Bill Text: NY A05000 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides grant funding, where available, for broadband services in non-competitive locations through the ConnectAll deployment program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A05000 Detail]

Download: New_York-2023-A05000-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5000

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Corporations, Authorities and Commissions

        AN ACT to amend the New York state urban development corporation act, in
          relation to the provision of grant funding for broadband  services  in
          non-competitive locations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 16-gg of section 1 of chapter  174
     2  of  the  laws of 1968, constituting the New York state urban development
     3  corporation act,  as added by section 2 of part MMM of chapter 58 of the
     4  laws of 2022, is amended by adding  a  new  paragraph  (i)  to  read  as
     5  follows:
     6    (i) "Non-competitive location" means a broadband-serviceable location,
     7  as  determined  by  the  division,  that has access to only one wired or
     8  fixed wireless broadband service provider that offers high-speed  inter-
     9  net  service,  as  such  term  is defined in section 224-c of the public
    10  service law.
    11    § 2. Subdivision 7 of section 16-gg of section 1 of chapter 174 of the
    12  laws of 1968, constituting the New York state urban  development  corpo-
    13  ration  act, as added by section 2 of part MMM of chapter 58 of the laws
    14  of 2022, is amended to read as follows:
    15    7. ConnectAll deployment program. The ConnectAll deployment program is
    16  hereby established to provide grant funding to construct  infrastructure
    17  necessary  to  provide  broadband  services  to unserved and underserved
    18  locations in the state, and to the extent that appropriations are avail-
    19  able, to non-competitive locations in the state. Grants issued  pursuant
    20  to  this  program  shall facilitate projects that, at a minimum, provide
    21  reliable internet service with consistent speeds of at least  100  mega-
    22  bits  per  second  for  download and at least 20 megabits per second for
    23  upload, unless this requirement is waived  for  a  specific  project  or
    24  location  and  a  different speed level is approved by the division, but

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09565-01-3

        A. 5000                             2

     1  under no circumstances less than 25 megabits per second download  and  3
     2  megabits  per  second upload; provided further that applicants for grant
     3  funding under  this  section  may  include  incorporated  organizations,
     4  Native  American  tribes or tribal organizations, local units of govern-
     5  ment, or a group of any of the above entities; provided further that  an
     6  applicant  for  grant funding under this section shall demonstrate suit-
     7  able fiscal, technical,  operational,  and  management  capabilities  as
     8  determined by the division; provided further that an applicant for grant
     9  funding under this section shall provide certifications as to compliance
    10  with  relevant safety standards as determined by the division, including
    11  the National Electrical Safety Code; provided further that an  applicant
    12  for  grant funding under this section shall provide certifications as to
    13  compliance with relevant workplace  protections  as  determined  by  the
    14  division  including  the  Occupational  Safety  and Health Act, the Fair
    15  Labor Standards Act, Title VII of the Civil Rights Act of 1964, and  New
    16  York State labor and employment laws; provided further that an applicant
    17  for  grant  funding  under  this  section shall submit to the division a
    18  workforce plan in a format determined by  the  division  which,  to  the
    19  extent  practicable,  shall include: (a) information relating to whether
    20  the construction workforce will be directly employed  or  subcontracted;
    21  (b)  the  anticipated  size  of  the workforce required to carry out the
    22  proposed work; (c) a description of plans to maximize use  of  local  or
    23  regional  workforce;  and  (d)  a  description of the expected workforce
    24  safety standards and training to ensure the project is  completed  at  a
    25  high  standard.  The division shall establish the procedures to solicit,
    26  receive and evaluate applications for the program consistent with rules,
    27  regulations, or guidelines established  by  the  commissioner;  provided
    28  that  preference shall be given to applications that: (a) are capable of
    29  delivering speeds of 1 gigabit per second download  and  1  gigabit  per
    30  second  upload  to  the  end  user;  (b) provide service to locations in
    31  unserved areas as determined by the division; (c) commit not  to  impose
    32  caps  on data usage on the service provided to the end-user or to block,
    33  throttle, or prioritize internet content in the general course of  busi-
    34  ness; and (d) have and commit to maintaining high standards of workplace
    35  safety  practices, training, certification or licensure for all relevant
    36  workers, and compliance with state and federal workplace protections.
    37    § 3. This act shall take effect immediately.
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