Bill Text: NY A08287 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits fees for the use and occupancy of the state right of way in agreements for the installation, modification, relocation, repair, operation or maintenance of fiber optic facilities.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A08287 Detail]
Download: New_York-2021-A08287-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8287 2021-2022 Regular Sessions IN ASSEMBLY October 1, 2021 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Transportation AN ACT to amend the highway law and the transportation corporations law, in relation to prohibiting fees for the use and occupancy of the state right of way in certain agreements 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 section 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] any fee for use and occupancy 9 of the right of way[, provided, however, such fee shall not be greater10than fair market value. Any provider using or occupying a right of way11in fulfillment of a state grant award through the New NY Broadband12Program shall not be subject to a fee for such use or occupancy. Any fee13for use or occupancy charged to a fiber optic utility shall not be14passed through in whole or in part as a fee, charge, increased service15cost, or by any other means by a fiber optic utility to any person or16entity that contracts with such fiber optic utility for service]. Any 17 compensation received by the state pursuant to such agreement shall be 18 deposited by the comptroller into the special obligation reserve and 19 payment account of the dedicated highway and bridge trust fund estab- 20 lished pursuant to section eighty-nine-b of the state finance law. Noth- 21 ing herein shall impair, inhibit, or otherwise affect the ability of any 22 municipality to regulate zoning, land use, or any other power or author- 23 ity granted under the law. For purposes of this subdivision, "munici- 24 pality" shall include a county, city, village, or town. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13118-01-1A. 8287 2 1 § 2. Section 7 of the transportation corporations law, as added by 2 section 2 of part RRR of section 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] any fee for use and 10 occupancy of the right of way[, provided, however, such fee shall not be11greater than fair market value. Any provider using or occupying a right12of way in fulfillment of a state grant award through the New NY Broad-13band Program shall not be subject to a fee for such use or occupancy.14Any fee for use or occupancy charged to a fiber optic utility shall not15be passed through in whole or in part as a fee, charge, increased16service cost, or by any other means by a fiber optic utility to any17person or entity that contracts with such fiber optic utility for18service]. 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 abil- 23 ity of any municipality to regulate zoning, land use, or any other power 24 or authority granted under the law. For purposes of this section, "muni- 25 cipality" shall include a county, city, village, or town. 26 § 3. Notwithstanding any provision of law to the contrary, any 27 provision of an agreement made pursuant to subdivision 24-e of section 28 10 of the highway law or section 7 of the transportation corporations 29 law that provide for a fee for use and occupancy of a right of way shall 30 be deemed unenforceable, provided however, that the remaining provisions 31 of such agreement shall be enforceable. Any fees for use and occupancy 32 of a right of way collected prior to the effective date of this act 33 pursuant to such an agreement, may be retained by the state. 34 § 4. This act shall take effect immediately, provided, however that 35 the amendments to subdivision 24-e of section 10 of the highway law made 36 by section one of this act and the amendments to section 7 of the trans- 37 portation corporations law made by section two of this act shall not 38 affect the expiration of such subdivision and such section and shall be 39 deemed to expire and repeal therewith.