S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1108
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       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.
                                                                  LBD04937-01-3