N.Y.C. Admin. Code § L.L. 2004/044: L.L. 2004/044

Enactment date: 10/14/2004

Int. No. 205-A

By Council Members Lopez, Vallone, Nelson, Clarke, Martinez, Monserrate, Stewart, Gerson, Liu, Gennaro, Palma, Addabbo, Gonzalez, Gentile, Brewer, Sears, Baez, Barron, Felder, James, Koppell, Perkins, Reed, Seabrook, Weprin, DeBlasio, Jackson, Rivera and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the ownership and operation by local electric corporations of any piece of electrical-related infrastructure in the city of New York.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that an ongoing state of danger exists on the streets and sidewalks of the City of New York in the form of stray voltage emanating from electrical-related infrastructure. This danger became immediately apparent on January 16, 2004 when Jodie S. Lane was tragically killed when she stepped on an electrically charged metal plate while walking her two dogs in Manhattan. The stray voltage that led to Ms. Lane's death prompted an examination of the state of the electrical-related infrastructure in the City for purposes of determining the incidence of stray voltage emanating from that infrastructure and the extent of the danger posed to New Yorkers in simply traversing the City's streets and sidewalks as they go about their daily routine. The examination found hundreds of cases of stray voltage throughout the five boroughs that were potentially harmful to the public. It is believed that the stray voltage was subsequently eliminated at these locations, but the widespread nature of these findings and the propensity for numerous additional cases of stray voltage in the future has demonstrated the necessity for the Council to act in an effort to protect New Yorkers from the dangers associated with stray voltage.

By requiring the New York City Department of Transportation to test for stray voltage in accordance with the provisions of this local law, the Council does not intend to impose any liability on the City or the New York City Department of Transportation for failure to detect stray voltage or to eliminate its source. The Council merely intends for the New York City Department of Transportation to provide an independent check on the stray voltage inspection, testing and repair program mandated by this local law in an effort to further safeguard New Yorkers from the dangers of stray voltage.

It is further the Council's intent that the local action manifested in this local law is necessary until such time as the New York State Public Service Commission, or its successor, adopts rules or regulations imposing obligations upon electric corporations to conduct annual inspections, tests and repairs of its electrical-related infrastructure to detect and eliminate stray voltage.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately after its enactment into law.