Requires corporations and municipalities to notify property owners prior to beginning services that may interfere with a property owner's ability to use, or access such owner's property; requires notice to include direct contact information for any subcontractor being used for such services; exempts cases where a natural or man-made disaster or state of emergency occurs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7515B
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the public service law, in relation to requiring corpo-
rations and municipalities to notify property owners prior to beginning
certain services
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require corporations and munici-
palities to notify property owners prior to beginning certain services.
SUMMARY OF PROVISIONS:
Section 1 amends the public service law to require notification to be
given to property owners when said service may interfere with their
ability to enjoy, use, or access such property owner's property or
util-' ities. The notice must include, but not be limited to information
about the service being performed and the expected duration of the
service, and must provide the direct contact of any subcontractor used
for such services. The notice must be provided no more than thirty days,
and no less than five days before the start of the service. The
provisions of this section will not apply in the case of a natural or
man-made disaster or state of emergency, or where the need to provide
notice would prevent the timely installation, restoration or repair of a
utility customer's service.
Section 2 states the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
It originally stated that the provision in section 1 will not apply
where the need to provide notice would prevent the time restoration or
repair of a utility customers service. This amendment adds installation
to restoration and repair.
JUSTIFICATION:
The process of utility maintenance can place a large burden on property
owners who rely on utilities such as water and electricity to cook, heat
their homes, or work remotely. Utility providers often use subcontrac-
tors, which leaves residents without access to contact information to
raise concerns or ask questions about the work that may be affecting
their neighborhoods. Furthermore, large equipment such as service vehi-
Iles may prevent a person from accessing or utilizing part of their
property. By requiring notice to be given to property owners prior to
the start of the utility maintenance and ensuring transparency for those
who are doing the work, property owners will be best informed to plan
their schedules around potential disruptions.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
7515--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. LEVENBERG -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Corporations,
Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public service law, in relation to requiring corpo-
rations and municipalities to notify property owners prior to begin-
ning certain services
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
2 119-e to read as follows:
3 § 119-e. Notification to property owners. 1. Prior to beginning any
4 scheduled service that may interfere with a property owner's ability to
5 use, or access such owner's property, a gas corporation, an electric
6 corporation, a gas and electric corporation, a water corporation, a
7 steam corporation, a telegraph corporation, a telephone corporation or a
8 municipality rendering equivalent utility services shall provide notice
9 to such property owner that such service is to be performed. Such notice
10 shall include, but not be limited to, the service to be performed, the
11 expected duration of such service, the location of such service, any
12 road closures or detours that shall occur due to such service, any
13 necessary equipment, including service vehicles, that may intrude upon
14 the property owner's property or interfere with such property owner's
15 ability to use, or access such property owner's property, and the
16 contact information for the corporation or municipality performing such
17 service. Notice shall be given as far in advance as circumstances may
18 allow, but shall be given no more than thirty days in advance of the
19 start date of such service and no less than five days in advance of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09978-07-4
A. 7515--B 2
1 start of such service. Notice shall be provided to property owners
2 whose property boundaries are adjacent to such work to be performed, and
3 any other property owner such as a gas corporation, an electric corpo-
4 ration, a gas and electric corporation, a water corporation, a steam
5 corporation, a telegraph corporation, a telephone corporation or a muni-
6 cipality rendering equivalent utility services believes will be directly
7 impacted by such service to be performed.
8 2. A gas corporation, an electric corporation, a gas and electric
9 corporation, a water corporation, a steam corporation, a telegraph
10 corporation, a telephone corporation or a municipality rendering equiv-
11 alent utility services subject to the provisions of this section shall
12 provide notice to property owners, in writing or, when appropriate, via
13 electronic transmission and shall further make reasonable efforts to
14 contact property owners prior to beginning any scheduled service that
15 may interfere with a property owner's ability to use, or access such
16 property owner's property.
17 3. A gas corporation, an electric corporation, a gas and electric
18 corporation, a water corporation, a steam corporation, a telegraph
19 corporation, a telephone corporation or a municipality rendering equiv-
20 alent utility services subject to the provisions of this section shall
21 provide to property owners, as part of any notice required pursuant to
22 subdivision one or two of this section, direct contact information for
23 any subcontractor being used for such service.
24 4. The provisions of this section shall not apply in the case of a
25 natural or man-made disaster or state of emergency pursuant to article
26 two-B of the executive law, or where the need to provide such notice
27 would prevent the timely installation, restoration or repair of a utili-
28 ty customer's service. Additionally, the provisions of this section
29 shall not apply to work scheduled at the request of the customer if the
30 utility has provided the customer written notice of the scheduled date.
31 § 2. This act shall take effect on the ninetieth day after it shall
32 have become a law. Effective immediately, the addition, amendment
33 and/or repeal of any rule or regulation necessary for the implementation
34 of this act on its effective date are authorized to be made and
35 completed on or before such effective date.
