Bill Text: NY A09964 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 9964

Bill Title: Provides an exemption for certain fiber optic cable assessments in Erie county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - substituted by s8978a [A09964 Detail]

Download: New_York-2023-A09964-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         9964--A

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced by M. of A. RIVERA -- read once and referred to the Committee
          on  Real  Property  Taxation  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the real property tax law, in relation to  providing  an
          exemption  against certain fiber optic cable assessments for municipal
          fiber optic broadband companies in Erie county; and providing for  the
          repeal of such provisions upon expiration thereof

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

     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 431 to read as follows:
     3    §  431. Fiber optic cable in Erie county. 1.  For the purposes of this
     4  section the following terms shall have the following meanings:
     5    (a) "Municipal fiber optic  broadband  company"  shall  mean  a  local
     6  authority  as  defined in section two of the public authorities law or a
     7  municipal corporation as defined in section two of the general municipal
     8  law engaged in the construction, operation, marketing and sale of  fiber
     9  optic broadband infrastructure and services and located in Erie county.
    10    (b)  "Municipal  fiber optic network" shall mean municipal fiber optic
    11  cable and infrastructure owned by  a  municipal  fiber  optic  broadband
    12  company.
    13    (c)  "Municipal fiber optic cable and infrastructure" shall mean fiber
    14  optic cable and related equipment which is owned  and  installed  by  or
    15  caused  to  be installed by a municipal fiber optic broadband company to
    16  transmit, or facilitate the transmission, of  broadband  data,  applica-
    17  tions, and services to end users located in Erie county.
    18    2.  Notwithstanding  any  other  provision of law to the contrary, all
    19  municipal fiber optic networks  and  municipal  fiber  optic  cable  and
    20  infrastructure  owned  by  a  municipal  fiber  optic broadband company,
    21  whether located on public or private property,  and  installed  for  the
    22  purpose  of  distributing  broadband  technology  and services, shall be
    23  exempt from real property taxes, levies and assessments.
    24    3. In any contracting for the construction, operation, and  management
    25  of  a  municipal  fiber  optic  network, the municipal broadband company

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15076-03-4

        A. 9964--A                          2

     1  shall prioritize applicants that have and  commit  to  maintaining  high
     2  standards  of  workplace  safety  practices,  training, certification or
     3  licensure for all relevant workers, and compliance with state and feder-
     4  al  workplace  protections;  ensure that persons, companies, or entities
     5  seeking to contract with the  municipal  broadband  company  demonstrate
     6  suitable  fiscal,  technical,  operational, and management capabilities;
     7  ensure that applicants for funding provide certifications as to  compli-
     8  ance  with  relevant safety standards, including the National Electrical
     9  Safety Code; ensure that applicants for funding  provide  certifications
    10  as  to  compliance  with relevant workplace protections as determined by
    11  the department of labor including the  Occupational  Safety  and  Health
    12  Act,  the Fair Labor Standards Act, Title VII of the Civil Rights Act of
    13  1964, and New York State labor and employment laws; ensure  that  appli-
    14  cants  for funding submit to the municipal broadband company a workforce
    15  plan  which  shall  include:  (a)  information  regarding  whether   the
    16  construction  workforce  will  be directly employed or subcontracted and
    17  what entity employs the workforce; (b) the anticipated size of the work-
    18  force required to carry out the proposed  work;  (c)  a  description  of
    19  plans  to  maximize  use  of  local  or  regional  workforce;  and (d) a
    20  description of the expected workforce safety standards and  training  to
    21  ensure the project is completed at a high standard. The municipal broad-
    22  band company shall publish workforce plans publicly on its website.
    23    4.  Municipal fiber optic networks shall be subject to prevailing wage
    24  requirements in accordance with article eight of the labor law.
    25    5. The commissioner is hereby authorized and  directed  to  promulgate
    26  rules  and  regulations  necessary  to  implement the provisions of this
    27  section.
    28    § 2. This act shall take effect immediately and shall  expire  and  be
    29  deemed  repealed  2  years after such date and shall apply to assessment
    30  rolls prepared on the basis of taxable  status  dates  occurring  on  or
    31  after such date.