NY State Senate Bill 2009-S1583

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
Feb 03, 2009	referred to energy and telecommunications

2009-S1583 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §119-d, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:: S1903

2009-S1583 (ACTIVE) - Summary

Authorizes mayor or chief executive officer of any city having a population of one million or more persons to establish a utility facility coordinating committee to develop and implement procedures under which each utility corporation and corporation authorized to install and lease underground conduit facilities providing service in the city shall cooperate with such city in developing plans for the removal, protection or replacement of any facilities of such corporation which are to be disturbed or affected by the laying out, establishment, construction, maintenance, operation, alteration or discontinuance of any street, sewer and drainage system, or water supply system in such city, and cooperate with such city where removal, protection or replacement of such facilities is undertaken; details minimum cooperative procedures to be undertaken in such cases.

2009-S1583 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1583

 TITLE OF BILL :
An act to amend the public service law, in relation to cooperation in
the removal, protection and replacement of utility facilities in
cities having a population of one million or more persons


 SUMMARY OF PROVISIONS :
This bill would authorize cities having a population of one million or
more persons to create a "utility facility coordination committee,"
including both city and utility corporation representatives, to:
develop and foster strategies and procedures for effective and cost
efficient cooperation in dealing with interference problems inherent
in essential municipal construction projects in streets crowded with
public gas, electric, steam, telephone and/or waterworks facilities.
These approaches would include:  efficient notification and data
exchange; effective coordination and planning; development of
cooperative bidding processes; and a feasibility study on
comprehensive long-term strategies coupled with analysis of costs to
both ratepayers and taxpayers.

A report to the legislature, with recommendations, is due January 1,
1991. Within six months of the creation of a utility facility
coordinating committee, at least one project would be selected to
ascertain the practicality and effectiveness of joint-planning

agreements under which removal, protection and replacement work for
utility corporations would be carried out under the city's contract.
Actual performance would be carefully monitored and audited. The bill
includes projects financed or carried out by New York City Water
Board.

 JUSTIFICATION :
The City of New York's proposed State utility facility-relocation
legislation, promotes increased cooperation between local government,
in cities with a population of one million or more, and utilities
located in such cities will result in a more equitable and effective
process for minimizing community impact of projects involving street
openings. This legislation authorizes the creation of a new mechanism
- a "utility facility coordinating committee" - to enable more
detailed planning to occur when a street, water, sewer or drainage
project will disturb utility facilities, or a utility project will
affect City facilities. Joint planning prior to the bidding of city
projects will promote more comprehensive agreement between involved
parties as to the extent, nature and cost of the work involved, thus
reducing costs to utility ratepayers and city taxpayers. Also,
expected is a reduction in the time necessary to complete a project,
to greater convenience the public.

Better coordination planning between cities and utilities is an
important and necessary first step, which is anticipated to lead to
further steps to simplify and streamline joint city-utility project
planning. These next steps could include joint-planning agreements and
cooperative bidding of work. This proposed legislation requires that
within six months of the establishment of a utility Facility
Coordination Committee in a city with a population of one million or
more, a "sample" project be selected in order to further explore this
process. In New York City, six projects have already been selected
tentatively for planning with the intention of utilizing
joint-planning agreements and cooperative bidding.

As these six projects progress the City and utilities will be better
able to assess the effectiveness of joint-planning agreements and
cooperative bidding. Previous pilot pre-engineering projects in New
York City for water main construction have reduced utility relocation
costs by almost two thirds. Additionally, we will be able to audit
whether reasonable and fair formulas can be developed to allow for
projects to be paid for on a periodic, rather than a per project,
basis. This bill lays a solid basis for the development and
institutionalization of effective new procedures that will result in
greater equity for all concerned.  New York City's utility
facility-relocation proposal establishes an area in which it and
private utilities can meet to better resolve the complex problems
 associated with joint projects. This proposal institutes a process to
enable both sides to balance interests and reach fair agreements on
matters such as the scope of work and associated costs. The
cost-saving and time-saving features of this plan are to the ultimate
benefit of all citizens residing in localities addressed by this
legislation.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1583 (ACTIVE) - Bill Text download pdf

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

                                  1583

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 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 cooperation in
  the removal, protection  and  replacement  of  utility  facilities  in
  cities having a population of one million or more persons

  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
119-d to read as follows:
  S 119-D. UTILITY FACILITY COORDINATING COMMITTEES. 1. A UTILITY FACIL-
ITY COORDINATING COMMITTEE MAY BE ESTABLISHED IN ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE PERSONS BY ITS MAYOR OR OTHER CHIEF EXECU-
TIVE  OFFICER.  THE COMMITTEE SHALL CONSIST OF FIVE MEMBERS APPOINTED BY
SUCH MAYOR OR OTHER CHIEF EXECUTIVE OFFICER, ONE OF WHOM SHALL BE DESIG-
NATED AS CHAIRPERSON, AND FOUR ADDITIONAL MEMBERS APPOINTED BY THE MAYOR
OR OTHER CHIEF EXECUTIVE OFFICER UPON THE RECOMMENDATION OF PUBLIC UTIL-
ITY COMPANIES PROVIDING SERVICE IN SUCH CITY. MEMBERS SHALL SERVE AT THE
PLEASURE OF THE APPOINTING AUTHORITY.
  2. THE UTILITY  FACILITY  COORDINATING  COMMITTEE  SHALL  DEVELOP  AND
IMPLEMENT  PROCEDURES  UNDER WHICH EACH GAS CORPORATION, ELECTRIC CORPO-
RATION, STEAM CORPORATION,  TELEPHONE  CORPORATION,  WATER-WORKS  CORPO-
RATION  AND  CORPORATION  AUTHORIZED  TO  INSTALL  AND LEASE UNDERGROUND
CONDUIT FACILITIES, PROVIDING SERVICE IN THE CITY SHALL  COOPERATE  WITH
SUCH CITY IN DEVELOPING PLANS FOR THE REMOVAL, PROTECTION OR REPLACEMENT
OF  ANY FACILITIES OF SUCH CORPORATION WHICH ARE TO BE DISTURBED, OR MAY
OTHERWISE BE AFFECTED, BY THE LAYING OUT,  ESTABLISHMENT,  CONSTRUCTION,
MAINTENANCE,  OPERATION,  ALTERATION  OR  DISCONTINUANCE  OF ANY STREET,
SEWER AND DRAINAGE SYSTEM, OR WATER SUPPLY SYSTEM IN SUCH CITY AND SHALL
COOPERATE WITH SUCH CITY WHERE THE REMOVAL, PROTECTION OR REPLACEMENT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07314-01-9

S. 1583                             2

SUCH FACILITIES IS UNDERTAKEN. SUCH COOPERATIVE PROCEDURES SHALL INCLUDE
BUT NEED NOT BE LIMITED TO:
  (A)  NOTIFICATION  TO SUCH CORPORATIONS THAT A STREET, SEWER, DRAINAGE
OR WATER SUPPLY PROJECT PROPOSED BY THE CITY MAY DISTURB  FACILITIES  OF
SUCH  CORPORATION, AND NOTIFICATION TO SUCH CITY THAT A PROJECT PROPOSED
BY ANY SUCH CORPORATION MAY DISTURB FACILITIES OF SUCH CITY;
  (B) PROVISION OF INFORMATION TO THE CITY REGARDING ANY  FACILITIES  OF
SUCH  A  CORPORATION WHICH MAY BE DISTURBED BY A STREET, SEWER, DRAINAGE
OR WATER SUPPLY PROJECT PROPOSED BY SUCH CITY AS TO  WHICH  NOTIFICATION
WAS  GIVEN  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND PROVISION
OF INFORMATION TO ANY SUCH CORPORATION REGARDING ANY FACILITIES  OF  THE
CITY WHICH MAY BE DISTURBED BY A PROJECT PROPOSED BY SUCH CORPORATION AS
TO WHICH NOTIFICATION WAS GIVEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION;
  (C)  COORDINATION  BETWEEN  THE CITY AND ANY SUCH CORPORATION PRIOR TO
THE UNDERTAKING OF A STREET, SEWER, DRAINAGE OR WATER SUPPLY PROJECT FOR
THE PURPOSE  OF  JOINTLY  IDENTIFYING  THOSE  FACILITIES  WHICH  MAY  BE
DISTURBED,  SO  AS  TO  DEVELOP  PLANS FOR AVOIDING OR AMELIORATING SUCH
DISTURBANCES AND, WHERE APPROPRIATE, TO DESIGN PLANS  FOR  THE  REMOVAL,
PROTECTION OR REPLACEMENT OF AFFECTED FACILITIES;
  (D) DEVELOPMENT OF JOINT-PLANNING AGREEMENTS BETWEEN SUCH CITY AND ANY
SUCH  CORPORATION WHERE THE CITY SEEKS A CONTRACT FOR THE PERFORMANCE OF
A STREET, SEWER, DRAINAGE OR WATER-SUPPLY PROJECT THAT WOULD PROVIDE FOR
THE REMOVAL, PROTECTION OR REPLACEMENT OF ANY FACILITIES OF SUCH  CORPO-
RATION WHICH MAY BE DISTURBED BY SUCH PROJECT; AND
  (E)  COOPERATION IN IDENTIFYING ANY FACILITIES OF ANY SUCH CORPORATION
WHICH MAY BE DISTURBED BY A STREET,  SEWER,  DRAINAGE  OR  WATER  SUPPLY
PROJECT  UNDERTAKEN  BY  SUCH CITY, WHICH WERE NOT PREVIOUSLY IDENTIFIED
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SO AS  TO  DEVELOP  PLANS
FOR  AVOIDING  OR AMELIORATING SUCH DISTURBANCES AND, WHERE APPROPRIATE,
TO DESIGN A PLAN FOR THE REMOVAL, PROTECTION OR REPLACEMENT OF  AFFECTED
FACILITIES.
  3.   THE COMMITTEE SHALL CONSIDER SUCH FACTORS AS THE LOCATION, NATURE
AND COST OF PROJECTS PROPOSED AND UNDERTAKEN  BY  THE  CITY,  SUCH  THAT
APPROPRIATE PROCEDURES MAY BE DEVELOPED FOR DIFFERENT TYPES OF PROJECTS.
  4. THE COMMITTEE SHALL STUDY AND MAKE RECOMMENDATIONS AS TO THE FEASI-
BILITY  OF  COMPREHENSIVE,  LONG TERM PLANS FOR REMOVING, PROTECTING AND
REPLACING THE FACILITIES OF SUCH CORPORATIONS. THE COMMITTEE SHALL  ALSO
STUDY THE EFFECT OF THIS SECTION UPON THE COSTS OF STREET, SEWER, DRAIN-
AGE  AND WATER-WORKS PROJECTS TO THE PUBLIC AND TO THE CUSTOMERS OF SUCH
CORPORATIONS AND THE FEASIBILITY OF  SUCH  CORPORATIONS  PROVIDING  FULL
COMPENSATION  TO  THE CITY FOR THE REMOVAL, PROTECTION OR REPLACEMENT OF
ANY FACILITIES OF SUCH CORPORATION ON A  PERIODIC,  RATHER  THAN  A  PER
PROJECT,  BASIS.  THE  COMMITTEE SHALL ISSUE A PRELIMINARY REPORT TO THE
LEGISLATURE SETTING FORTH ITS FINDINGS  AND  RECOMMENDATIONS  NOT  LATER
THAN JANUARY FIRST, TWO THOUSAND TWELVE.
  5.  FOR  PURPOSES  OF THIS SECTION THE TERM "JOINT-PLANNING AGREEMENT"
SHALL MEAN AN AGREEMENT BETWEEN THE CITY AND ANY CORPORATION  OR  CORPO-
RATIONS IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION REGARDING THE WORK
TO BE PERFORMED UNDER A STREET, SEWER, DRAINAGE OR WATER SUPPLY CONTRACT
PROPOSED  BY  THE CITY PROVIDING FOR THE REMOVAL, PROTECTION OR REPLACE-
MENT OF ANY FACILITY OF SUCH CORPORATION OR CORPORATIONS  WHICH  MAY  BE
DISTURBED  BY  SUCH PROJECT.  SUCH JOINT-PLANNING AGREEMENTS MAY PROVIDE
FOR AN ALLOCATION OF THE COSTS BETWEEN THE CITY AND SUCH CORPORATION  OR
CORPORATIONS  UNDER  A  CONTRACT FOR THE PERFORMANCE OF A STREET, SEWER,
DRAINAGE OR WATER SUPPLY PROJECT,  PROVIDED  THAT  SUCH  CORPORATION  OR

S. 1583                             3

CORPORATIONS  SHALL  COMPENSATE  THE CITY FOR ANY COSTS INCURRED BY SUCH
CITY IN THE REMOVAL, PROTECTION OR REPLACEMENT OF ANY FACILITIES OF SUCH
CORPORATION OR CORPORATIONS PURSUANT TO SUCH CONTRACT OR OTHERWISE.
  6.  WITHIN SIX MONTHS OF THE ESTABLISHMENT OF A UTILITY FACILITY COOR-
DINATING COMMITTEE IN A CITY PURSUANT TO THIS SECTION, SUCH  CITY  SHALL
SELECT  AT LEAST ONE STREET, SEWER, DRAINAGE OR WATER SUPPLY PROJECT AND
DETERMINE THE GAS  CORPORATIONS,  ELECTRIC  CORPORATIONS,  STEAM  CORPO-
RATIONS,  TELEPHONE  CORPORATIONS,  WATER-WORKS  CORPORATIONS AND CORPO-
RATIONS AUTHORIZED TO INSTALL AND LEASE UNDERGROUND CONDUIT  FACILITIES,
WHICH  HAVE FACILITIES WHICH MAY BE DISTURBED BY SUCH PROJECT. SUCH CITY
SHALL SEEK TO ENTER INTO A JOINT-PLANNING AGREEMENT WITH ONE OR MORE  OF
SUCH  CORPORATIONS  FOR  THE  REMOVAL, PROTECTION OR REPLACEMENT OF SUCH
FACILITIES. THE UTILITY FACILITY COORDINATING  COMMITTEE  SHALL  MONITOR
THE  PERFORMANCE  OF  THE  JOINT-PLANNING  AGREEMENT  AND  THE  REMOVAL,
PROTECTION OR REPLACEMENT OF SUCH FACILITIES,  AND  SHALL  EVALUATE  AND
AUDIT  PERFORMANCE  COSTS  AND OTHER DATA FOR THE PURPOSE OF DETERMINING
THE EFFECTIVENESS OF THE JOINT-PLANNING AGREEMENT.
  7. FOR PURPOSES OF THIS SECTION, ANY STREET, SEWER, DRAINAGE OR  WATER
SUPPLY  PROJECT  PROPOSED  OR  UNDERTAKEN  BY A WATER BOARD CREATED BY A
SPECIAL ACT OF THE LEGISLATURE AT THE REQUEST  OF  A  CITY,  AS  A  BODY
CORPORATE AND POLITIC, CONSTITUTING A CORPORATE MUNICIPAL INSTRUMENTALI-
TY, SHALL BE DEEMED TO BE A PROJECT PROPOSED OR UNDERTAKEN BY SUCH CITY.
  8.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY IN THE CASE OF A
PUBLIC EMERGENCY ARISING OUT OF  AN  ACCIDENT  OR  OTHER  OCCURRENCE  OR
CONDITION WHEREBY CIRCUMSTANCES AFFECTING PUBLIC BUILDINGS, PUBLIC PROP-
ERTY  OR  THE  LIFE,  HEALTH, SAFETY OR PROPERTY OF THE INHABITANTS OF A
CITY OR DISTRICT THEREIN, REQUIRE EXPEDITIOUS ACTION.
  9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR  MODIFY  IN
ANY  WAY  THE  OBLIGATIONS  OR  LIABILITY OF ANY PERSON UNDER APPLICABLE
GENERAL, SPECIAL OR LOCAL LAW, COMMON LAW OR CONTRACT FOR  THE  REMOVAL,
PROTECTION  OR  REPLACEMENT  OF  UTILITY  FACILITIES OR FOR ANY DAMAGES,
INJURY OR LOSS RESULTING FROM ANY ACT OR  OMISSION  PERTAINING  TO  SUCH
OBLIGATIONS OR LIABILITY.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
IMPOSE OR OTHERWISE PROVIDE FOR ANY OBLIGATIONS OR LIABILITY UPON CITIES
FOR THE REMOVAL, PROTECTION OR REPLACEMENT OF UTILITY FACILITIES.
  S  2.  This  act  shall take effect immediately, provided however that
procedures implemented pursuant to section 119-d of the  public  service
law,  as  added  by section one of this act, shall not apply to projects
undertaken prior to July 1, 1992 or after June 30, 2010,  except  as  is
otherwise provided in subdivision 6 of such section.

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Senate Bill S1583

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

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2009-S1583 (ACTIVE) - Details

2009-S1583 (ACTIVE) - Summary

2009-S1583 (ACTIVE) - Sponsor Memo

2009-S1583 (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-S1583 (ACTIVE) - Details

2009-S1583 (ACTIVE) - Summary

2009-S1583 (ACTIVE) - Sponsor Memo

2009-S1583 (ACTIVE) - Bill Text download pdf

Comments