Bill Text: NY S09003 | 2019-2020 | General Assembly | Introduced
Bill Title: Adjust the limits on fees for the use and occupancy of the state right of way by fiber optic utilities; directs the department of transportation to study the cost of administering utility projects in state highway rights of way.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-09-25 - REFERRED TO RULES [S09003 Detail]
Download: New_York-2019-S09003-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9003 IN SENATE September 25, 2020 ___________ Introduced by Sen. ORTT -- 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 for the use and occupancy of the state right of way by fiber optic utilities; directing the department of transporta- tion to study the cost of administering utility projects in state highway rights of way; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The department of transportation is authorized and directed 2 to study the cost to the department of transportation to administer 3 utility projects in the state highway rights of way. Such study shall 4 separately review, but not be limited to, water, gas, electric, and 5 fiber optic projects. 6 § 2. On or before April 1, 2021, the commissioner of transportation 7 shall deliver a copy of the findings of the study conducted pursuant to 8 section one of this act to the governor, the temporary president of the 9 senate, the speaker of the assembly, the minority leader of the senate, 10 and the minority leader of the assembly. 11 § 3. Subdivision 24-e of section 10 of the highway law, as added by 12 section 1 of part RRR of chapter 59 of the laws of 2019, is amended to 13 read as follows: 14 24-e. The commissioner of transportation is hereby authorized to enter 15 into an agreement with any fiber optic utility for use and occupancy of 16 the state right of way for the purposes of installing, modifying, relo- 17 cating, repairing, operating, or maintaining fiber optic facilities. 18 Such agreement may include a fee for use and occupancy of the right of 19 way[, provided, however, such fee shall not be greater than fair market20value]. Any provider using or occupying a right of way in fulfillment of 21 a state grant award through the New NY Broadband Program shall not be 22 subject to a fee for such use or occupancy. Any fee for use or occupancy 23 charged to a fiber optic utility shall not be passed through in whole or 24 in part as a fee, charge, increased service cost, or by any other means EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17363-01-0S. 9003 2 1 by a fiber optic utility to any person or entity that contracts with 2 such fiber optic utility for service. Any such fees shall in total not 3 exceed the cost to the department of transportation to administer fiber 4 optic projects in the state right of way. Any compensation received by 5 the state pursuant to such agreement shall be deposited by the comp- 6 troller into the special obligation reserve and payment account of the 7 dedicated highway and bridge trust fund established pursuant to section 8 eighty-nine-b of the state finance law. Nothing herein shall impair, 9 inhibit, or otherwise affect the ability of any municipality to regulate 10 zoning, land use, or any other power or authority granted under the law. 11 For purposes of this subdivision, "municipality" shall include a county, 12 city, village, or town. 13 § 4. Section 7 of the transportation corporations law, as added by 14 section 2 of part RRR of chapter 59 of the law of 2019, is amended to 15 read as follows: 16 § 7. Agreement for fiber optic utility use and occupancy of state 17 right of way. The commissioner of transportation is hereby authorized to 18 enter into an agreement with any fiber optic utility for use and occu- 19 pancy of the state right of way for the purposes of installing, modify- 20 ing, relocating, repairing, operating, or maintaining fiber optic facil- 21 ities. Such agreement may include a fee for use and occupancy of the 22 right of way[, provided, however, such fee shall not be greater than23fair market value]. Any provider using or occupying a right of way in 24 fulfillment of a state grant award through the New NY Broadband Program 25 shall not be subject to a fee for such use or occupancy. Any fee for use 26 or occupancy charged to a fiber optic utility shall not be passed 27 through in whole or in part as a fee, charge, increased service cost, or 28 by any other means by a fiber optic utility to any person or entity that 29 contracts with such fiber optic utility for service. Any such fees shall 30 in total not exceed the cost to the department of transportation to 31 administer fiber optic projects in the state right of way. Any compen- 32 sation received by the state pursuant to such agreement shall be depos- 33 ited by the comptroller into the special obligation reserve and payment 34 account of the dedicated highway and bridge trust fund established 35 pursuant to section eighty-nine-b of the state finance law. Nothing 36 herein shall impair, inhibit, or otherwise affect the ability of any 37 municipality to regulate zoning, land use, or any other power or author- 38 ity granted under the law. For purposes of this section, "municipality" 39 shall include a county, city, village, or town. 40 § 5. This act shall take effect immediately, provided, however, that 41 the amendments to subdivision 24-e of section 10 of the highway law made 42 by section three of this act and the amendments to section 7 of the 43 transportation corporations law made by section four of this act shall 44 not affect the expiration of such subdivision and such section and shall 45 be deemed to expire therewith; provided, further, that sections one and 46 two of this act shall expire and be deemed repealed on the thirtieth day 47 following the delivery of the report to the governor and the legislature 48 as provided for in section two of this act; provided that the commis- 49 sioner of transportation shall notify the legislative bill drafting 50 commission upon the occurrence of the delivery of such report to the 51 governor and the legislature in order that the commission may maintain 52 an accurate and timely effective data base of the official text of the 53 laws of the state of New York in furtherance of effectuating the 54 provisions of section 44 of the legislative law and section 70-b of the 55 public officers law.