NY State Senate Bill 2009-S1307

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Jan 28, 2009	referred to energy and telecommunications

2009-S1307 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §73, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:: S2064

2009-S1307 (ACTIVE) - Summary

Requires the annual inspection of manholes, service box covers and utility poles by gas or electric corporations; requires such inspection reports shall be kept by such corporations and subject to the freedom of information law; and provides civil penalties for violations.

2009-S1307 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1307

 TITLE OF BILL :
An act to amend the public service law, in relation to requiring
annual inspections of manholes, service box covers and utility poles


 PURPOSE :
This bill requires the annual inspection of manholes, service box
covers and utility poles.

 SUMMARY OF PROVISIONS :
Section 1 amends the public service law by adding a new section 73. It
requires that every gas and electric corporation annually inspect
their manholes, service box covers and utility poles to determine if
there is voltage present in them.

The gas and electric corporations shall keep records of the
examination and make them available for public inspection.

Failure to comply with any of these provisions shall result in a civil
penalty up to $1,000 for the first violation and up to an additional
$2,000 for each succeeding violation occurring within a one year
period.

Section 2 enacts this bill on the thirtieth day after it shall become

law.

 JUSTIFICATION :
Early this year (January and February 2004), Con Edison found several
"hot spots" citywide - manholes and service box covers charged with
electricity ranging up to 130 volts. An electric shock from 50 volts
of electricity is enough to disrupt a person's heart beat with as
little as one second of contact. Death may result after minutes of
contact. Manhole covers become electrified due to the corroding of
wires from weather conditions compounded by the salt used to melt ice
and snow.

This bill seeks to alleviate the fears that our city streets may be
unsafe to pedestrian traffic. Utility companies have an obligation to
ensure that their utility poles and service boxes are safe for
passersby. Shoddy, quick-fix cables and temporary wiring are
unacceptable.  Annual inspections will require the utility companies
to maintain their service boxes properly. Written inspection records
will prove that the utility company is complying with its inspection
requirements.

City residents must feel confident that the metal plates and manhole
covers in their streets are safe. Any future tragedies must be avoided
and the utility companies must be held responsible.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day.

2009-S1307 (ACTIVE) - Bill Text download pdf

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

                                  1307

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the public service law, in relation to requiring annual
  inspections of manholes, service box covers and utility poles

  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. INSPECTION OF MANHOLE AND  SERVICE  BOX  COVERS.  1.  EVERY  GAS
CORPORATION AND ELECTRIC CORPORATION SHALL ANNUALLY INSPECT, EXAMINE AND
MAINTAIN  SUCH  CORPORATION'S  MANHOLES,  SERVICE BOX COVERS AND UTILITY
POLES TO DETERMINE THE LEVELS OF VOLTAGE CONDUCTED THROUGH  SUCH  EQUIP-
MENT.  SUCH  INSPECTION SHALL INCLUDE TESTS TO DETERMINE THE PRESENCE OF
ANY STRAY VOLTAGE.
  2. RECORDS OF THE INSPECTION, EXAMINATION AND MAINTENANCE REQUIRED  BY
THIS  SECTION  SHALL  BE  KEPT BY THE GAS CORPORATION OR ELECTRIC CORPO-
RATION PERFORMING SUCH REQUIRED INSPECTION. SUCH RECORDS SHALL BE AVAIL-
ABLE FOR PUBLIC INSPECTION IN ACCORDANCE WITH THE  REQUIREMENTS  OF  THE
FREEDOM OF INFORMATION LAW.
  3.  THE COMMISSION SHALL PRESCRIBE SUCH RULES AND REGULATIONS TO CARRY
INTO EFFECT THE PROVISIONS OF THIS SECTION AS IT MAY DEEM NECESSARY.
  4. FAILURE TO COMPLY WITH ANY PROVISION OF THIS SECTION SHALL  SUBJECT
A  GAS  CORPORATION  OR ELECTRIC CORPORATION TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP TO AN ADDITIONAL TWO
THOUSAND DOLLARS FOR EACH SUCCEEDING VIOLATION WHICH OCCURS WITHIN A ONE
YEAR PERIOD.
  5. AN ACTION TO RECOVER A PENALTY UNDER THIS SECTION 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. ALL MONEYS RECOVERED IN ANY SUCH ACTION, TOGETHER WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07308-01-9

S. 1307                             2

THE COSTS THEREOF, SHALL BE PAID INTO THE STATE TREASURY TO  THE  CREDIT
OF THE GENERAL FUND.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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Senate Bill S1307

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2009-S1307 (ACTIVE) - Details

2009-S1307 (ACTIVE) - Summary

2009-S1307 (ACTIVE) - Sponsor Memo

2009-S1307 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2009-S1307 (ACTIVE) - Details

2009-S1307 (ACTIVE) - Summary

2009-S1307 (ACTIVE) - Sponsor Memo

2009-S1307 (ACTIVE) - Bill Text download pdf

Comments