BILL NUMBER: S6997A
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the public service law and the general municipal law, in
relation to enforcement of pole attachment safety and quality
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure the enforcement of unsafe make-ready work and violations of
statutory protections of Collective Bargaining Agreements.
 
SUMMARY OF PROVISIONS:
Section 1: This section introduces a new provision (Section 119-e) to
the Public Service Law, requiring utility pole owners and attachers to
submit detailed information about their equipment when a new pole
attachment is made, during pole modifications, repairs, or inspections.
The data will include the telecommunication or cable company that owns
the equipment, the contractor or subcontractor responsible for complet-
ing the pole attachment work, & the date of work. The data must be
submitted electronically to the Public Service Commission (PSC), which
will maintain an electronic database, PSC will establish uniform regu-
lations for submitting this information, and create an electronic
complaint form for the public and telecommunications workers to report
issues, such as violations of laws, industry standards, safety hazards,
or unsafe attachments, PSC is required to inspect complaints within two
weeks and may result in fines and penalties, with escalating fines for
repeated offenses, including a stop work order after the third
violation, PSC will compile a list of entities with multiple complaints,
and those on the list will be ineligible for state grants or loans for
three years.
Section 2: This section amends the General Municipal Law to require
applicants for a Public Right-of-Way Permit to disclose the identity of
each contractor, subcontractor, or agent who will perform work author-
ized by the permit. If there are any changes to these entities after the
submission, the applicant must update the local permitting authority
within 24 hours.
 
JUSTIFICATION:
"Make-ready" work refers to moving existing equipment to create the
necessary space on utility poles for new equipment. This work is danger-
ous and complex, and, when done incorrectly, poses threats both to work-
ers and the public. Unskilled work could leave heavy terminals and wires
hanging without the proper support; ungrounded wires could pose electro-
cution risks; Incorrect placement or overloading equipment on damaged or
decaying poles could lead to poles falling in the public right-of-way.
Unfortunately, subcontractors often evade responsibility for their work-
force and rush through work, compromising both safety and quality. This
can lead to shoddy work, accidents that endanger workers and the public,
and damaged public infrastructure. Make-ready work is increasingly
performed by subcontractors, in some cases in violation of existing
collective bargaining agreements.
By requiring utility pole owners and attachers to identify their work,
creating an accessible complaint form to make the Public Service Commis-
sion aware of violations, and implementing a penalty structure, this
bill will ensure robust enforcement of unsafe make-ready work and
violations of statutory protections of Collective Bargaining Agreements.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.