S T A T E   O F   N E W   Y O R K
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                                  1063

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Transportation

AN ACT to amend the highway law and the transportation corporations law,
  in relation to requiring the issuance  of  permits  to  telegraph  and
  telephone corporations for work within a county road right of way

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 136 of the highway law,  as  added
by chapter 734 of the laws of 1982, is amended to read as follows:
  1. Except in connection with the construction, reconstruction, mainte-
nance  or  improvement  of  a county road or operations of a corporation
pursuant to the provisions of [section twenty-seven of  the  transporta-
tion  corporations law or] sections twenty-one, eighty-nine, ninety-one,
ninety-three, ninety-three-a and ninety-three-b of the railroad law,  no
person,  firm,  corporation  or municipality shall construct or improve,
within the county road right of way an entrance or  connection  to  such
road, or construct within the county road right of way any works, struc-
ture or obstruction, or any overhead or underground crossing thereof, or
lay or maintain therein underground wires or conduits or drainage, sewer
or  water pipes, except in accordance with the terms and conditions of a
work permit issued by the county superintendent or his  duly  designated
agent,  notwithstanding  any  consent  or  franchise granted by any town
superintendent, or by  any  other  municipal  authority.  Any  municipal
corporation  may  enter upon any county road for the purpose of widening
the pavement or for any other purpose authorized by  this  section,  but
only  after  securing  a  permit as provided herein. Notwithstanding the
limitations in any general or special law, every  municipal  corporation
shall  have  and  is  hereby  given authority to deposit with the county
superintendent such a sum of money or a security bond as may be required

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05713-01-3
              

A. 1063                             2

as a condition precedent to the granting of the permit provided in  this
section.
  S  2. Section 27 of the transportation corporations law, as amended by
chapter 840 of the laws of 1977, is amended to read as follows:
  S 27. Construction of  lines.  [Any]  SUBJECT  TO  THE  PROVISIONS  OF
SECTION  ONE HUNDRED THIRTY-SIX OF THE HIGHWAY LAW, ANY such corporation
may erect, construct and maintain the necessary fixtures for  its  lines
upon,  over  or under any of the public roads, streets and highways; and
through, across or under any of the waters within  the  limits  of  this
state,  and  may  erect,  construct and maintain its necessary stations,
plants, equipment or lines upon, through or over any other land, subject
to the right of the owners thereof to full compensation for the same. If
any such corporation can not agree with such owner or  owners  upon  the
compensation to be paid therefor, such compensation shall be ascertained
in  the  manner  provided  in the eminent domain procedure law. Any such
corporation is authorized, from time to time, to construct and lay lines
of electrical conductors under ground in any city, village or town with-
in the limits of this state, subject to all the  provisions  of  law  in
reference to such companies not inconsistent with this section; provided
that  such  corporation  shall, before laying any such line in any city,
village or town of this state, first obtain from the common  council  of
cities,  or other body having like jurisdiction therein, the trustees of
villages, or the town superintendents of towns, permission  to  use  the
streets  within  such  city, village or town for the purposes herein set
forth. Nothing in  this  section  shall  limit,  alter,  or  affect  the
provisions or powers relating or granted to telegraph corporations here-
tofore  created  by special act of the legislature of this state, except
in so far as to confer on any such corporation the right  to  lay  elec-
trical conductors under ground.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.