NY State Senate Bill 2023-S5918A

Senate Bill S5918A

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 Assembly 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
Jun 06, 2024	referred to ways and means returned to assembly repassed senate
Jun 03, 2024	amended on third reading 5918c
Jun 03, 2024	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 29, 2024	referred to corporations, authorities and commissions delivered to assembly passed senate
May 20, 2024	advanced to third reading
May 16, 2024	2nd report cal.
May 15, 2024	1st report cal.1177
Jan 03, 2024	referred to energy and telecommunications returned to senate died in assembly
Jun 08, 2023	referred to corporations, authorities and commissions delivered to assembly passed senate
May 17, 2023	advanced to third reading amended 5918b
May 16, 2023	2nd report cal.
May 15, 2023	1st report cal.879
May 10, 2023	print number 5918a
May 10, 2023	amend and recommit to energy and telecommunications
Mar 22, 2023	referred to energy and telecommunications

Votes

- Jun 6, 2024 - Floor Vote
  S5918A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      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
      
      excused (1)
      
      Walczyk
  May 29, 2024 - Floor Vote
  S5918A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      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
      
      excused (1)
      
      Walczyk
  Jun 8, 2023 - Floor Vote
  S5918A
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      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 (1)
      
      Cooney
  May 15, 2024 - Energy And Telecommunications Committee Vote
  S5918A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 15, 2024
      
      aye (8)
      
      Borrello
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Mattera
      
      O'Mara
      
      Parker
  May 15, 2023 - Energy And Telecommunications Committee Vote
  S5918A
  
  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

Bill Amendments

Original

C (Active)

2023-S5918 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Service Law
Laws Affected:: Add §119-d, Pub Serv L

2023-S5918 - Summary

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.

2023-S5918 - Sponsor Memo

                                 
BILL NUMBER: S5918

SPONSOR: HARCKHAM
 
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::

Requires corporations and municipalities 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.

Section 2 states the effective date.

 
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-
cles 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.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5918 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5918
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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.
                                                            LBD09978-01-3

 S. 5918                             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.  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-
 ALENT UTILITY SERVICES SUBJECT TO THE PROVISIONS OF THIS  SECTION  SHALL
 PROVIDE  TO  PROPERTY OWNERS, AS PART OF ANY NOTICE REQUIRED PURSUANT TO
 SUBDIVISION ONE OR TWO OF THIS SECTION, DIRECT CONTACT  INFORMATION  FOR
 ANY SUBCONTRACTOR BEING USED FOR SUCH SERVICE.
   4.  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.

2023-S5918A - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Service Law
Laws Affected:: Add §119-d, Pub Serv L

2023-S5918A - Summary

2023-S5918A - Sponsor Memo

                                 
BILL NUMBER: S5918A

SPONSOR: HARCKHAM
 
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::

Requires corporations and municipalities 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 disas-
ter or state of emergency, or where the need to provide notice would
prevent the timely restoration of a utility customer's service.

Section 2 states the effective date.

 
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-
cles 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.

 
LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5918A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5918--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09978-02-3

 S. 5918--A                          2
 
 CORPORATION, A TELEPHONE CORPORATION OR A MUNICIPALITY RENDERING  EQUIV-
 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. 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-
 ALENT  UTILITY  SERVICES SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL
 PROVIDE TO PROPERTY OWNERS, AS PART OF ANY NOTICE REQUIRED  PURSUANT  TO
 SUBDIVISION  ONE  OR TWO OF THIS SECTION, DIRECT CONTACT INFORMATION FOR
 ANY SUBCONTRACTOR BEING USED FOR SUCH SERVICE.
   4. 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, OR WHERE THE NEED  TO  PROVIDE  SUCH  NOTICE
 WOULD  PREVENT  THE TIMELY RESTORATION OR REPAIR OF A UTILITY CUSTOMER'S
 SERVICE.
   § 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.

2023-S5918B - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Service Law
Laws Affected:: Add §119-d, Pub Serv L

2023-S5918B - Summary

2023-S5918B - Sponsor Memo

                                 
BILL NUMBER: S5918B

SPONSOR: HARCKHAM
 
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:

Requires corporations and municipalities 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 disas-
ter 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.

 
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-
cles 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.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5918B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5918--B
     Cal. No. 879
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee, ordered to first and second report, amended on second
   report, ordered to a third reading, and to be  reprinted  as  amended,
   retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09978-03-3

 S. 5918--B                          2
 
 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-
 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. 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-
 ALENT  UTILITY  SERVICES SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL
 PROVIDE TO PROPERTY OWNERS, AS PART OF ANY NOTICE REQUIRED  PURSUANT  TO
 SUBDIVISION  ONE  OR TWO OF THIS SECTION, DIRECT CONTACT INFORMATION FOR
 ANY SUBCONTRACTOR BEING USED FOR SUCH SERVICE.
   4. 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, OR WHERE THE NEED  TO  PROVIDE  SUCH  NOTICE
 WOULD PREVENT THE TIMELY INSTALLATION, RESTORATION OR REPAIR OF A UTILI-
 TY CUSTOMER'S SERVICE.
   §  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.

2023-S5918C (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Service Law
Laws Affected:: Add §119-d, Pub Serv L

2023-S5918C (ACTIVE) - Summary

2023-S5918C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5918C

SPONSOR: HARCKHAM
 
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:

Requires corporations and municipalities 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 use, or access such property owner's property or utilities.
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 disas-
ter 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.

 
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-
cles 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.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5918C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5918--C
     Cal. No. 1177
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee, ordered to first and second report, amended on second
   report, ordered to a third reading, and to be  reprinted  as  amended,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Energy  and  Telecommunications  in  accordance  with
   Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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-e to read as follows:
   § 119-E. NOTIFICATION TO PROPERTY OWNERS. 1.  PRIOR TO  BEGINNING  ANY
 SCHEDULED  SERVICE THAT MAY INTERFERE WITH A PROPERTY OWNER'S ABILITY TO
 USE, OR ACCESS SUCH OWNER'S PROPERTY, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09978-08-4
 S. 5918--C                          2
 
 THE  PROPERTY  OWNER'S  PROPERTY OR INTERFERE WITH SUCH PROPERTY OWNER'S
 ABILITY TO USE, OR  ACCESS  SUCH  PROPERTY  OWNER'S  PROPERTY,  AND  THE
 CONTACT  INFORMATION FOR THE CORPORATION OR MUNICIPALITY 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.   NOTICE SHALL BE  PROVIDED  TO  PROPERTY  OWNERS
 WHOSE PROPERTY BOUNDARIES ARE ADJACENT TO SUCH WORK TO BE PERFORMED, AND
 ANY  OTHER  PROPERTY OWNER SUCH AS A GAS CORPORATION, AN ELECTRIC CORPO-
 RATION, A GAS AND ELECTRIC CORPORATION, A  WATER  CORPORATION,  A  STEAM
 CORPORATION, A TELEGRAPH CORPORATION, A TELEPHONE CORPORATION OR A MUNI-
 CIPALITY RENDERING EQUIVALENT UTILITY SERVICES BELIEVES WILL BE DIRECTLY
 IMPACTED BY SUCH SERVICE TO BE PERFORMED.
   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-
 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 USE, OR ACCESS SUCH
 PROPERTY OWNER'S PROPERTY.
   3. 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-
 ALENT  UTILITY  SERVICES SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL
 PROVIDE TO PROPERTY OWNERS, AS PART OF ANY NOTICE REQUIRED  PURSUANT  TO
 SUBDIVISION  ONE  OR TWO OF THIS SECTION, DIRECT CONTACT INFORMATION FOR
 ANY SUBCONTRACTOR BEING USED FOR SUCH SERVICE.
   4. 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, OR WHERE THE NEED  TO  PROVIDE  SUCH  NOTICE
 WOULD PREVENT THE TIMELY INSTALLATION, RESTORATION OR REPAIR OF A UTILI-
 TY  CUSTOMER'S  SERVICE.    ADDITIONALLY, THE PROVISIONS OF THIS SECTION
 SHALL NOT APPLY TO WORK SCHEDULED AT THE REQUEST OF THE CUSTOMER IF  THE
 UTILITY HAS PROVIDED THE CUSTOMER WRITTEN NOTICE OF THE SCHEDULED DATE.
   §  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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