What's happening
This bill requires telegraph and telephone companies to obtain permits for work within county road rights of way.
Why it matters
Enhances local oversight and safety. By requiring telegraph and telephone companies to obtain permits for work within county road rights of way, counties can better monitor, coordinate, and regulate construction or maintenance activities that could impact public safety, traffic flow, and road conditions.
Closes regulatory loopholes. The amendment removes a previous exemption for telegraph and telephone corporations, ensuring these companies are subject to the same permitting processes as other utilities and entities wishing to work within county road rights of way.
Potentially increases project costs and timelines. The new permitting process may introduce additional administrative steps, which could slow down infrastructure deployment or maintenance for telecom providers, potentially impacting service rollouts or upgrades.
Empowers counties to require bonds or deposits. Counties can now require telecom companies to provide financial security (such as a sum of money or a security bond) before issuing permits, protecting public resources from damage or incomplete work.
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Who cares
Headline styles
Permits for Utility Road Work
Plain English, a few words. Used as the page title.
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History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2587
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Transportation
AN ACT to amend the highway law and the transportation corporations law, in relation to requiring the issuance of permits to telegraph and telephone corporations for work within a county road right of way
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 136 of the highway law, as added by chapter 734 of the laws of 1982, is amended to read as follows:
1. Except in connection with the construction, reconstruction, maintenance or improvement of a county road or operations of a corporation pursuant to the provisions of [section twenty-seven of the transportation corporations law or] sections twenty-one, eighty-nine, ninety-one, ninety-three, ninety-three-a and ninety-three-b of the railroad law, no person, firm, corporation or municipality shall construct or improve, within the county road right of way an entrance or connection to such road, or construct within the county road right of way any works, structure or obstruction, or any overhead or underground crossing thereof, or lay or maintain therein underground wires or conduits or drainage, sewer or water pipes, except in accordance with the terms and conditions of a work permit issued by the county superintendent or his duly designated agent, notwithstanding any consent or franchise granted by any town superintendent, or by any other municipal authority. Any municipal corporation may enter upon any county road for the purpose of widening the pavement or for any other purpose authorized by this section, but only after securing a permit as provided herein. Notwithstanding the limitations in any general or special law, every municipal corporation shall have and is hereby given authority to deposit with the county superintendent such a sum of money or a security bond as may be required as a condition precedent to the granting of the permit provided in this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03638-01-7
A. 2587 2
§ 2. Section 27 of the transportation corporations law, as amended by chapter 840 of the laws of 1977, is amended to read as follows:
§ 27. Construction of lines. [Any] Subject to the provisions of section one hundred thirty-six of the highway law, any such corporation may erect, construct and maintain the necessary fixtures for its lines upon, over or under any of the public roads, streets and highways; and through, across or under any of the waters within the limits of this state, and may erect, construct and maintain its necessary stations, plants, equipment or lines upon, through or over any other land, subject to the right of the owners thereof to full compensation for the same. If any such corporation can not agree with such owner or owners upon the compensation to be paid therefor, such compensation shall be ascertained in the manner provided in the eminent domain procedure law. Any such corporation is authorized, from time to time, to construct and lay lines of electrical conductors under ground in any city, village or town within the limits of this state, subject to all the provisions of law in reference to such companies not inconsistent with this section; provided that such corporation shall, before laying any such line in any city, village or town of this state, first obtain from the common council of cities, or other body having like jurisdiction therein, the trustees of villages, or the town superintendents of towns, permission to use the streets within such city, village or town for the purposes herein set forth. Nothing in this section shall limit, alter, or affect the provisions or powers relating or granted to telegraph corporations heretofore created by special act of the legislature of this state, except in so far as to confer on any such corporation the right to lay electrical conductors under ground.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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