A06678 Summary:

BILL NOA06678
 
SAME ASSAME AS S05130
 
SPONSORFahy
 
COSPNSR
 
MLTSPNSR
 
Add 119-d, Pub Serv L
 
Requires corporations and municipalities to notify property owners prior to beginning services that may interfere with a property owner's ability to enjoy, use, or access such property owner's property; exempts cases where a natural or man-made disaster or state of emergency occurs.
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A06678 Actions:

BILL NOA06678
 
04/28/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
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A06678 Committee Votes:

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A06678 Floor Votes:

There are no votes for this bill in this legislative session.
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A06678 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6678
 
SPONSOR: Fahy
  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: To require corporations and municipalities to notify homeowners prior to beginning certain services.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Establishes that an entity providing utility services must provide notification to homeowners prior to any scheduled services that may interfere with a property owner's ability to enjoy, use, or access their property. This section also provides that the notification must include: the service to be performed, expected duration of service, location of service, road closure/detour, necessary equipment, and contact information for those performing the service. Notification is required to be given no more than 30 days and no less than five days in advance. The entity providing utility services must provide notification in writing, electronically when appropriate, and use other reasonable efforts to communicate with the property owner. An exception to the provisions of this act is provided in cases of natural or man-made disaster or a state of emergency. ' Section 2. Establishes an effective date.   JUSTIFICATION: Currently there is no requirement for certain utility providers nor municipalities to notify property owner's of scheduled services which may result in interference with the property. For example, a utility that has scheduled services with a homeowner for a non-emergency service like conversion to natural gas is currently not under any obligation to inform a neighbor whose property would be excavated to access the gas line to perform said work.   PRIOR LEGISLATIVE HISTORY:. A8916 of 2021-22   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A06678 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6678
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 28, 2023
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        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-d to read as follows:
     3    § 119-d. Notification to property owners. 1.  Prior to  beginning  any
     4  scheduled  service that may interfere with a property owner's ability to
     5  enjoy, use, or access such property owner's property, a gas corporation,
     6  an electric corporation, a gas and electric corporation, a water  corpo-
     7  ration, a steam corporation, a telegraph corporation, a telephone corpo-
     8  ration  or  a  municipality  rendering equivalent utility services shall
     9  provide notice to such  property  owner  that  such  service  is  to  be
    10  performed. Such notice shall include, but not be limited to, the service
    11  to  be performed, the expected duration of such service, the location of
    12  such service, any road closures or detours that shall occur due to  such
    13  service,  any  necessary equipment, including service vehicles, that may
    14  intrude upon the property owner's property or interfere with such  prop-
    15  erty  owner's  ability  to  enjoy,  use, or access such property owner's
    16  property, and the contact information for  the  corporation  or  munici-
    17  pality  performing such service. Notice shall be given as far in advance
    18  as circumstances may allow, but shall be given no more than thirty  days
    19  in  advance of the start date of such service and no less than five days
    20  in advance of the start of such service.
    21    2. A gas corporation, an electric  corporation,  a  gas  and  electric
    22  corporation,  a  water  corporation,  a steam   corporation, a telegraph
    23  corporation, a telephone corporation or a municipality rendering  equiv-
    24  alent  utility  services subject to the provisions of this section shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06532-01-3

        A. 6678                             2
 
     1  provide notice to  property owners, in writing or, when appropriate, via
     2  electronic transmission and shall further  make  reasonable  efforts  to
     3  contact  property  owners  prior to beginning any scheduled service that
     4  may  interfere  with a property owner's ability to enjoy, use, or access
     5  such property owner's property.
     6    3. The provisions of this section shall not apply in  the  case  of  a
     7  natural  or  man-made disaster or state of emergency pursuant to article
     8  two-B of the executive law.
     9    § 2. This act shall take effect on the ninetieth day  after  it  shall
    10  have  become  a  law.    Effective  immediately, the addition, amendment
    11  and/or repeal of any rule or regulation necessary for the implementation
    12  of this act on  its  effective  date  are  authorized  to  be  made  and
    13  completed on or before such effective date.
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A06678 LFIN:

 NO LFIN
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A06678 Chamber Video/Transcript:

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