Bill Text: NY S03603 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that cities with a population of one million or more shall require qualified manholes to contain locking devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03603 Detail]

Download: New_York-2011-S03603-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3603
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 28, 2011
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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 providing for
         municipalities  to  require  qualified  manholes  to  contain  locking
         devices
         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  73 to read as follows:
    3    S 73. MANHOLE BARRIER LOCKING DEVICES. 1. AS USED IN THIS SECTION, THE
    4  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A)  "QUALIFIED MANHOLE" MEANS SURFACE-LEVEL ACCESS TO HIGHLY CRITICAL
    6  UNDERGROUND INFRASTRUCTURE WHICH IS AT OR NEAR GRADE, AND  UNSECURED  BY
    7  MEANS OTHER THAN A COVER OR GRATE OVER SUCH OPENING.
    8    (B)  "SELF CONTAINED INDEPENDENT MANHOLE BARRIER LOCKING DEVICE" MEANS
    9  A SELF CONTAINED MECHANICAL LOCKING  BARRIER  DEVICE  WHICH  IS  READILY
   10  REMOVABLE  AND  REUSABLE,  AND REQUIRES A PROPRIETARY, CUSTOM, OR UNIQUE
   11  KEY OR WRENCH TO REMOVE, AND ANY ASSOCIATED KEY OR WRENCHES TO LOCK  AND
   12  UNLOCK SUCH DEVICE.
   13    2. A CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL REQUIRE ALL
   14  QUALIFIED  MANHOLES LOCATED WITHIN SUCH CITY TO CONTAIN A SELF CONTAINED
   15  INDEPENDENT MANHOLE BARRIER LOCKING DEVICE PURSUANT TO THE PROVISIONS OF
   16  THIS SECTION.
   17    3. NOTHING CONTAINED IN THIS SECTION SHALL BE  CONSTRUED  TO  RESTRICT
   18  THE  POWER  OF  ANY COUNTY, CITY OF LESS THAN ONE MILLION IN POPULATION,
   19  TOWN OR VILLAGE, OR ANY DISTRICT,  AGENCY,  BOARD,  BODY  OR  COMMISSION
   20  THEREOF  TO ADOPT AND ENFORCE LOCAL LAWS THAT COMPLY WITH THE PROVISIONS
   21  SET FORTH IN THIS SECTION.
   22    S 2. This act shall take effect on the one hundred twentieth day after
   23  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06486-02-1