The New York State Senate

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

                                 6181--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2011
                               ___________

Introduced by M. of A. HOYT, BOYLAND, SPANO, MAGNARELLI, JAFFEE, MAISEL,
  LUPARDO,  COLTON,  GALEF,  GABRYSZAK,  SCHROEDER,  CASTRO, WEISENBERG,
  MILLMAN, PERRY, ABINANTI, BENEDETTO, RUSSELL, JEFFRIES, PRETLOW, SCAR-
  BOROUGH, P. RIVERA, ENGLEBRIGHT, TITONE, MARKEY, M. MILLER  --  Multi-
  Sponsored  by -- M. of A.  ABBATE, BURLING, CALHOUN, CAMARA, CASTELLI,
  CERETTO, CONTE, COOK, DenDEKKER,  HIKIND,  LANCMAN,  LATIMER,  LIFTON,
  MAGEE,   McDONOUGH,  McENENY,  McKEVITT,  MONTESANO,  MURRAY,  PAULIN,
  PEOPLES-STOKES, RA, RAIA, REILLY, ROSENTHAL, SAYWARD, SIMOTAS, TENNEY,
  THIELE, TITUS, ZEBROWSKI -- read once and referred to the Committee on
  Corporations, Authorities and  Commissions  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the public service law, in relation to requiring a safe-
  ty and reliability inspection of all telephone poles used by telephone
  corporations providing telephone service  to  more  than  one  million
  subscribers  and  requiring a safety and reliability inspection of all
  utility poles used by electric corporations providing electric service
  to over 300,000 customers and the replacement or removal of  deficient
  poles

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

  Section 1. Legislative findings. The legislature hereby declares  that
unsafe,  inadequate or unreliable telephone and electrical utility poles
are a danger to the general public and to telecommunications  and  elec-
trical utility workers; that such telephone and electrical utility poles
impair  the  effective delivery of telecommunications services; and that
the public interest requires increased oversight of the safety and reli-
ability of  jurisdictional  telecommunications  and  electrical  utility
services carried over or by above ground telephone and electrical utili-
ty  lines,  as  such are defined in article 1 of the public service law;
and that the public interest requires a set of minimum fines  to  ensure

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07005-02-1

A. 6181--A                          2

compliance  with this statute by each telephone corporation serving over
one million subscribers  and  each  electric  corporation  serving  over
300,000 subscribers.
  S 2. The public service law is amended by adding a new section 98-a to
read as follows:
  S  98-A.  SAFETY  AND  RELIABILITY  INSPECTION.  1. THE PUBLIC SERVICE
COMMISSION SHALL, WITHIN THIRTY DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  REQUIRE  TELEPHONE CORPORATIONS PROVIDING TELEPHONE SERVICE TO
MORE THAN ONE MILLION SUBSCRIBERS,  AND  ELECTRIC  CORPORATIONS  SERVING
OVER  THREE HUNDRED THOUSAND CUSTOMERS, TO CONDUCT A STUDY OF THE SAFETY
AND RELIABILITY OF ALL TELEPHONE AND ELECTRIC POLES USED BY SUCH  CORPO-
RATIONS  TO  PROVIDE  TELEPHONE AND ELECTRIC SERVICE WITHIN THE STATE OF
NEW YORK, AND TO REPORT UPON THE FOLLOWING FACTORS:
  (A) THE TOTAL NUMBER OF TELEPHONE AND ELECTRIC POLES PER COUNTY;
  (B) THE NUMBER OF TELEPHONE AND ELECTRIC POLES WITHIN EACH COUNTY THAT
ARE SPLIT OR SHATTERED FOR MORE THAN FIVE PERCENT OF THE LENGTH OF  SUCH
POLES;
  (C)  THE  NUMBER  OF  TELEPHONE AND ELECTRIC POLES PER COUNTY THAT ARE
SEVERED OR PARTIALLY SEVERED FROM THEIR BASE;
  (D) THE NUMBER OF TELEPHONE AND ELECTRIC POLES  PER  COUNTY  THAT  ARE
ATTACHED  DIRECTLY  TO OTHER TELEPHONE POLES ("STRAPPED") BY MEANS OTHER
THAN THE UTILITY LINES CONNECTING SUCH POLES;
  (E) THE NUMBER OF STRAPPED POLES, OF WHICH EITHER OR  BOTH  POLES  ARE
SPLIT  OR  SHATTERED  FOR  MORE  THAN FIVE PERCENT OF THE LENGTH OF SUCH
POLES;
  (F) ANY POLES THAT NO LONGER COMPLY WITH ANSI  SAFETY  STANDARD  O5.1;
AND
  (G)  ANY TELEPHONE AND ELECTRIC POLES FROM WHICH ALL ELECTRICAL, TELE-
PHONE AND CABLE EQUIPMENT OR ELECTRICAL, TELEPHONE AND CABLE LINES  HAVE
BEEN  PREVIOUSLY  REMOVED  FROM THE POLES AND TO WHICH NO NEW TELEPHONE,
ELECTRICAL OR CABLE PLANT AND EQUIPMENT HAS BEEN ATTACHED FOR  AT  LEAST
THIRTY DAYS.
  2.  TELEPHONE  AND ELECTRIC POLES IDENTIFIED IN SUBDIVISIONS (B), (C),
(D), (E), (F) AND (G) OF  SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  BE
PRESUMED  TO  BE  NO  LONGER SAFE, ADEQUATE OR RELIABLE FOR TELECOMMUNI-
CATIONS AND ELECTRIC SERVICE AND AN ENDANGERMENT TO THE  GENERAL  PUBLIC
AND  TELECOMMUNICATIONS  AND  ELECTRIC  UTILITY  WORKERS,  AND  SHALL BE
SUBJECT TO SUCH STANDARDS FOR REPLACEMENT OF UNSAFE POLES, OR FINES,  OR
BOTH, AS MAY BE REQUIRED BY THIS SECTION.
  3.  THE  TELEPHONE  AND  ELECTRIC  POLE  SAFETY  AND RELIABILITY STUDY
REQUIRED BY THIS SECTION SHALL BE COMPLETED  BY  EACH  TELEPHONE  CORPO-
RATION  SERVING  MORE  THAN  ONE  MILLION  SUBSCRIBERS AND EACH ELECTRIC
CORPORATION SERVING MORE THAN THREE HUNDRED THOUSAND SUBSCRIBERS  WITHIN
ONE  HUNDRED  TWENTY  DAYS  OF  THE EFFECTIVE DATE OF THIS SECTION.  THE
TELEPHONE AND ELECTRIC POLE SAFETY AND  RELIABILITY  STUDY  REQUIRED  BY
THIS  SECTION  SHALL  CONTAIN  SUCH TELEPHONE AND ELECTRIC CORPORATION'S
PLAN (THE "CORRECTIVE PLAN") FOR REPLACING, WITHIN THREE HUNDRED  SIXTY-
FIVE   DAYS  OF  THE  ISSUANCE  OF  SUCH  REPORT  (THE  CORRECTIVE  PLAN
"COMPLETION DATE"), ALL POLES SPLIT OR  SHATTERED  FOR  MORE  THAN  FIVE
PERCENT  OF  THE  LENGTH  OF  SUCH POLES, ALL POLES SEVERED OR PARTIALLY
SEVERED FROM THEIR BASE, ALL POLES THAT ARE STRAPPED DIRECTLY  TO  OTHER
TELEPHONE  OR ELECTRIC POLES, ALL POLES FROM WHICH ALL ELECTRICAL, TELE-
PHONE AND CABLE EQUIPMENT OR ELECTRICAL, TELEPHONE AND CABLE LINES  HAVE
BEEN  PREVIOUSLY  REMOVED  FROM THE POLES AND TO WHICH NO NEW TELEPHONE,
ELECTRICAL OR CABLE PLANT AND EQUIPMENT HAS BEEN ATTACHED FOR  AT  LEAST
THIRTY DAYS, (COLLECTIVELY, "UNSAFE" POLES).

A. 6181--A                          3

  4.  UPON  ITS  COMPLETION,  THE TELEPHONE AND ELECTRIC POLE SAFETY AND
RELIABILITY STUDY REQUIRED BY THIS  SECTION  SHALL  BE  SUBMITTED  AS  A
REPORT,  BY  EACH  TELEPHONE  CORPORATION  SERVING MORE THAN ONE MILLION
SUBSCRIBERS AND  EACH  ELECTRIC  CORPORATION  SERVING  MORE  THAN  THREE
HUNDRED  THOUSAND  SUBSCRIBERS  TO  THE  PUBLIC  SERVICE COMMISSION, THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY, AND THE CHAIR OF BOTH THE SENATE AND ASSEMBLY STANDING COMMIT-
TEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS.
  5.  THE  STUDY  TO  BE  COMPLETED BY THE TELEPHONE AND ELECTRIC CORPO-
RATIONS SHALL INCORPORATE REPORTS OF POLES NONCOMPLIANT WITH THE FACTORS
IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION PROVIDED TO THE  TELEPHONE
AND  ELECTRIC  CORPORATIONS  BY MEMBERS OF THE GENERAL PUBLIC, TELEPHONE
CORPORATION UNIONS, AND LOCAL, MUNICIPAL, COUNTY, AND  STATE  GOVERNMENT
AND AGENCIES.
  6. ALL TELEPHONE AND ELECTRIC POLES IDENTIFIED AS UNSAFE OR NONCOMPLI-
ANT  WITH  ANSI SAFETY STANDARD O5.1, IN THE CORRECTIVE PLAN REQUIRED IN
THE TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY STUDY,  SHALL  BE
REPLACED BY THE TELEPHONE OR THE ELECTRIC CORPORATION OWNING SUCH POLES,
WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE ISSUANCE OF SUCH REPORT.
  7.  REPLACEMENT  OF  THE POLES IDENTIFIED AS UNSAFE OR NONCOMPLIANT IN
THE CORRECTIVE PLAN SHALL BE CONDUCTED BY PROPERLY TRAINED,  EXPERIENCED
AND  EQUIPPED  EMPLOYEES  OF EACH TELEPHONE CORPORATION SERVING OVER ONE
MILLION SUBSCRIBERS AND EACH  ELECTRIC  CORPORATION  SERVING  MORE  THAN
THREE HUNDRED THOUSAND SUBSCRIBERS PREPARING THE STUDY.
  8.  A FINE OF ONE HUNDRED FIFTY DOLLARS PER MONTH PER UN-REPLACED POLE
SHALL BE ASSESSED AGAINST EACH TELEPHONE POLE THAT  A  TELEPHONE  CORPO-
RATION  SERVING  MORE  THAN  ONE  MILLION  SUBSCRIBERS HAS IDENTIFIED AS
UNSAFE OR NONCOMPLIANT IN ITS STUDY, AND HAS NOT REPLACED  WITHIN  THREE
HUNDRED  SIXTY-FIVE  DAYS  OF THE ISSUANCE OF THE TELEPHONE AND ELECTRIC
POLE SAFETY AND RELIABILITY REPORT AND FOR EACH ELECTRIC  POLE  THAT  AN
ELECTRIC  CORPORATION SERVING MORE THAN THREE HUNDRED THOUSAND SUBSCRIB-
ERS HAS IDENTIFIED AS UNSAFE OR NONCOMPLIANT IN ITS STUDY, AND  HAS  NOT
REPLACED  WITHIN  THREE  HUNDRED  SIXTY-FIVE DAYS OF THE ISSUANCE OF THE
TELEPHONE AND ELECTRIC POLE SAFETY AND RELIABILITY REPORT.
  S 3. The public service commission shall begin, within ninety days  of
the  effective  date  of  this act, a rulemaking proceeding to establish
statewide safety and reliability  standards  for  wooden  telephone  and
electric  poles,  and  to  establish penalties for the violation of such
standards. Penalties for violation of established standards shall not be
less than $150 per month per un-replaced pole. The rulemaking proceeding
to establish statewide safety and reliability standards for wooden tele-
phone and electric poles and to establish penalties for the violation of
such standards shall be completed within one year of its inception.
  S 4. Severability. If any provision of this act,  or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent  jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but  shall
be  confined  in  its  operation to the provision of this act, or in its
application to the person or  circumstance,  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately.