S3603-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Feb 28, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S3603-2011 Memo

BILL NUMBER:S3603

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.

S3603-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3603
 2011-2012 Regular Sessions
 I N  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

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