STATE OF NEW YORK
________________________________________________________________________
4197
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. BLANKENBUSH -- read once and referred to the
Committee on Corporations, Authorities and Commissions
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05035-01-1
A. 4197 2
1 § 2. Section 7 of the transportation corporations law, as added by
2 section 2 of part RRR of chapter 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 fee for use and
10 occupancy of the right of way[, provided, however, such fee shall not be
11 greater than fair market value. Any provider using or occupying a right
12 of way in fulfillment of a state grant award through the New NY Broad-
13 band Program shall not be subject to a fee for such use or occupancy.
14 Any fee for use or occupancy charged to a fiber optic utility shall not
15 be passed through in whole or in part as a fee, charge, increased
16 service cost, or by any other means by a fiber optic utility to any
17 person or entity that contracts with such fiber optic utility for
18 service. 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
23 ability of any municipality to regulate zoning, land use, or any other
24 power or authority granted under the law. For purposes of this section,
25 "municipality" shall include a county, city, village, or town.
26 § 3. This act shall take effect immediately, provided, however, that
27 the amendments to subdivision 24-e of section 10 of the highway law made
28 by section one and the amendments to section 7 of the transportation
29 corporations law made by section two of this act shall not affect the
30 repeal of such provisions and shall be deemed repealed therewith.
