Bill Text: NY S08934 | 2019-2020 | General Assembly | Introduced
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 3-0)
Status: (Introduced - Dead) 2020-08-21 - REFERRED TO RULES [S08934 Detail]
Download: New_York-2019-S08934-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8934 IN SENATE August 21, 2020 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 than10fair market value. Any provider using or occupying a right of way in11fulfillment of a state grant award through the New NY Broadband Program12shall not be subject to a fee for such use or occupancy. Any fee for use13or occupancy charged to a fiber optic utility shall not be passed14through in whole or in part as a fee, charge, increased service cost, or15by any other means by a fiber optic utility to any person or entity that16contracts with such fiber optic utility for service. Any compensation17received by the state pursuant to such agreement shall be deposited by18the comptroller into the special obligation reserve and payment account19of the dedicated highway and bridge trust fund established pursuant to20section 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. 25 § 2. Section 7 of the transportation corporations law, as added by 26 section 2 of part RRR of chapter 59 of the laws of 2019, is amended to 27 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17127-01-0S. 8934 2 1 § 7. Agreement for fiber optic utility use and occupancy of state 2 right of way. The commissioner of transportation is hereby authorized to 3 enter into an agreement with any fiber optic utility for use and occu- 4 pancy of the state right of way for the purposes of installing, modify- 5 ing, relocating, repairing, operating, or maintaining fiber optic facil- 6 ities. Such agreement [may] shall not include a fee for use and 7 occupancy of the right of way[, provided, however, such fee shall not be8greater than fair market value. Any provider using or occupying a right9of way in fulfillment of a state grant award through the New NY Broad-10band Program shall not be subject to a fee for such use or occupancy.11Any fee for use or occupancy charged to a fiber optic utility shall not12be passed through in whole or in part as a fee, charge, increased13service cost, or by any other means by a fiber optic utility to any14person or entity that contracts with such fiber optic utility for15service. Any compensation received by the state pursuant to such agree-16ment shall be deposited by the comptroller into the special obligation17reserve and payment account of the dedicated highway and bridge trust18fund established pursuant to section eighty-nine-b of the state finance19law]. Nothing herein shall impair, inhibit, or otherwise affect the 20 ability of any municipality to regulate zoning, land use, or any other 21 power or authority granted under the law. For purposes of this section, 22 "municipality" shall include a county, city, village, or town. 23 § 3. This act shall take effect immediately, provided, however, that 24 the amendments to subdivision 24-e of section 10 of the highway law made 25 by section one and the amendments to section 7 of the transportation 26 corporations law made by section two of this act shall not affect the 27 repeal of such provisions and shall be deemed repealed therewith.