Bill Text: NY A04197 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to fees associated with agreements between municipalities and fiber optic utility companies; no fees shall be assessed for such agreements.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2022-01-05 - referred to corporations, authorities and commissions [A04197 Detail]

Download: New_York-2021-A04197-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4197

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
          Committee on Corporations, Authorities and Commissions

        AN ACT to amend the highway law and the transportation corporations law,
          in relation to fees associated with agreements between  municipalities
          and fiber optic utility companies

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

     1    Section 1. Subdivision 24-e of section 10 of the highway law, as added
     2  by section 1 of part RRR of chapter 59 of the laws of 2019,  is  amended
     3  to read as follows:
     4    24-e. The commissioner of transportation is hereby authorized to enter
     5  into  an agreement with any fiber optic utility for use and occupancy of
     6  the state right of way for the purposes of installing, modifying,  relo-
     7  cating,  repairing,  operating,  or  maintaining fiber optic facilities.
     8  Such agreement [may] shall not include a fee for use  and  occupancy  of
     9  the right of way[, provided, however, such fee shall not be greater than
    10  fair  market  value.  Any  provider using or occupying a right of way in
    11  fulfillment of a state grant award through the New NY Broadband  Program
    12  shall not be subject to a fee for such use or occupancy. Any fee for use
    13  or  occupancy  charged  to  a  fiber  optic  utility shall not be passed
    14  through in whole or in part as a fee, charge, increased service cost, or
    15  by any other means by a fiber optic utility to any person or entity that
    16  contracts with such fiber optic utility for  service.  Any  compensation
    17  received  by  the state pursuant to such agreement shall be deposited by
    18  the comptroller into the special obligation reserve and payment  account
    19  of  the  dedicated highway and bridge trust fund established pursuant to
    20  section eighty-nine-b of the state finance law].  Nothing  herein  shall
    21  impair,  inhibit, or otherwise affect the ability of any municipality to
    22  regulate zoning, land use, or any other power or authority granted under
    23  the law.  For purposes of this subdivision, "municipality" shall include
    24  a county, city, village, or town.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05035-01-1
        A. 4197                             2

     1    § 2. Section 7 of the transportation corporations  law,  as  added  by
     2  section  2  of part RRR of chapter 59 of the laws of 2019, is amended to
     3  read as follows:
     4    §  7.  Agreement  for  fiber  optic utility use and occupancy of state
     5  right of way. The commissioner of transportation is hereby authorized to
     6  enter into an agreement with any fiber optic utility for use  and  occu-
     7  pancy  of the state right of way for the purposes of installing, modify-
     8  ing, relocating, repairing, operating, or maintaining fiber optic facil-
     9  ities. Such agreement  [may]  shall  not  include  a  fee  for  use  and
    10  occupancy of the right of way[, provided, however, such fee shall not be
    11  greater  than fair market value. Any provider using or occupying a right
    12  of way in fulfillment of a state grant award through the New  NY  Broad-
    13  band  Program  shall  not be subject to a fee for such use or occupancy.
    14  Any fee for use or occupancy charged to a fiber optic utility shall  not
    15  be  passed  through  in  whole  or  in  part as a fee, charge, increased
    16  service cost, or by any other means by a  fiber  optic  utility  to  any
    17  person  or  entity  that  contracts  with  such  fiber optic utility for
    18  service. Any compensation received by the state pursuant to such  agree-
    19  ment  shall  be deposited by the comptroller into the special obligation
    20  reserve and payment account of the dedicated highway  and  bridge  trust
    21  fund  established pursuant to section eighty-nine-b of the state finance
    22  law]. Nothing herein shall impair,  inhibit,  or  otherwise  affect  the
    23  ability  of  any municipality to regulate zoning, land use, or any other
    24  power or authority granted under the law. For purposes of this  section,
    25  "municipality" shall include a county, city, village, or town.
    26    §  3.  This act shall take effect immediately, provided, however, that
    27  the amendments to subdivision 24-e of section 10 of the highway law made
    28  by section one and the amendments to section  7  of  the  transportation
    29  corporations  law  made  by section two of this act shall not affect the
    30  repeal of such provisions and shall be deemed repealed therewith.