NY State Senate Bill 2023-S9655

Senate Bill S9655

2023-2024 Legislative Session

Requires utility companies to report on utility poles and remove unused utility poles in the public right-of-way

download bill text pdf

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to energy and telecommunications

2023-S9655 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §119-e, Pub Serv L

2023-S9655 (ACTIVE) - Summary

Requires utility companies to report on utility poles and remove unused utility poles in the public right-of-way.

2023-S9655 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9655

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require utility companies to report on utility poles and remove
unused utility poles in the public right-of-way

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the public service law by adding new section 119-e
which requires 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 regulated utility company
shall develop a plan for the removal of any utility pole that is no
longer in use by any utility. 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.

Section 2: Sets the effective date.

 
JUSTIFICATION:

Aging or damaged telephone poles pose a threat to public and utility
worker safety and must be replaced. When they are replaced with new
poles and wiring is transferred to the new pole, the old telephone pole
should be removed to protect public and worker safety. When the old
telephone pole is not removed, it creates an unsafe and unsightly
"double" pole condition.

Currently, there are many thousands of aging "double" telephone poles
littering the state. Many double telephone poles have been in place for
years despite complaints by municipalities, residents and the telephone
workers union.

These poles are left unserviced and ignored for years, decaying on the
side of the road. They are at risk of falling on homes, cars, and even
pedestrians.

These unattended poles make it difficult for utility operators to access
and maintain equipment, which can increase the chances of power outages
and other issues. When one of these decaying poles topples during a
storm or other weather-related event, it can take out power to homes and
businesses, telecommunications, and block roads-not only inconvenient,
but putting property and lives at risk.

Beyond the very real safety hazards, these zombie poles are property
value detractors. New York residents work hard to maintain their proper-
ties, and they deserve better than the careless dereliction of duty from
utility companies who can't be bothered to remove these abandoned poles.


This bill will require utility companies to conduct and publish yearly
reports detailing the number of unused poles that remain standing.  Pole
owners will be required to remove the unused poles, subject to fines by
the PSC if they do not comply.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9655 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9655
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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
 S. 9655                             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.

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