S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9398
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the transportation law, the public service law  and  the
   highway  law,  in  relation  to  installing  fiber optic utility along
   certain highways
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The transportation law is amended by adding a new section
 23 to read as follows:
   § 23. MAINTAINING FIBER OPTIC UTILITY ALONG HIGHWAYS. THE COMMISSIONER
 SHALL ENTER INTO AN AGREEMENT WITH  ANY  FIBER  OPTIC  UTILITY  FOR  THE
 PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING, OPERATING, AND
 MAINTAINING  FIBER  OPTIC  FACILITIES  AND  FIBER OPTIC CABLES ALONG ALL
 THRUWAYS AND HIGHWAYS MAINTAINED BY THE NEW YORK STATE THRUWAY AUTHORITY
 AND THE METROPOLITAN TRANSPORTATION AUTHORITY SO SUCH FIBER OPTIC FACIL-
 ITIES AND CABLES MAY BE UTILIZED FOR ACCESS TO FIBER OPTIC AND BROADBAND
 SERVICES.
   § 2. The transportation law is amended by adding a new section  24  to
 read as follows:
   §  24.  BROADBAND  CONDUIT  REQUIREMENT  FOR CERTAIN HIGHWAY PROJECTS.
 NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY,  ANY  HIGHWAY  OR
 THRUWAY PROJECT WHICH RECEIVES STATE FUNDING SHALL INCLUDE THE INSTALLA-
 TION  OF CONDUITS SUITABLE FOR FIBER OPTIC CABLES OR WIRELESS FACILITIES
 THAT SUPPORT BROADBAND SERVICES.
   § 3. The public service law is amended by adding a new  section  119-d
 to read as follows:
   §  119-D.  BROADBAND  CONDUIT  ACCESS. THE COMMISSION, IN CONSULTATION
 WITH THE DEPARTMENT  OF  TRANSPORTATION,  THE  NEW  YORK  STATE  THRUWAY
 AUTHORITY  AND  THE  METROPOLITAN  TRANSPORTATION AUTHORITY SHALL ENSURE
 THAT ANY REQUESTING PROVIDER OF BROADBAND SERVICES  HAS  ACCESS  TO  ANY
 BROADBAND  CONDUIT INSTALLED PURSUANT TO THE PROVISIONS OF SECTION TWEN-
 TY-FOUR OF THE TRANSPORTATION LAW OR FIBER OPTIC CABLE INSTALLED  PURSU-
 ANT TO SECTION TWENTY-THREE OF THE TRANSPORTATION LAW. SUCH ACCESS SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03245-01-3
              

 A. 9398                             2
 
 BE  ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, FOR A CHARGE
 NOT TO EXCEED A COST-BASED RATE.
   § 4. Section 10 of the highway law is amended by adding a new subdivi-
 sion 47 to read as follows:
   47.  HAVE  THE  AUTHORITY TO ENTER INTO AGREEMENTS AND/OR CONTRACTS TO
 ENSURE ALL THRUWAYS AND HIGHWAYS MAINTAINED BY THE NEW YORK STATE  THRU-
 WAY  AUTHORITY  AND THE METROPOLITAN TRANSPORTATION AUTHORITY HAVE FIBER
 OPTIC CABLE ALONG SUCH THRUWAYS AND HIGHWAYS PURSUANT TO  SECTION  TWEN-
 TY-THREE OF THE TRANSPORTATION LAW AND UPON SUCH TERMS AND CONDITIONS AS
 DEEMED APPROPRIATE BY THE COMMISSIONER OR COMMISSIONER'S DESIGNEE.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.