Bill Text: NY S05165 | 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 [S05165 Detail]

Download: New_York-2023-S05165-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5165

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

        Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
          printed to be committed 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

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

        S. 5165                             2

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