senate Bill S7689

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 - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2022 signed chap.68
delivered to governor
Feb 14, 2022 returned to senate
passed assembly
ordered to third reading cal.399
substituted for a8756
Jan 11, 2022 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jan 10, 2022 ordered to third reading cal.17
Jan 07, 2022 referred to rules

Votes

view votes

Jan 18, 2022 - Rules committee Vote

S7689
19
0
committee
19
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jan 10, 2022 - Rules committee Vote

S7689
19
0
committee
19
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S7689 (ACTIVE) - Details

See Assembly Version of this Bill:
A8756
Law Section:
Public Service Law
Laws Affected:
Amd §119-a, Pub Serv L (as proposed in S.7028 & A.2396-A)

S7689 (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.

S7689 (ACTIVE) - Sponsor Memo

S7689 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7689
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.