NY State Senate Bill 2023-S5130

Senate Bill S5130

2023-2024 Legislative Session

Requires corporations and municipalities to notify property owners prior to beginning certain services

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications returned to senate died in assembly
May 18, 2023	referred to corporations, authorities and commissions delivered to assembly passed senate
May 17, 2023	advanced to third reading
May 16, 2023	2nd report cal.
May 15, 2023	1st report cal.878
Feb 23, 2023	referred to energy and telecommunications

Votes

- May 18, 2023 - Floor Vote
  S5130
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 18, 2023
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (4)
      
      Cooney
      
      Gounardes
      
      Martinez
      
      Mayer
  May 15, 2023 - Energy And Telecommunications Committee Vote
  S5130
  
  6
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 15, 2023
      
      aye (6)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Parker
      
      nay (1)
      
      Walczyk
      
      aye wr (2)
      
      Mattera
      
      O'Mara

2023-S5130 (ACTIVE) - Details

See Assembly Version of this Bill:: A6678
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §119-d, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S6524, A8916

2023-S5130 (ACTIVE) - Summary

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.

2023-S5130 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5130

SPONSOR: WEBB
 
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:

To require corporations and municipalities to notify homeowners prior to
beginning certain services.

 
SUMMARY OF 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.

 
LEGISLATIVE HISTORY:

2022: S 6524 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become law.

2023-S5130 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5130
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  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 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:
 
   Section 1. The public service law is amended by adding a  new  section
 119-d to read as follows:
   §  119-D.  NOTIFICATION TO PROPERTY OWNERS. 1.  PRIOR TO BEGINNING ANY
 SCHEDULED SERVICE THAT MAY INTERFERE WITH A PROPERTY OWNER'S ABILITY  TO
 ENJOY, USE, OR ACCESS SUCH PROPERTY OWNER'S PROPERTY, A GAS CORPORATION,
 AN  ELECTRIC CORPORATION, A GAS AND ELECTRIC CORPORATION, A WATER CORPO-
 RATION, A STEAM CORPORATION, A TELEGRAPH CORPORATION, A TELEPHONE CORPO-
 RATION OR A MUNICIPALITY RENDERING  EQUIVALENT  UTILITY  SERVICES  SHALL
 PROVIDE  NOTICE  TO  SUCH  PROPERTY  OWNER  THAT  SUCH  SERVICE IS TO BE
 PERFORMED. SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE SERVICE
 TO BE PERFORMED, THE EXPECTED DURATION OF SUCH SERVICE, THE LOCATION  OF
 SUCH  SERVICE, ANY ROAD CLOSURES OR DETOURS THAT SHALL OCCUR DUE TO SUCH
 SERVICE, ANY NECESSARY EQUIPMENT, INCLUDING SERVICE VEHICLES,  THAT  MAY
 INTRUDE  UPON THE PROPERTY OWNER'S PROPERTY OR INTERFERE WITH SUCH PROP-
 ERTY OWNER'S ABILITY TO ENJOY, USE,  OR  ACCESS  SUCH  PROPERTY  OWNER'S
 PROPERTY,  AND  THE  CONTACT  INFORMATION FOR THE CORPORATION OR MUNICI-
 PALITY PERFORMING SUCH SERVICE. NOTICE SHALL BE GIVEN AS FAR IN  ADVANCE
 AS  CIRCUMSTANCES MAY ALLOW, BUT SHALL BE GIVEN NO MORE THAN THIRTY DAYS
 IN ADVANCE OF THE START DATE OF SUCH SERVICE AND NO LESS THAN FIVE  DAYS
 IN ADVANCE OF THE START OF SUCH SERVICE.
   2.  A GAS CORPORATION, AN ELECTRIC  CORPORATION,  A  GAS  AND ELECTRIC
 CORPORATION, A WATER CORPORATION, A  STEAM    CORPORATION,  A  TELEGRAPH
 CORPORATION,  A TELEPHONE CORPORATION OR A MUNICIPALITY RENDERING EQUIV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06532-01-3

 S. 5130                             2
 
 ALENT UTILITY SERVICES SUBJECT TO THE PROVISIONS OF THIS  SECTION  SHALL
 PROVIDE NOTICE TO  PROPERTY OWNERS, IN WRITING OR, WHEN APPROPRIATE, VIA
 ELECTRONIC  TRANSMISSION  AND  SHALL  FURTHER MAKE REASONABLE EFFORTS TO
 CONTACT  PROPERTY  OWNERS  PRIOR TO BEGINNING ANY SCHEDULED SERVICE THAT
 MAY INTERFERE WITH A PROPERTY OWNER'S ABILITY TO ENJOY, USE,  OR  ACCESS
 SUCH PROPERTY OWNER'S PROPERTY.
   3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY IN THE CASE OF A
 NATURAL OR MAN-MADE DISASTER OR STATE OF EMERGENCY PURSUANT  TO  ARTICLE
 TWO-B OF THE EXECUTIVE LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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