assembly Bill A2396A

Signed By Governor
2021-2022 Legislative Session

Relates to requirements for certain contracts for attachments to utility poles and the use of utility ducts, trenches and conduits

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Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 22, 2021 approval memo.93
signed chap.723
Dec 10, 2021 delivered to governor
Jun 08, 2021 returned to assembly
passed senate
3rd reading cal.1586
substituted for s7028
Jun 02, 2021 referred to rules
delivered to senate
passed assembly
Jun 01, 2021 ordered to third reading rules cal.165
rules report cal.165
reported
May 25, 2021 reported referred to rules
May 19, 2021 print number 2396a
May 19, 2021 amend and recommit to corporations, authorities and commissions
Jan 19, 2021 referred to corporations, authorities and commissions

Co-Sponsors

Multi-Sponsors

A2396 - Details

See Senate Version of this Bill:
S7028
Law Section:
Public Service Law
Laws Affected:
Amd §119-a, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:
A8823

A2396 - Summary

Requires contracts for cable television and broadband internet attachments to utility poles and the use of utility ducts, trenches and conduits to include all such poles, ducts, trenches and conduits located within a given city, town or village pursuant to a negotiated site license; relates to necessary repairs and replacement costs.

A2396 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2396
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER, DeSTEFANO, MONTESANO, STIRPE, BARRON --
   Multi-Sponsored by -- M. of A. HAWLEY, SALKA, TAGUE -- read  once  and
   referred to the Committee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public service law, in relation to requirements for
   certain contracts for attachments to utility  poles  and  the  use  of
   utility ducts, trenches and conduits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 119-a of the public service law, as added by  chap-
 ter 703 of the laws of 1978, is amended to read as follows:
   § 119-a. Attachments  to utility poles; use of utility ducts, trenches
 and conduits. The commission shall prescribe just and reasonable  rates,
 terms  and  conditions  for  attachments to utility poles and the use of
 utility ducts, trenches and conduits. A just and reasonable  rate  shall
 assure  the utility of the recovery of not less than the additional cost
 of providing a pole attachment or of using a trench, duct or conduit nor
 more than the actual operating expenses and return  on  capital  of  the
 utility  attributed to that portion of the pole, duct, trench or conduit
 used.  With respect to cable television AND BROADBAND  INTERNET  attach-
 ments  and  use,  such  portion  shall be the percentage of total usable
 space on a pole or the total capacity of the duct  or  conduit  that  is
 occupied  by the facilities of the user. Usable space shall be the space
 on a utility pole above the minimum grade level which can  be  used  for
 the attachment of wires and cables. WITH RESPECT TO CABLE TELEVISION AND
 BROADBAND  INTERNET  ATTACHMENTS  AND USE, A CONTRACT FOR ATTACHMENTS TO
 UTILITY POLES AND THE USE OF UTILITY DUCTS, TRENCHES AND CONDUITS  SHALL
 INCLUDE  ALL  SUCH  POLES, DUCTS, TRENCHES AND CONDUITS LOCATED WITHIN A
 GIVEN CENSUS TRACT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01209-01-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2396A (ACTIVE) - Details

See Senate Version of this Bill:
S7028
Law Section:
Public Service Law
Laws Affected:
Amd §119-a, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:
A8823

A2396A (ACTIVE) - Summary

Requires contracts for cable television and broadband internet attachments to utility poles and the use of utility ducts, trenches and conduits to include all such poles, ducts, trenches and conduits located within a given city, town or village pursuant to a negotiated site license; relates to necessary repairs and replacement costs.

A2396A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2396--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER, DeSTEFANO, MONTESANO, STIRPE, BARRON --
   Multi-Sponsored by -- M. of A. HAWLEY, SALKA, TAGUE -- 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 requirements  for
   certain  contracts  for  attachments  to  utility poles and the use of
   utility ducts, trenches and conduits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 119-a of the public service law, as added by chap-
 ter 703 of the laws of 1978, is amended to read as follows:
   § 119-a. Attachments to utility poles; use of utility ducts,  trenches
 and  conduits.  1.  The  commission  shall prescribe just and reasonable
 rates, terms and conditions for attachments to utility poles and the use
 of utility ducts, trenches and conduits.  A  just  and  reasonable  rate
 shall assure the utility of the recovery of not less than the additional
 cost  of  providing  a  pole  attachment  or  of using a trench, duct or
 conduit nor more than the actual operating expenses and return on  capi-
 tal  of the utility attributed to that portion of the pole, duct, trench
 or conduit used.  With respect to cable television AND BROADBAND  INTER-
 NET  attachments  and use, such portion shall be the percentage of total
 usable space on a pole or the total capacity of the duct or conduit that
 is occupied by the facilities of the user. Usable  space  shall  be  the
 space  on a utility pole above the minimum grade level which can be used
 for the attachment of wires and cables. WITH RESPECT TO CABLE TELEVISION
 AND BROADBAND INTERNET ATTACHMENTS AND USE, A CONTRACT  FOR  ATTACHMENTS
 TO  UTILITY  POLES  AND  THE USE OF UTILITY DUCTS, TRENCHES AND CONDUITS
 SHALL INCLUDE ALL SUCH POLES, DUCTS, TRENCHES AND CONDUITS LOCATED WITH-
 IN A GIVEN VILLAGE, TOWN OR CITY, PURSUANT TO A NEGOTIATED SITE LICENSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01209-02-1