NY State Senate Bill 2015-S7816

Senate Bill S7816

2015-2016 Legislative Session

Relates to requiring the solicitation of bids for fiber optic cable duct installation in certain cases

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to consumer protection

2015-S7816 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Municipal Law
Laws Affected:: Add Art 5-M §119-mm, Gen Muni L; amd §§38 & 40, Hway L

2015-S7816 (ACTIVE) - Summary

Relates to requiring the solicitation of bids for fiber optic cable duct installation in certain cases; requires solicitation of such bids for the installation of fiber optic cable duct contemporaneously with installation, repair and/or replacement of sewer and or/water lines undertaken by a municipality or municipalities; requires solicitation of such bids for the construction or improvement of state highways.

2015-S7816 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7816

 TITLE OF BILL :

An act to amend the general municipal law and the highway law, in
relation to the solicitation of bids for the installation of fiber
optic cable ducts

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will require municipalities to solicit bids for the
installation of fiber optic cable ducts concurrently with municipal
projects.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the general municipal law by adding a new article
5-M; Section 119-mm Fiber Optic Cable Duct Installation; Solicitation
of bids.

 JUSTIFICATION :

There are many potential future uses for fiber optics which will
ultimately provide cheaper and more efficient services for all New
Yorkers. Energy smart grid systems, smart surveillance systems, smart
cars, and smart cable cars are just some of the many possibilities for

our New York communities. First we must lay the groundwork or fiber
optic cable ducts through which the fiber optic cables will be pulled
through to create a fiber optic "backbone."

This bill requires that wherever there is public access for the
placement of water lines, steam, sewer lines, gas lines, electricity
and telecommunication wires within the state, a city, a town or a
village, and the opening of the roadways will occur to place, replace
or repair those systems, a municipality must open a bid for the
placement of fiber optic cable ducts.

The company that wins the bid and invests in the placement of the
ducts in any given municipality would earn revenue by renting fiber
optic access out at a per mile cost to other companies, thereby
creating a revenue stream that a municipality could share in. A fiber
optic "backbone" would exist once the fiber optic cable ducts are put
in place, allowing small companies to gain access to the system. This
would ultimately allow for more competition and lower rates for
consumers.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7816 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7816

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general  municipal  law  and  the  highway  law,  in
  relation  to  the  solicitation  of bids for the installation of fiber
  optic cable ducts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The general municipal law is amended by adding a new arti-
cle 5-M to read as follows:
                               ARTICLE 5-M
        FIBER OPTIC CABLE DUCT INSTALLATION; SOLICITATION OF BIDS
SECTION 119-MM. FIBER OPTIC CABLE DUCT INSTALLATION.
  S 119-MM. FIBER OPTIC CABLE DUCT INSTALLATION. 1. (A) WHEN  A  MUNICI-
PALITY,  ACTING  ALONE  OR  AS PART OF A JOINT WATER, SEWAGE OR DRAINAGE
PROJECT, INSTALLS, REPAIRS AND/OR  REPLACES  SEWER  LINES  AND/OR  WATER
LINES,  THE SOLICITATION OF BIDS FOR THE CONTEMPORANEOUS INSTALLATION OF
FIBER OPTIC CABLE DUCTS ALONG THAT PORTION OF ROAD REQUIRING  EXCAVATION
FOR  SUCH  PROJECT  SHALL  BE  REQUIRED AND SUCH MUNICIPALITY OR MUNICI-
PALITIES ACTING JOINTLY MAY AWARD A CONTRACT THEREFOR.
  (B) WHEN A MUNICIPALITY, ACTING ALONE OR AS PART OF A MUNICIPAL  COOP-
ERATION  AGREEMENT,  INSTALLS, REPAIRS AND/OR REPLACES GAS, STEAM, ELEC-
TRIC AND/OR TELECOMMUNICATIONS LINES, THE SOLICITATION OF BIDS  FOR  THE
CONTEMPORANEOUS  INSTALLATION  OF  FIBER  OPTIC  CABLE  DUCTS ALONG THAT
PORTION OF ROAD REQUIRING EXCAVATION FOR SUCH PROJECT SHALL BE  REQUIRED
AND  SUCH  MUNICIPALITY  OR  MUNICIPALITIES  ACTING  JOINTLY MAY AWARD A
CONTRACT THEREFOR.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN  OR  VILLAGE,  OR
COUNTY ON BEHALF OF A COUNTY WATER, SEWAGE OR DRAINAGE DISTRICT.
  (B)  "FIBER OPTIC CABLE DUCT" SHALL MEAN A CONDUIT THROUGH WHICH FIBER
OPTIC CABLES ARE PULLED.
  S 2. Section 38 of the highway law is amended by adding a new subdivi-
sion 10 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13963-05-6

S. 7816                             2

  10. EVERY CONTRACT ENTERED INTO PURSUANT TO  THE  PROVISIONS  OF  THIS
SECTION  SHALL  INCLUDE  A  PROVISION  PROVIDING FOR THE INSTALLATION OF
FIBER OPTIC CABLE DUCTS ALONG THE HIGHWAYS OR SECTIONS THEREOF THAT  ARE
THE SUBJECT OF SUCH CONTRACT.
  S  3. Section 40 of the highway law, as amended by chapter 1110 of the
laws of 1971, is amended to read as follows:
  S 40. Authority of commissioner of transportation with respect to  the
performance of contracts for construction, reconstruction or improvement
of state highways, highway projects under the supervision of the depart-
ment  of  transportation,  bridges,  grade  crossing eliminations, FIBER
OPTIC  CABLE  DUCT  INSTALLATION  and   stream   channel   improvements;
completion  of  work by surety; cancellation of contract by commissioner
of transportation.
  The performance of every contract for the construction, reconstruction
or improvement of a state highway, bridge, grade  crossing  elimination,
FIBER  OPTIC CABLE DUCT INSTALLATION or stream channel improvement shall
be under the supervision and control of the commissioner of  transporta-
tion,  and  it  shall  be  his  duty  to see that every such contract is
performed in accordance with the provisions of the contract and with the
plans and specifications forming a part thereof. If the commissioner  of
transportation  shall  determine that the work upon any contract for the
construction, improvement, maintenance, repair or reconstruction,  of  a
state  highway, other highway under the supervision of the department of
transportation, bridge, grade crossing elimination,  FIBER  OPTIC  CABLE
DUCT  INSTALLATION or stream channel improvement, is not being performed
according to the contract or for the best interest  of  the  state,  the
execution  of the work by the contractor may be temporarily suspended by
the commissioner of transportation, who may then proceed with  the  work
under  his own direction in such manner as will accord with the contract
specifications and be for the best interests of the  state;  or  he  may
terminate  the contractor's employment under the contract while it is in
progress, and thereupon, proceed with the work,  in  affirmance  of  the
contract,  by contract negotiated or publicly let, by the use of his own
forces, by calling upon the surety to complete the  work  in  accordance
with  the plans and specifications or by a combination of any such meth-
ods; or he may cancel the contract and either readvertise and  relet  as
provided  in section thirty-eight of this [chapter] ARTICLE, or complete
the work under his own direction in such manner as will accord with  the
contract  specifications and be for the best interests of the state. Any
excess in the cost of completing the contract beyond the price for which
it was originally awarded shall be charged to and paid by the contractor
failing to perform the work or his surety. Where the  estimate  for  the
completion  of a cancelled contract or defaulted contract, or a contract
being completed pursuant to the provisions of this section, is in excess
of the balance of the amount  originally  set  aside  by  the  state  to
provide  for  the construction, reconstruction, improvement, maintenance
or repair of such highway, or other construction project, together  with
any amount appropriated by the county, town or village for such improve-
ment, the commissioner of transportation is authorized to set aside from
any  funds  available  for  the  construction or reconstruction of state
highways, highway projects under the supervision of  the  department  of
transportation,  bridges, grade crossing eliminations, FIBER OPTIC CABLE
DUCT INSTALLATION and stream channel  improvements,  an  additional  sum
equal  to  such  excess including the proportionate share of the county,
town or village; and to pay such excess in the first instance, including
the share of the county, town or village,  pending  recovery  of  excess

S. 7816                             3

cost  from  the defaulting contractor or his surety, as provided in this
section. In the event that the state fails to recover from the  default-
ing contractor or surety the excess cost in completing the contract over
the  amount  for  which  it was originally awarded, the county, town, or
village shall pay to the state upon the demand of  the  commissioner  of
transportation the same proportion of such excess cost as was originally
appropriated  by  the  county, town or village, for the improvement, and
the board of supervisors,  town  board  or  village  trustees  shall  be
subject  to  mandamus proceedings by the attorney general to enforce the
payment of the share of the county, town or village of such excess cost.
Every contract for the construction, improvement, maintenance, repair or
reconstruction of a state highway, highway project under the supervision
of the department of transportation,  bridge,  FIBER  OPTIC  CABLE  DUCT
INSTALLATION,  grade crossing elimination or stream channel improvement,
shall reserve to the commissioner of transportation the right to suspend
or cancel the contract as above provided, and to complete the work ther-
eunder by contract negotiated or publicly let or by the use of  his  own
forces, or affirm the contract and thereupon to complete the work there-
under according to any of the methods above provided as the commissioner
of transportation may determine.
  S 4. This act shall take effect immediately.

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