Assembly Bill A3216

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3216
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to requiring the issuance  of  permits  to  telegraph  and
   telephone corporations for work within a county road right of way

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 136 of the highway law,  as  added
 by chapter 734 of the laws of 1982, is amended to read as follows:
   1. Except in connection with the construction, reconstruction, mainte-
 nance  or  improvement  of  a county road or operations of a corporation
 pursuant to the provisions of [section twenty-seven of  the  transporta-
 tion  corporations law or] sections twenty-one, eighty-nine, ninety-one,
 ninety-three, ninety-three-a and ninety-three-b of the railroad law,  no
 person,  firm,  corporation  or municipality shall construct or improve,
 within the county road right of way an entrance or  connection  to  such
 road, or construct within the county road right of way any works, struc-
 ture or obstruction, or any overhead or underground crossing thereof, or
 lay or maintain therein underground wires or conduits or drainage, sewer
 or  water pipes, except in accordance with the terms and conditions of a
 work permit issued by the county superintendent or his  duly  designated
 agent,  notwithstanding  any  consent  or  franchise granted by any town
 superintendent, or by  any  other  municipal  authority.  Any  municipal
 corporation  may  enter upon any county road for the purpose of widening
 the pavement or for any other purpose authorized by  this  section,  but
 only  after  securing  a  permit as provided herein. Notwithstanding the
 limitations in any general or special law, every  municipal  corporation
 shall  have  and  is  hereby  given authority to deposit with the county
 superintendent such a sum of money or a security bond as may be required
 as a condition precedent to the granting of the permit provided in  this
 section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06999-01-9

 A. 3216                             2
 
   §  2. Section 27 of the transportation corporations law, as amended by
 chapter 840 of the laws of 1977, is amended to read as follows:
   §  27.  Construction  of  lines.  [Any]  SUBJECT  TO THE PROVISIONS OF
 SECTION ONE HUNDRED THIRTY-SIX OF THE HIGHWAY LAW, ANY such  corporation
 may  erect,  construct and maintain the necessary fixtures for its lines
 upon, over or under any of the public roads, streets and  highways;  and
 through,  across  or  under  any of the waters within the limits of this
 state, and may erect, construct and  maintain  its  necessary  stations,
 plants, equipment or lines upon, through or over any other land, subject
 to the right of the owners thereof to full compensation for the same. If
 any  such  corporation  can not agree with such owner or owners upon the
 compensation to be paid therefor, such compensation shall be ascertained
 in the manner provided in the eminent domain  procedure  law.  Any  such
 corporation is authorized, from time to time, to construct and lay lines
 of electrical conductors under ground in any city, village or town with-
 in  the  limits  of  this state, subject to all the provisions of law in
 reference to such companies not inconsistent with this section; provided
 that such corporation shall, before laying any such line  in  any  city,
 village  or  town of this state, first obtain from the common council of
 cities, or other body having like jurisdiction therein, the trustees  of
 villages,  or  the  town superintendents of towns, permission to use the
 streets within such city, village or town for the  purposes  herein  set
 forth.  Nothing  in  this  section  shall  limit,  alter,  or affect the
 provisions or powers relating or granted to telegraph corporations here-
 tofore created by special act of the legislature of this  state,  except
 in  so  far  as to confer on any such corporation the right to lay elec-
 trical conductors under ground.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.