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Assembly Bill A386

2013-2014 Legislative Session

Requires utility corporations to record memorandum of utility surcharge agreements

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Archive: Last Bill Status - In Assembly Committee

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2013-A386 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd ยง242, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A986
2011-2012: A1252
2015-2016: A3301
2017-2018: A1662
2019-2020: A1670

2013-A386 (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.

2013-A386 (ACTIVE) - Bill Text download pdf 

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

                                   386

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. HAWLEY, CROUCH -- Multi-Sponsored by -- M. of A.
  GIGLIO -- 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.
                                                           LBD00167-01-3

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