Bill Text: NY A01714 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides an exemption for certain fiber optic cable assessments in Erie county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-14 - referred to real property taxation [A01714 Detail]

Download: New_York-2025-A01714-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1714

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2025
                                       ___________

        Introduced by M. of A. RIVERA -- read once and referred to the Committee
          on Real Property Taxation

        AN  ACT  to amend the real property tax law, in relation to providing an
          exemption against certain fiber optic cable assessments for  municipal
          fiber  optic broadband companies in Erie county; and providing for the
          repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  real  property  tax  law  is amended by adding a new
     2  section 431 to read as follows:
     3    § 431. Fiber optic cable in Erie county. 1.  For the purposes of  this
     4  section the following terms shall have the following meanings:
     5    (a)  "Municipal  fiber  optic  broadband  company"  shall mean a local
     6  authority as defined in section two of the public authorities law  or  a
     7  municipal corporation as defined in section two of the general municipal
     8  law  engaged in the construction, operation, marketing and sale of fiber
     9  optic broadband infrastructure and services and located in Erie county.
    10    (b) "Municipal fiber optic network" shall mean municipal  fiber  optic
    11  cable  and  infrastructure  owned  by  a municipal fiber optic broadband
    12  company.
    13    (c) "Municipal fiber optic cable and infrastructure" shall mean  fiber
    14  optic  cable  and  related  equipment which is owned and installed by or
    15  caused to be installed by a municipal fiber optic broadband  company  to
    16  transmit,  or  facilitate  the transmission, of broadband data, applica-
    17  tions, and services to end users located in Erie county.
    18    2. Notwithstanding any other provision of law  to  the  contrary,  all
    19  municipal  fiber  optic  networks  and  municipal  fiber optic cable and
    20  infrastructure owned by  a  municipal  fiber  optic  broadband  company,
    21  whether  located  on  public  or private property, and installed for the
    22  purpose of distributing broadband  technology  and  services,  shall  be
    23  exempt from real property taxes, levies and assessments.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03025-01-5
        A. 1714                             2

     1    3.  In any contracting for the construction, operation, and management
     2  of a municipal fiber optic  network,  the  municipal  broadband  company
     3  shall  prioritize  applicants  that  have and commit to maintaining high
     4  standards of workplace  safety  practices,  training,  certification  or
     5  licensure for all relevant workers, and compliance with state and feder-
     6  al  workplace  protections;  ensure that persons, companies, or entities
     7  seeking to contract with the  municipal  broadband  company  demonstrate
     8  suitable  fiscal,  technical,  operational, and management capabilities;
     9  ensure that applicants for funding provide certifications as to  compli-
    10  ance  with  relevant safety standards, including the National Electrical
    11  Safety Code; ensure that applicants for funding  provide  certifications
    12  as  to  compliance  with relevant workplace protections as determined by
    13  the department of labor including the  Occupational  Safety  and  Health
    14  Act,  the Fair Labor Standards Act, Title VII of the Civil Rights Act of
    15  1964, and New York State labor and employment laws; ensure  that  appli-
    16  cants  for funding submit to the municipal broadband company a workforce
    17  plan  which  shall  include:  (a)  information  regarding  whether   the
    18  construction  workforce  will  be directly employed or subcontracted and
    19  what entity employs the workforce; (b) the anticipated size of the work-
    20  force required to carry out the proposed  work;  (c)  a  description  of
    21  plans  to  maximize  use  of  local  or  regional  workforce;  and (d) a
    22  description of the expected workforce safety standards and  training  to
    23  ensure the project is completed at a high standard. The municipal broad-
    24  band company shall publish workforce plans publicly on its website.
    25    4.  Municipal fiber optic networks shall be subject to prevailing wage
    26  requirements in accordance with article eight of the labor law.
    27    5. The commissioner is hereby authorized and  directed  to  promulgate
    28  rules  and  regulations  necessary  to  implement the provisions of this
    29  section.
    30    § 2. This act shall take effect immediately and shall  expire  and  be
    31  deemed  repealed  2  years after such date and shall apply to assessment
    32  rolls prepared on the basis of taxable  status  dates  occurring  on  or
    33  after such date.