Bill Text: NY S01307 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires the annual inspection of manholes, service box covers and utility poles by gas or electric corporations; requires such inspection reports shall be kept by such corporations and subject to the freedom of information law; and provides civil penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01307 Detail]

Download: New_York-2009-S01307-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1307
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       AN  ACT to amend the public service law, in relation to requiring annual
         inspections of manholes, service box covers and utility poles
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The public service law is amended by adding a new section
    2  73 to read as follows:
    3    S 73. INSPECTION OF MANHOLE AND  SERVICE  BOX  COVERS.  1.  EVERY  GAS
    4  CORPORATION AND ELECTRIC CORPORATION SHALL ANNUALLY INSPECT, EXAMINE AND
    5  MAINTAIN  SUCH  CORPORATION'S  MANHOLES,  SERVICE BOX COVERS AND UTILITY
    6  POLES TO DETERMINE THE LEVELS OF VOLTAGE CONDUCTED THROUGH  SUCH  EQUIP-
    7  MENT.  SUCH  INSPECTION SHALL INCLUDE TESTS TO DETERMINE THE PRESENCE OF
    8  ANY STRAY VOLTAGE.
    9    2. RECORDS OF THE INSPECTION, EXAMINATION AND MAINTENANCE REQUIRED  BY
   10  THIS  SECTION  SHALL  BE  KEPT BY THE GAS CORPORATION OR ELECTRIC CORPO-
   11  RATION PERFORMING SUCH REQUIRED INSPECTION. SUCH RECORDS SHALL BE AVAIL-
   12  ABLE FOR PUBLIC INSPECTION IN ACCORDANCE WITH THE  REQUIREMENTS  OF  THE
   13  FREEDOM OF INFORMATION LAW.
   14    3.  THE COMMISSION SHALL PRESCRIBE SUCH RULES AND REGULATIONS TO CARRY
   15  INTO EFFECT THE PROVISIONS OF THIS SECTION AS IT MAY DEEM NECESSARY.
   16    4. FAILURE TO COMPLY WITH ANY PROVISION OF THIS SECTION SHALL  SUBJECT
   17  A  GAS  CORPORATION  OR ELECTRIC CORPORATION TO A CIVIL PENALTY OF UP TO
   18  ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP TO AN ADDITIONAL TWO
   19  THOUSAND DOLLARS FOR EACH SUCCEEDING VIOLATION WHICH OCCURS WITHIN A ONE
   20  YEAR PERIOD.
   21    5. AN ACTION TO RECOVER A PENALTY UNDER THIS SECTION MAY BE BROUGHT IN
   22  THE SUPREME COURT IN THE JUDICIAL DISTRICT IN WHICH  THE  VIOLATION  WAS
   23  ALLEGED  TO HAVE OCCURRED WHICH SHALL BE COMMENCED AND PROSECUTED BY THE
   24  ATTORNEY GENERAL. ALL MONEYS RECOVERED IN ANY SUCH ACTION, TOGETHER WITH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07308-01-9
       S. 1307                             2
    1  THE COSTS THEREOF, SHALL BE PAID INTO THE STATE TREASURY TO  THE  CREDIT
    2  OF THE GENERAL FUND.
    3    S  2.  This  act shall take effect on the thirtieth day after it shall
    4  have become a law.