAS SERVICE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rules and regulations neces-
sary  for  the  timely  implementation of this act on its effective date
shall be promulgated on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00745-01-9

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