A 5037

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   5037
                        2025-2026 Regular Sessions
                           I N  A S S E M B L Y
                             February 11, 2025
                                ___________
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 AN ACT to amend the public service law, in relation to requiring utility
   companies  to  report on utility poles and remove unused utility poles
   in the public right-of-way
   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. UTILITY POLES. 1. THE COMMISSION SHALL REQUIRE EACH REGULATED
 UTILITY COMPANY TO SUBMIT A UTILITY POLE LOCATION REPORT  THAT  INCLUDES
 EACH  UTILITY  POLE  OWNED  BY  SUCH UTILITY THAT EXISTS WITHIN A PUBLIC
 RIGHT-OF-WAY.  THE  REPORT  SHALL  SPECIFICALLY  DESIGNATE  OWNED  POLES
 CURRENTLY  IN USE BY A UTILITY OR UTILITIES WITHIN A PUBLIC RIGHT-OF-WAY
 AND SPECIFICALLY DESIGNATE OWNED POLES ON SUCH LIST THAT ARE  NO  LONGER
 IN  USE  BY  SUCH UTILITY OR ANY OTHER UTILITY WITHIN A PUBLIC RIGHT-OF-
 WAY. SUCH REPORT SHALL ALSO INCLUDE INFORMATION RELATING  TO  ANY  OWNED
 UTILITY  POLES  THAT  HAVE  BEEN REMOVED FROM THE PUBLIC RIGHT-OF-WAY BY
 SUCH UTILITY SINCE THE PREVIOUS YEAR'S UTILITY POLE LOCATION REPORT  AND
 ANY  OWNED UTILITY POLES THAT HAVE NOT BEEN REMOVED BY SUCH UTILITY FROM
 THE PUBLIC RIGHT-OF-WAY SINCE SUCH PREVIOUS YEAR'S REPORT.
   2. SUCH REGULATED UTILITY COMPANY SHALL DEVELOP A PLAN FOR THE REMOVAL
 OF ANY UTILITY POLE THAT IS NO LONGER IN USE BY ANY UTILITY  WITHIN  THE
 PUBLIC  RIGHT-OF-WAY  AND  SUCH  POLE SHALL BE REMOVED NO LATER THAN ONE
 YEAR FROM THE DATE FROM WHICH IT WAS IDENTIFIED AS NO LONGER IN USE BY A
 UTILITY POLE LOCATION REPORT.  THE COMMISSIONER SHALL BE  AUTHORIZED  TO
 IMPOSE  A  FINE  FOR THE FAILURE OF A UTILITY TO REMOVE AN OWNED UTILITY
 POLE NO LONGER IN USE BY SUCH UTILITY OR ANY OTHER UTILITY OF UP TO  TEN
 THOUSAND  DOLLARS  PER POLE PER YEAR.  A UTILITY COMPANY MAY APPEAL SUCH
 FINE IN A FORM AND MANNER DETERMINED BY THE COMMISSION.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03177-01-5
 A. 5037                             2
   3. SUCH REPORTS SHALL BE PROVIDED TO THE COMMISSION, THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 CHAIRPERSON  OF  THE  SENATE  INVESTIGATIONS  AND  GOVERNMENT OPERATIONS
 COMMITTEE, THE CHAIRPERSON OF THE ENERGY AND TELECOMMUNICATIONS  COMMIT-
 TEE,  AND  THE CHAIRPERSON OF THE ASSEMBLY ENERGY COMMITTEE ON OR BEFORE
 DECEMBER FIRST OF EACH YEAR.
   § 2. This act shall take effect immediately.