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.
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 market
20 value]. 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.
LBD17363-01-0
S. 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 than
23 fair 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.
