Assembly Bill A8756

Signed By Governor
2021-2022 Legislative Session

Requires the public service commission to initiate a proceeding to examine a process for streamlining actions related to utility pole attachments

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7689 - Signed by Governor


  • 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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2021-A8756 (ACTIVE) - Details

See Senate Version of this Bill:
S7689
Law Section:
Public Service Law
Laws Affected:
Amd §119-a, Pub Serv L (as proposed in S.7028 & A.2396-A)

2021-A8756 (ACTIVE) - Summary

Requires the public service commission to initiate a proceeding to examine a process for streamlining actions related to utility pole attachments; requires such commission to invite participation in such proceeding by diverse stakeholders.

2021-A8756 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8756
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in  relation  to  requiring  the
   public  service commission to initiate a proceeding to examine a proc-
   ess for streamlining actions related to utility pole attachments

   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 amended by a
 chapter of the laws of 2021 amending the public service law relating  to
 requirements  for certain contracts for attachments to utility poles and
 the use of utility ducts, trenches and conduits, as proposed in legisla-
 tive bills numbers S. 7028 and A. 2396-A, 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
 AND  ANY APPLICABLE COMMISSION REQUIREMENTS, PROVIDED THAT SUCH CONTRACT
 SHALL NOT IMPEDE THE RIGHT OF A POLE OWNER TO ISSUE  LICENSES  BASED  ON
 INSPECTIONS UNDERTAKEN ON A POLE-SPECIFIC BASIS.
   2.  In  connection  with a new pole attachment, in no instance shall a
 pole owner avoid responsibility for pole replacement costs by  unreason-
 ably  postponing  replacement  until receiving a new attachment request,
 nor may a pole owner require a requesting attacher  to  pay  the  entire
              

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