S T A T E O F N E W Y O R K
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10718
I N A S S E M B L Y
September 18, 2024
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jacobson,
Santabarbara) -- read once and referred to the Committee on Corpo-
rations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring utility
companies to report on utility poles and remove unused utility poles
in the public right-of-way
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
119-e to read as follows:
§ 119-E. UTILITY POLES. 1. THE COMMISSION SHALL REQUIRE EACH REGULATED
UTILITY COMPANY TO SUBMIT A UTILITY POLE LOCATION REPORT THAT INCLUDES
EACH UTILITY POLE OWNED BY SUCH UTILITY THAT EXISTS WITHIN A PUBLIC
RIGHT-OF-WAY. THE REPORT SHALL SPECIFICALLY DESIGNATE OWNED POLES
CURRENTLY IN USE BY A UTILITY OR UTILITIES WITHIN A PUBLIC RIGHT-OF-WAY
AND SPECIFICALLY DESIGNATE OWNED POLES ON SUCH LIST THAT ARE NO LONGER
IN USE BY SUCH UTILITY OR ANY OTHER UTILITY WITHIN A PUBLIC RIGHT-OF-
WAY. SUCH REPORT SHALL ALSO INCLUDE INFORMATION RELATING TO ANY OWNED
UTILITY POLES THAT HAVE BEEN REMOVED FROM THE PUBLIC RIGHT-OF-WAY BY
SUCH UTILITY SINCE THE PREVIOUS YEAR'S UTILITY POLE LOCATION REPORT AND
ANY OWNED UTILITY POLES THAT HAVE NOT BEEN REMOVED BY SUCH UTILITY FROM
THE PUBLIC RIGHT-OF-WAY SINCE SUCH PREVIOUS YEAR'S REPORT.
2. SUCH REGULATED UTILITY COMPANY SHALL DEVELOP A PLAN FOR THE REMOVAL
OF ANY UTILITY POLE THAT IS NO LONGER IN USE BY ANY UTILITY WITHIN THE
PUBLIC RIGHT-OF-WAY AND SUCH POLE SHALL BE REMOVED NO LATER THAN ONE
YEAR FROM THE DATE FROM WHICH IT WAS IDENTIFIED AS NO LONGER IN USE BY A
UTILITY POLE LOCATION REPORT. THE COMMISSIONER SHALL BE AUTHORIZED TO
IMPOSE A FINE FOR THE FAILURE OF A UTILITY TO REMOVE AN OWNED UTILITY
POLE NO LONGER IN USE BY SUCH UTILITY OR ANY OTHER UTILITY OF UP TO TEN
THOUSAND DOLLARS PER POLE PER YEAR. A UTILITY COMPANY MAY APPEAL SUCH
FINE IN A FORM AND MANNER DETERMINED BY THE COMMISSION.
3. SUCH REPORTS SHALL BE PROVIDED TO THE COMMISSION, THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIRPERSON OF THE SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15698-01-4
A. 10718 2
COMMITTEE, THE CHAIRPERSON OF THE ENERGY AND TELECOMMUNICATIONS COMMIT-
TEE, AND THE CHAIRPERSON OF THE ASSEMBLY ENERGY COMMITTEE ON OR BEFORE
DECEMBER FIRST OF EACH YEAR.
§ 2. This act shall take effect immediately.