Bill Text: NY S03109 | 2025-2026 | General Assembly | Introduced

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Bill Title: Establishes the "broadband deployment assistance act"; requires that substantially similar permits for broadband deployment be processed together at the same time and on an expedited basis; defines terms; authorizes municipalities to simultaneously process certain broadband permit applications that are substantially similar.

Spectrum: Bipartisan Bill

Status: (Introduced) 2025-01-23 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03109 Detail]

Download: New_York-2025-S03109-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3109

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 23, 2025
                                       ___________

        Introduced  by  Sens. COONEY, ROLISON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Energy and  Tele-
          communications

        AN  ACT  to  amend  the  general municipal law, in relation to requiring
          substantially similar permits for broadband deployment to be processed
          together at the same time and on an expedited basis

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

     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "broadband deployment assistance act".
     3    § 2. Legislative intent. The legislature finds and declares  that  the
     4  public's  increased  reliance  on  high-speed  internet access for work,
     5  telehealth, emergency response, education and commerce demonstrates  the
     6  need  for  legislation to accelerate the deployment of broadband infras-
     7  tructure. The length of time it takes for a local jurisdiction to  proc-
     8  ess  permits  for broadband projects directly impacts the length of time
     9  it takes before a project can provide high-speed internet service  to  a
    10  local  community and get people connected. The State's Broadband Equity,
    11  Access, and Deployment  Program  proposal  identified  streamlining  the
    12  permitting  process  as  a  critical component in the program's success.
    13  Consistent with these findings, the measures set forth  in  this  legis-
    14  lation  will  accelerate  broadband  deployment,  to  the benefit of the
    15  people of the state.
    16    The legislature further finds and  declares  that  processing  several
    17  substantially  similar  broadband  permit  applications at the same time
    18  will not only allow local governments  to  continue  to  receive  permit
    19  fees,  but  will  also  enable their staffs to process broadband permits
    20  more efficiently, as a group, and thus to help bridge the digital divide
    21  and more quickly connect communities to high-speed internet.  This  will
    22  allow  the  state  to  make  efficient use of incoming broadband funding
    23  while creating greater broadband equity among communities so more  indi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03280-01-5
        S. 3109                             2

     1  viduals  can  have  access  to  high-speed internet access for emergency
     2  response, remote work, telehealth, education and commerce.
     3    § 3. The general municipal law is amended by adding a new article 13-F
     4  to read as follows:
     5                                ARTICLE 13-F
     6                                  BROADBAND
     7  Section 310. Definitions.
     8          311. Permits for broadband projects.
     9    § 310. Definitions.  For  the  purposes of this article, the following
    10  terms shall have the following meanings  unless  the  context  indicates
    11  otherwise:
    12    1. "Batch broadband permit processing" means the simultaneous process-
    13  ing of more than one substantially similar broadband permit application.
    14    2.  "Broadband  permit  application"  means  an  application  or other
    15  request for approval submitted for review to a municipality in order  to
    16  authorize  the  construction or any portion or stage of the construction
    17  of a facility, including multiple applications or permits  required  and
    18  associated with the same facility.
    19    3.  "Facility"  means, but shall not be limited to, cable of any type,
    20  including associated electronics,  wireless  transmission  or  reception
    21  equipment,  or  any other type of equipment used in whole or in part for
    22  the transport of data, video or voice communications or services by wire
    23  or radio.
    24    4. "Initial application requirement" means the first step required  by
    25  a  municipality for an applicant to initiate a broadband permit applica-
    26  tion, which may be, but shall not be limited to, the filing of a  permit
    27  application  or  the  scheduling of a pre-application meeting, whichever
    28  occurs earlier.
    29    5. "Presumptively reasonable time"  means  sixty  days  for  attaching
    30  facilities  to  existing structures or ninety days for attaching facili-
    31  ties to  new  structures,  in  either  case  following  the  applicant's
    32  completion of the initial application requirement, except as modified by
    33  a  mutual, written agreement between the municipality and the applicant;
    34  provided, however, that if the  municipality  provides  a  determination
    35  backed  by substantial written evidence that more time for review of the
    36  broadband permit application is needed, the minimum needed time, as  set
    37  forth  in  the determination, shall apply. If an applicant believes that
    38  such a determination is insufficiently supported, the applicant may seek
    39  review of the determination in a proceeding pursuant to  article  seven-
    40  ty-eight  of  the  civil practice law and rules. The proceeding shall be
    41  given preference and shall be brought on for argument on such terms  and
    42  conditions as the presiding justice may direct, not to exceed forty-five
    43  days.  In any such proceeding, the municipality shall bear the burden of
    44  proof.
    45    6. "Substantially similar broadband permit applications" means  broad-
    46  band  permit  applications that share substantial commonalities in terms
    47  of purpose, equipment, location, or general design.
    48    § 311. Permits for broadband projects. 1. Upon receipt of up to thirty
    49  substantially similar broadband permit applications from a single appli-
    50  cant, the municipality shall process such applications at the same  time
    51  and  on  an expedited basis within a presumptively reasonable time.  The
    52  applicant shall explicitly identify  the  applications  for  which  such
    53  batch broadband permit processing is requested. The applicant shall have
    54  the  discretion to file a consolidated application. The municipality may
    55  not refuse to accept such applications in order to defer  the  start  of
    56  the presumptively reasonable time period.
        S. 3109                             3

     1    2.  Once  a  broadband  permit application is submitted, either at the
     2  time of the initial application requirement or subsequently, the munici-
     3  pality shall notify the applicant in writing within  ten  days  of  such
     4  application submission if the application is materially incomplete. Such
     5  notice shall clearly and specifically identify all documents or informa-
     6  tion  alleged  to be missing from the application, and shall specify the
     7  related code provision, ordinance, application instruction or  otherwise
     8  publicly-stated  procedures  related to the alleged missing information.
     9  The issuance of such a notice shall not toll  or  otherwise  affect  the
    10  running  of the presumptively reasonable time, unless such time is meas-
    11  ured from the filing of the permit application, in which case the sixty-
    12  or ninety-day period shall  restart  at  the  time  that  the  applicant
    13  submits the complete application.
    14    3.  If  a  municipality  does  not  approve such substantially similar
    15  broadband permit applications submitted for batch broadband permit proc-
    16  essing, or issue permits or other required  authorizations  pursuant  to
    17  such  applications,  within  the  presumptively reasonable time, all the
    18  permits in the batch shall be deemed approved.
    19    4. If a municipality determines  that  one  or  more  of  the  permits
    20  submitted  for  batch broadband permit processing are not approved, such
    21  denial shall not affect the  timely  and  expedited  processing  of  the
    22  remaining permits. If the final decision is to deny the application, the
    23  final decision document shall state the basis for such denial, including
    24  specific  code  provisions  on  which the denial was based, and send the
    25  decision document to the applicant on or before the day of denial.
    26    5. A permit for construction granted pursuant to this section shall be
    27  valid for a period of one year after issuance  unless  the  jurisdiction
    28  and  applicant agree to extend the one-year period or delay is caused by
    29  events outside of the reasonable control of the applicant.
    30    6. Where limited resources affect a municipality's ability to  process
    31  batched  broadband  permit  applications, a municipality shall work with
    32  the applicant in good faith to resolve those resource limitations, which
    33  may include, but is not  limited  to,  provision  by  the  applicant  of
    34  supplemental resources.
    35    7.  For  the purposes of this article, a period of time expressed as a
    36  number of days shall be computed in accordance with  section  twenty  of
    37  the general construction law.
    38    8.  This  article  shall  not apply to cities with a population of one
    39  million or greater.
    40    § 4. This act shall take effect on the ninetieth day  after  it  shall
    41  have become a law.