Provides that cities with a population of one million or more shall require qualified manholes to contain locking devices.
TITLE OF BILL: An act to amend the public service law, in relation to providing for municipalities to require qualified manholes to contain locking devices
PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the public service law to require qualified manhole to contain locking devices in a city with a population of one million or more.
SUMMARY OF SPECIFIC PROVISIONS: §1 of this bill amends the public service law is amended by adding a new section 73.
Section 73 establishes definitions for terms such as qualified manhole and self contained independent manhole barrier locking device.
Subsection two states that a city having a population of one million or more shall require all qualified manhole located within such city to contain a self contained independent manhole barrier locking device.
Subsection three states that nothing contained in this section shall be construed to restrict the power of any county, city of less then one million in population, town or village, or any district, agency, board, body or commission thereof to adopt and enforce local laws that comply with the provisions set forth in this section.
JUSTIFICATION: Its important that critical infrastructure such as utilities be kept safe from tampering or sabotage. This bill mandates that manholes be secured with available market technology thus protecting critical subterranean infrastructure and key resources in the City of New York.
PRIOR LEGISLATIVE HISTORY: 2010: S.7166 Held in Energy and Telecommunications
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect on the 120th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3603 2011-2012 Regular Sessions IN SENATE February 28, 2011 ___________Introduced by Sen. ADAMS -- 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 providing for municipalities to require qualified manholes to contain locking devices 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 73 to read as follows: S 73. MANHOLE BARRIER LOCKING DEVICES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "QUALIFIED MANHOLE" MEANS SURFACE-LEVEL ACCESS TO HIGHLY CRITICAL UNDERGROUND INFRASTRUCTURE WHICH IS AT OR NEAR GRADE, AND UNSECURED BY MEANS OTHER THAN A COVER OR GRATE OVER SUCH OPENING. (B) "SELF CONTAINED INDEPENDENT MANHOLE BARRIER LOCKING DEVICE" MEANS A SELF CONTAINED MECHANICAL LOCKING BARRIER DEVICE WHICH IS READILY REMOVABLE AND REUSABLE, AND REQUIRES A PROPRIETARY, CUSTOM, OR UNIQUE KEY OR WRENCH TO REMOVE, AND ANY ASSOCIATED KEY OR WRENCHES TO LOCK AND UNLOCK SUCH DEVICE. 2. A CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL REQUIRE ALL QUALIFIED MANHOLES LOCATED WITHIN SUCH CITY TO CONTAIN A SELF CONTAINED INDEPENDENT MANHOLE BARRIER LOCKING DEVICE PURSUANT TO THE PROVISIONS OF THIS SECTION. 3. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE POWER OF ANY COUNTY, CITY OF LESS THAN ONE MILLION IN POPULATION, TOWN OR VILLAGE, OR ANY DISTRICT, AGENCY, BOARD, BODY OR COMMISSION THEREOF TO ADOPT AND ENFORCE LOCAL LAWS THAT COMPLY WITH THE PROVISIONS SET FORTH IN THIS SECTION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06486-02-1