Bill Text: NY S07915 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to state contracts being only with internet service providers compliant with net neutrality; prohibits the purchase of internet services from a non-net neutral source of internet services; requires certain disclosures by internet providers.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-05-23 - PRINT NUMBER 7915A [S07915 Detail]

Download: New_York-2023-S07915-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7915--A

                    IN SENATE

                                     January 3, 2024
                                       ___________

        Introduced  by Sens. PARKER, BAILEY, JACKSON, KRUEGER, PERSAUD, SEPULVE-
          DA, STAVISKY -- read twice and ordered printed, and when printed to be
          committed to the Committee on Finance --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public service law and the  state  finance  law,  in
          relation to state contracts being only with internet service providers
          compliant with net neutrality

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

     1    Section 1. This act shall be known and may be cited as  the  "NYS  Net
     2  Neutrality Protection Act".
     3    §  2.  Subdivision 1 of section 5 of the public service law is amended
     4  by adding a new paragraph j to read as follows:
     5    j. To every broadband internet line which lies wholly within the state
     6  and that part within the state of New York of every  broadband  internet
     7  line  which  lies  partly within and partly without the state and to the
     8  persons or corporations owning, leasing or operating any such  broadband
     9  internet line.
    10    §  3.  Section  5 of the public service law is amended by adding a new
    11  subdivision 7 to read as follows:
    12    7. The commission shall require any person engaged in the provision of
    13  broadband internet access service in New York state  to  report  to  the
    14  commission, and publicly disclose annually, accurate information regard-
    15  ing  the network management practices, performance, and commercial terms
    16  of its broadband internet access services sufficient  for  consumers  to
    17  make  informed  choices  regarding use of such services and for content,
    18  application, service, and device providers to develop, market, and main-
    19  tain internet offerings.
    20    § 4. Subdivision 1 of section 165 of the state finance law is  amended
    21  by adding three new paragraphs f, g and h to read as follows:
    22    f.  A "net neutral source of internet services" shall mean an internet
    23  service provider who adheres to the principles of net neutrality.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07720-03-4

        S. 7915--A                          2

     1    g. A "non-net neutral source  of  internet  services"  shall  mean  an
     2  internet  service  provider  who  violates  any of the principles of net
     3  neutrality.
     4    h.  "The  principles of net neutrality" shall mean the rules and regu-
     5  lations under the open internet report and order on remand,  declaratory
     6  ruling,  and  order  by  the  federal communications commission released
     7  March twelfth, two thousand fifteen, GN Docket No. 14-28.
     8    § 5. Section 165 of the state finance law is amended by adding  a  new
     9  subdivision 9 to read as follows:
    10    9. Prohibition on purchase of internet services from a non-net neutral
    11  source of internet services.
    12    a.  (i)  With respect to contracts described in subparagraphs (ii) and
    13  (iii) of this paragraph, and in accordance with such subparagraphs,  the
    14  state  and  any  governmental  agency or political subdivision or public
    15  benefit corporation or municipality of the state shall not contract  for
    16  the  supply  of internet services with any contractor who does not agree
    17  to stipulate to the following, if there is another contractor  who  will
    18  contract to supply internet services of comparable quality at a compara-
    19  ble  price or cost, the contractor and any individual or legal entity in
    20  which the contractor holds a ten percent or greater  ownership  interest
    21  and  any  individual or legal entity that holds a ten percent or greater
    22  ownership interest in the contractor shall make  lawful  steps  in  good
    23  faith  to  conduct  any  business  operations as a net neutral source of
    24  internet services.
    25    (ii) In the case of contracts let by a competitive  process,  whenever
    26  the  responsive  and responsible offerer having the lowest price or best
    27  value offer has not agreed to stipulate to the conditions set  forth  in
    28  this  subdivision and another responsive and responsible offerer who has
    29  agreed to stipulate to such conditions  has  submitted  an  offer  shall
    30  determine that the contract be awarded to the lowest price or best value
    31  offer  for  internet  services  from  a  net  neutral source of internet
    32  services.
    33    (iii) In the case of contracts let by other than a competitive process
    34  internet services involving an expenditure of an amount greater than the
    35  discretionary buying threshold  as  specified  in  section  one  hundred
    36  sixty-three of this article, the contracting entity shall not award to a
    37  proposed  contractor  who  has not agreed to stipulate to the conditions
    38  set forth in this subdivision unless  the  entity  seeking  to  use  the
    39  internet  services  determines  that the internet services are necessary
    40  for the entity to perform its functions and there is no other  responsi-
    41  ble  contractor  who will supply internet services of comparable quality
    42  at a comparable price. Such determinations shall be made in writing  and
    43  shall be public documents.
    44    b. Upon receiving information that a contractor who has made the stip-
    45  ulation  required  by  this  subdivision  is  in  violation thereof, the
    46  contracting entity shall review such information and offer the  contrac-
    47  tor  an  opportunity  to respond. If the contracting entity finds that a
    48  violation has occurred, it shall take such action as may be  appropriate
    49  and  provided  for  by law, rule or contract, including, but not limited
    50  to,  imposing  sanctions,  seeking  compliance,  recovering  damages  or
    51  declaring the contractor in default.
    52    c.  As used in this subdivision, the term "contract" shall not include
    53  contracts with  governmental  and  non-profit  organizations,  contracts
    54  awarded  pursuant  to  emergency  procurement  procedures  or contracts,
    55  resolutions, indentures, declarations  of  trust  or  other  instruments
    56  authorizing  or  relating to the authorization, issuance, award, sale or

        S. 7915--A                          3

     1  purchase of bonds, certificates of indebtedness, notes or  other  fiscal
     2  obligations,  provided  that  the  policies of this subdivision shall be
     3  considered when selecting a contractor to  provide  financial  or  legal
     4  advice, and when selecting managing underwriters in connection with such
     5  activities.
     6    d. The provisions of this subdivision shall not apply to contracts for
     7  which  the state or other contracting entity receives funds administered
     8  by the United States, except to the extent congress has directed to  not
     9  withhold  funds  from  states  and  localities  that choose to implement
    10  selective purchasing policies based on an agreement to comply  with  the
    11  principles  of  net neutrality, or to the extent that such funds are not
    12  otherwise withheld by congress.
    13    § 6. This act shall take effect immediately.
feedback