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 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.
    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.
                                                                   LBD17127-01-0

        S. 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 be
     8  greater than fair market value. Any provider using or occupying a  right
     9  of  way  in fulfillment of a state grant award through the New NY Broad-
    10  band Program shall not be subject to a fee for such  use  or  occupancy.
    11  Any  fee for use or occupancy charged to a fiber optic utility shall not
    12  be passed through in whole or  in  part  as  a  fee,  charge,  increased
    13  service  cost,  or  by  any  other means by a fiber optic utility to any
    14  person or entity that  contracts  with  such  fiber  optic  utility  for
    15  service.  Any compensation received by the state pursuant to such agree-
    16  ment shall be deposited by the comptroller into the  special  obligation
    17  reserve  and  payment  account of the dedicated highway and bridge trust
    18  fund established pursuant to section eighty-nine-b of the state  finance
    19  law].  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.
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