Provides that any provider that is owned and operated by a municipality, or is owned and operated by a domestic corporation as such term is defined in subparagraph five of paragraph (a) of section 102 of the not-for-profit corporation law and possessing a federal tax exemption designated as 501(c)(3) under the federal internal revenue code shall not be subject to a fee for such use or occupancy, and the development authority of the north country, as defined by title twenty-nine of article eight of the public authorities law, shall not be subject to a fee for such use or occupancy.
STATE OF NEW YORK
________________________________________________________________________
6538--B
Cal. No. 218
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. MAGNARELLI, BARRETT, ENGLEBRIGHT, ZINERMAN,
THIELE, SIMON, LAVINE, LUPARDO, KELLES, WALLACE, SILLITTI, OTIS --
read once and referred to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- ordered to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the highway law and the transportation corporations law,
in relation to agreements for fiber optic utility use and occupancy of
state right of way
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 include a fee for use and occupancy of the right of
9 way, provided, however, such fee shall not be greater than fair market
10 value. Any provider using or occupying a right of way in fulfillment of
11 a state grant award through the New NY Broadband Program shall not be
12 subject to a fee for such use or occupancy. Any provider that is owned
13 and operated by a municipality, or is owned and operated by a domestic
14 corporation as such term is defined in subparagraph five of paragraph
15 (a) of section one hundred two of the not-for-profit corporation law and
16 possessing a federal tax exemption pursuant to paragraph (3) of
17 subsection (c) of section 501 of the federal internal revenue code (26
18 United States Code Section 501(c)(3)) shall not be subject to a fee for
19 such use or occupancy; furthermore, the development authority of the
20 north country, as defined by title twenty-nine of article eight of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09869-06-1
A. 6538--B 2
1 public authorities law, shall not be subject to a fee for such use or
2 occupancy. Any fee for use or occupancy charged to a fiber optic utility
3 shall not be passed through in whole or in part as a fee, charge,
4 increased service cost, or by any other means by a fiber optic utility
5 to any person or entity that contracts with such fiber optic utility for
6 service. Any compensation received by the state pursuant to such agree-
7 ment shall be deposited by the comptroller into the special obligation
8 reserve and payment account of the dedicated highway and bridge trust
9 fund established pursuant to section eighty-nine-b of the state finance
10 law. Nothing herein shall impair, inhibit, or otherwise affect the abil-
11 ity of any municipality to regulate zoning, land use, or any other power
12 or authority granted under the law. For purposes of this subdivision,
13 "municipality" shall include a county, city, village, or town.
14 § 2. Section 7 of the transportation corporations law, as added by
15 section 2 of part RRR of chapter 59 of the laws of 2019, is amended to
16 read as follows:
17 § 7. Agreement for fiber optic utility use and occupancy of state
18 right of way. The commissioner of transportation is hereby authorized to
19 enter into an agreement with any fiber optic utility for use and occu-
20 pancy of the state right of way for the purposes of installing, modify-
21 ing, relocating, repairing, operating, or maintaining fiber optic facil-
22 ities. Such agreement may include a fee for use and occupancy of the
23 right of way, provided, however, such fee shall not be greater than fair
24 market value. Any provider using or occupying a right of way in fulfill-
25 ment of a state grant award through the New NY Broadband Program shall
26 not be subject to a fee for such use or occupancy. Any provider that is
27 owned and operated by a municipality, or is owned and operated by a
28 domestic corporation as such term is defined in subparagraph five of
29 paragraph (a) of section one hundred two of the not-for-profit corpo-
30 ration law and possessing a federal tax exemption pursuant to paragraph
31 (3) of subsection (c) of section 501 of the federal internal revenue
32 code (26 United States Code Section 510(c)(3)) shall not be subject to a
33 fee for such use or occupancy; furthermore, the development authority of
34 the north country, as defined by title twenty-nine of article eight of
35 the public authorities law, shall not be subject to a fee for such use
36 or occupancy. Any fee for use or occupancy charged to a fiber optic
37 utility shall not be passed through in whole or in part as a fee,
38 charge, increased service cost, or by any other means by a fiber optic
39 utility to any person or entity that contracts with such fiber optic
40 utility for service. Any compensation received by the state pursuant to
41 such agreement shall be deposited by the comptroller into the special
42 obligation reserve and payment account of the dedicated highway and
43 bridge trust fund established pursuant to section eighty-nine-b of the
44 state finance law. Nothing herein shall impair, inhibit, or otherwise
45 affect the ability of any municipality to regulate zoning, land use, or
46 any other power or authority granted under the law. For purposes of this
47 section, "municipality" shall include a county, city, village, or town.
48 § 3. This act shall take effect on the first of April next succeeding
49 the date on which it shall have become a law; provided, however, that
50 the amendments to subdivision 24-e of section 10 of the highway law made
51 by section one of this act shall not affect the repeal of such subdivi-
52 sion and shall be deemed to expire and repeal therewith; and provided,
53 further, that the amendments to section 7 of the transportation corpo-
54 rations law made by section two of this act shall not affect the repeal
55 of such section and shall be deemed to expire and repeal therewith.
