Relates to the establishment, extension, powers and expenses of underground utility improvement districts

BILL NUMBER:S7205

Title of bill

An act to amend the town law and the public authorities law, in relation to the establishment, extension, powers and expenses of underground utility improvement districts

Purpose

Relates to the establishment, extension, powers and expenses of underground utility improvement districts.

Summary of provisions

Section 1. Section 190 of the Town Law is amended to allow town boards of any town to establish or extend an underground utility improvement district.

Section 2. Amends paragraph a of subdivision 1 of Section 193 of the Town Law relating to the procedure to be followed whenever a petition shall be presented to the town board for the establishment or extension of an underground utility improvement district.

Section 3. Section 198 of the Town Law is amended by adding a new subdivision 10-h establishing a procedure to be followed by the town board after an underground utility improvement district has been established.

Section 4. Subdivision 3 of Section 202 of the Town Law is amended relating to the leveraging of fees associated with the establishment of an underground utility improvement district

Section 5. Subdivision 2 of Section 202-b of the Town Law relating to the town board's ability, on behalf of an underground utility improvement district, to provide necessary maintenance.

Section 6. Subdivision 1 of Section 209-a of the Town Law is amended to include underground utility improvement districts within the term "improvement district".

Section 7. Subdivision 1 of Section 209-d of the Town Law is amended relating to public notification.

Section 8. Section 1020-g of the Public Authorities Law is amended to provide that a town in the service area of a public authority which has established an underground utility improvement district in order to underground the authority's public utility facilities, may petition the authority to contribute to the distinct at least 50% of the net incremental cost of improvements for the district pursuant to the provisions of this subdivision. Defines "net incremental cost" as the difference between the total cost of constructing public utility facilities underground and the total cost of constructing such facilities overhead. Any state or federal aid to construct such public utility facilities shall also be subtracted from the net incremental cost.

Section 9. Effective date.

Justification

Much of New York's communication and electrical infrastructure currently exists as overhead public utilities. However, as seen with recent storms, overhead utilities are much more susceptible to wind damage and falling trees and branches, and provide a much less reliable service during storms. Additionally, many communities in New York are seeking to protect the rural, scenic and historic character of their downtowns and open, preserved spaces. Overhead utilities and expansion of those utilities often are not consistent with the goals of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to extreme weather events or may want to protect the rural, scenic and/or historic character of their community, this bill would provide a mechanism by which municipalities may create utility improvement districts to raise funds to place utilities underground.

Legislative history

2014: New Legislation

Fiscal implications

To be determined

Effective date

This act shall take effect immediately.