Bill Text: NY S06288 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that any provider that is owned and operated by a municipality, or is owned and operated by a domestic corporation as such term is defined in subparagraph five of paragraph (a) of section 102 of the not-for-profit corporation law and possessing a federal tax exemption designated as 501(c)(3) under the federal internal revenue code shall not be subject to a fee for such use or occupancy, and the development authority of the north country, as defined by title twenty-nine of article eight of the public authorities law, shall not be subject to a fee for such use or occupancy.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2022-01-14 - PRINT NUMBER 6288B [S06288 Detail]
Download: New_York-2021-S06288-Amended.html
Bill Title: Provides that any provider that is owned and operated by a municipality, or is owned and operated by a domestic corporation as such term is defined in subparagraph five of paragraph (a) of section 102 of the not-for-profit corporation law and possessing a federal tax exemption designated as 501(c)(3) under the federal internal revenue code shall not be subject to a fee for such use or occupancy, and the development authority of the north country, as defined by title twenty-nine of article eight of the public authorities law, shall not be subject to a fee for such use or occupancy.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2022-01-14 - PRINT NUMBER 6288B [S06288 Detail]
Download: New_York-2021-S06288-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6288--A 2021-2022 Regular Sessions IN SENATE April 20, 2021 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the highway law and the transportation corporations law, in relation to agreements for fiber optic utility use and occupancy of state right of way The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 24-e of section 10 of the highway law, as added 2 by section 1 of part RRR of chapter 59 of the laws of 2019, is amended 3 to read as follows: 4 24-e. The commissioner of transportation is hereby authorized to enter 5 into an agreement with any fiber optic utility for use and occupancy of 6 the state right of way for the purposes of installing, modifying, relo- 7 cating, repairing, operating, or maintaining fiber optic facilities. 8 Such agreement may include a fee for use and occupancy of the right of 9 way, provided, however, such fee shall not be greater than fair market 10 value. Any provider using or occupying a right of way in fulfillment of 11 a state grant award through the New NY Broadband Program shall not be 12 subject to a fee for such use or occupancy. Any provider that is owned 13 and operated by a municipality, or is owned and operated by a domestic 14 corporation as such term is defined in subparagraph five of paragraph 15 (a) of section one hundred two of the not-for-profit corporation law and 16 possessing a federal tax exemption pursuant to paragraph (3) of 17 subsection (c) of section 501 of the federal internal revenue code (26 18 United States Code Section 501(c)(3)) shall not be subject to a fee for 19 such use or occupancy; furthermore, the development authority of the 20 north county, as defined by title twenty-nine of article eight of the 21 public authorities law, shall not be subject to a fee for such use or 22 occupancy. Any fee for use or occupancy charged to a fiber optic utility EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09869-05-1S. 6288--A 2 1 shall not be passed through in whole or in part as a fee, charge, 2 increased service cost, or by any other means by a fiber optic utility 3 to any person or entity that contracts with such fiber optic utility for 4 service. Any compensation received by the state pursuant to such agree- 5 ment shall be deposited by the comptroller into the special obligation 6 reserve and payment account of the dedicated highway and bridge trust 7 fund established pursuant to section eighty-nine-b of the state finance 8 law. Nothing herein shall impair, inhibit, or otherwise affect the abil- 9 ity of any municipality to regulate zoning, land use, or any other power 10 or authority granted under the law. For purposes of this subdivision, 11 "municipality" shall include a county, city, village, or town. 12 § 2. Section 7 of the transportation corporations law, as added by 13 section 2 of part RRR of chapter 59 of the laws of 2019, is amended to 14 read as follows: 15 § 7. Agreement for fiber optic utility use and occupancy of state 16 right of way. The commissioner of transportation is hereby authorized to 17 enter into an agreement with any fiber optic utility for use and occu- 18 pancy of the state right of way for the purposes of installing, modify- 19 ing, relocating, repairing, operating, or maintaining fiber optic facil- 20 ities. Such agreement may include a fee for use and occupancy of the 21 right of way, provided, however, such fee shall not be greater than fair 22 market value. Any provider using or occupying a right of way in fulfill- 23 ment of a state grant award through the New NY Broadband Program shall 24 not be subject to a fee for such use or occupancy. Any provider that is 25 owned and operated by a municipality, or is owned and operated by a 26 domestic corporation as such term is defined in subparagraph five of 27 paragraph (a) of section one hundred two of the not-for-profit corpo- 28 ration law and possessing a federal tax exemption pursuant to paragraph 29 (3) of subsection (c) of section 501 of the federal internal revenue 30 code (26 United States Code Section 510(c)(3)) shall not be subject to a 31 fee for such use or occupancy; furthermore, the development authority of 32 the north county, as defined by title twenty-nine of article eight of 33 the public authorities law, shall not be subject to a fee for such use 34 or occupancy. Any fee for use or occupancy charged to a fiber optic 35 utility shall not be passed through in whole or in part as a fee, 36 charge, increased service cost, or by any other means by a fiber optic 37 utility to any person or entity that contracts with such fiber optic 38 utility for service. Any compensation received by the state pursuant to 39 such agreement shall be deposited by the comptroller into the special 40 obligation reserve and payment account of the dedicated highway and 41 bridge trust fund established pursuant to section eighty-nine-b of the 42 state finance law. Nothing herein shall impair, inhibit, or otherwise 43 affect the ability of any municipality to regulate zoning, land use, or 44 any other power or authority granted under the law. For purposes of this 45 section, "municipality" shall include a county, city, village, or town. 46 § 3. This act shall take effect on the first of April next succeeding 47 the date on which it shall have become a law; provided, however, that 48 the amendments to subdivision 24-e of section 10 of the highway law made 49 by section one of this act shall not affect the repeal of such subdivi- 50 sion and shall be deemed to expire and repeal therewith; and provided, 51 further, that the amendments to section 7 of the transportation corpo- 52 rations law made by section two of this act shall not affect the repeal 53 of such section and shall be deemed to expire and repeal therewith.
