Bill Text: NY A08265 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that the department of transportation shall not require a survey from any fiber optic utility for permitting or continuance of the use and occupancy of a state right of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber optic facilities, under certain circumstances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A08265 Detail]

Download: New_York-2023-A08265-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8265

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 15, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Transportation

        AN  ACT  to  amend  the  highway law, in relation to when surveys may be
          required for fiber optics by the department of transportation; and  to
          amend  the  New  York  state  urban  development  corporation  act, in
          relation to the powers and duties of the division of broadband access

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

     1    Section  1.  Section  10 of the highway law is amended by adding a new
     2  subdivision 24-e to read as follows:
     3    24-e. The commissioner shall not require a survey from any fiber optic
     4  utility for permitting or continuance of the  use  and  occupancy  of  a
     5  state  right  of way for the purposes of installing, modifying, relocat-
     6  ing, repairing, operating, or maintaining fiber optic facilities where a
     7  survey of the state  right  of  way  has  already  been  conducted  for,
     8  received  by,  or  is  otherwise  accessible to, the state department of
     9  transportation provided there have been no material changes to the right
    10  of way since such survey, or when such use and occupancy  of  the  state
    11  right  of  way  is  utilizing  existing infrastructure sited in the same
    12  location as the existing facilities, including but not limited to aerial
    13  pole attachments and underground conduits.  Notwithstanding the require-
    14  ments of this section or any other law, the commissioner may not require
    15  any such survey of the state right of way for any fiber optic deployment
    16  project receiving funding from the division of broadband  access  estab-
    17  lished pursuant to section 16-gg of section 1 of chapter 174 of the laws
    18  of  1968, as added by section 2 of part MMM of chapter 58 of the laws of
    19  2022.
    20    § 2. Subdivision 4, paragraph (f) of subdivision 6, and paragraph  (b)
    21  of  subdivision  13  of section 16-gg of section 1 of chapter 174 of the
    22  laws of 1968, constituting the New York state urban  development  corpo-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05181-01-3
        A. 8265                             2

     1  ration  act, as added by section 2 of part MMM of chapter 58 of the laws
     2  of 2022, are amended to read as follows:
     3    4.  Powers  and  duties  of  the  division  of broadband [development]
     4  access. The division shall have the power and duty to:
     5    (a) Coordinate the activities of all state agencies  performing  func-
     6  tions  affecting  access  to high-speed, reliable, and affordable broad-
     7  band.
     8    (b) Conduct research and analyses of matters affecting access to high-
     9  speed, reliable, and affordable broadband.
    10    (c) Advise and make recommendations to  the  commissioner  on  matters
    11  affecting access to high-speed, reliable, and affordable broadband.
    12    (d)  Provide  advisory  assistance  to municipalities, state and local
    13  authorities, and other entities to expand access  to  high-speed,  reli-
    14  able, and affordable broadband.
    15    (e)  Establish  and  implement  programs, including grant programs, to
    16  expand access to high-speed, reliable, and affordable broadband, includ-
    17  ing but not limited to: programs to improve broadband access at unserved
    18  and underserved locations; programs to deploy  broadband  infrastructure
    19  owned  or  managed by municipalities, state and local authorities, enti-
    20  ties established pursuant to section 99-y of the general municipal  law,
    21  or  not-for-profit  entities;  programs  to  deploy innovative broadband
    22  technologies and means to improve broadband access; including in low-in-
    23  come areas; programs to improve digital equity, digital  inclusion,  and
    24  digital literacy.
    25    (f)  Take  additional  actions  the division deems necessary to expand
    26  access to high-speed, reliable, and affordable broadband.
    27    (g) Campaign to increase awareness  of  and  enrollment  in  state  or
    28  federal internet subsidy programs.
    29    (h)  Work  with  the  state  education department and internet service
    30  providers to ensure schools, libraries and other locations  with  public
    31  and  communal internet have access to reliable high-speed broadband, and
    32  to assist school districts in ensuring availability of affordable broad-
    33  band services to students for remote learning.
    34    (f) The committee shall:
    35    (i) advise the director in carrying  out  the  functions,  powers  and
    36  duties of the division, as set forth in this article.
    37    (ii) advise the director, the governor, and the legislature concerning
    38  policy  changes necessary to promote expansion and development of access
    39  to high-speed, reliable, and affordable broadband.
    40    (iii) advise the director, the governor, and the legislature  concern-
    41  ing  existing policies of state agencies which may be counter-productive
    42  or inimical to promote expansion and deployment of high-speed, reliable,
    43  and affordable broadband.
    44    (iv) advise the director, the governor, and the legislature concerning
    45  the development of inter-governmental cooperation among agencies of  the
    46  federal,  state,  and  local governments and cooperation between private
    47  industry and government so  as  to  promote  expansion,  deployment  and
    48  continued provision of high-speed, reliable, and affordable broadband.
    49    (v)  advise  the director, the governor, and the legislature on issues
    50  related to fostering consumer  choice,  increasing  competition  in  the
    51  broadband industry, and promoting open-access infrastructure.
    52    (vi)  advise the director, in consultation with the division of broad-
    53  band access, on potential guidelines or regulations  for  implementation
    54  of broadband-related programs.
        A. 8265                             3

     1    (vii)  advise the director, the governor, and the legislature on poli-
     2  cies related to  the  deployment  of  wireless  and  cellular  services,
     3  including deployment of small cell networks for access to 5G services.
     4    (viii)  advise the director on policies to reduce regulatory obstacles
     5  and streamline regulations to promote access  to  high-speed,  reliable,
     6  and affordable broadband.
     7    (ix) advise the director on policies to maximize access to high-speed,
     8  reliable, and affordable broadband in affordable housing projects.
     9    (x)  advise  the director on policies relevant to ensuring that senior
    10  citizens have access to high-speed, reliable, and affordable broadband.
    11    (xi) make periodic  recommendations  [as  to  updates  to]  using  the
    12  [broadband report] findings of the reports required by the Comprehensive
    13  Broadband Connectivity Act.
    14    (b)  every  six  months,  beginning  twelve  months  after  the  first
    15  disbursement to a grant awardee under any program established under this
    16  section, until such a time that all funds associated with  all  programs
    17  established under this section have been fully expended, submit a report
    18  to  the governor, the temporary president of the senate, and the speaker
    19  of the assembly setting forth the activities undertaken by the  program.
    20  Such  reports  shall include, but need not be limited to, the details of
    21  the grants and recipients, locations of the  projects,  and  such  other
    22  information  as  the  division  deems necessary and appropriate[, to the
    23  extent that the production such reporting is not duplicative of  federal
    24  reporting  requirements  associated with broadband expansion in New York
    25  state under the Infrastructure  Investment  and  Jobs  Act  or  American
    26  Rescue  Plan  Act]. The division shall maintain, and regularly update, a
    27  database of all grants awarded by the division along with information on
    28  the awardees, amount of the award, project for which an award was  made,
    29  and  progress  on  completion  of  a  project.  Such  database  shall be
    30  published and made available on the department's website in a downloada-
    31  ble and searchable format. Such reports shall be included on the depart-
    32  ment's website and any other publicly  accessible  state  database  that
    33  list economic development programs as determined by the director.
    34    § 3. This act shall take effect immediately.