NY State Senate Bill 2019-S8693A

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2020	print number 8693a
Oct 26, 2020	amend (t) and recommit to rules
Jul 08, 2020	referred to rules

Bill Amendments

Original

A (Active)

2019-S8693 - Details

Current Committee:: Senate Rules
Law Section:: Highway Law
Laws Affected:: Amd §10, Hway L; amd §7, add §8, Transp Corps L
Versions Introduced in 2021-2022 Legislative Session:: S3910

2019-S8693 - Summary

Authorizes the commissioner of transportation to enter into an agreement with all entities for use and occupancy of the state right of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber optic facilities.

2019-S8693 - Sponsor Memo

                                
 
BILL NUMBER: S8693

SPONSOR: KENNEDY
skus on;TITLE OF BILL:  An act to amend the highway law and the trans-
portation corporations law, in relation to agreements for fiber optic
use and occupancy of state right of way; and providing for the repeal of
such provisions upon expiration thereof

 
PURPOSE:

To assess a pro-rata basis for fees assessed on companies utilizing the
right of way on Department of Transportation property.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the highway law to authorize the Commis-
sioner of the Department of Transportation to enter into an agreement
with all entities that use and occupy of the state right of way for the
purpose of installing, modifying, repairing, operating or maintaining
fiber optic facilities.

Section 2 of the bill amends Article 1 of the transportation corporation

law by amending section 7 and adding a new section 8.  This section
provides that the commissioner shall enter into an agreement with all
entities that use and occupy of the state right of way, such agreement
shall include a fee based on the departments cost of managing the states
right of way and assessed annually on a pro rata basis to all entities
occupying the state right of way.  This section further describes the
process in which the annual fee for use and occupancy of the state right
of way shall be assessed.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

As part of the 2019-20 New York State budget agreement, provisions were
enacted which authorized the Department of Transportation to enter into
state right of way use and occupancy agreements with "fiber optic utili-
ties." This authorized the Department to charge "fair market value of
the issuance of use-and-occupancy permits for fiber optic installations
in the state right-of-way," and that this authority allows the Depart-
ment to charge "all (ROW) occupants, including transportation corpo-
rations, that currently have fiber optic cables within the state right-
of-way."

In October of 2019, the Department put forth a fee schedule associated
with implementing the enacted provisions of the FY 2020 New York State
budget, which has caused additional steps to be added to the permitting
process, delaying deployment of critical infrastructure.  The additional
infrastructure in New York is critical to support the additional
geographic reach and demands on the broadband and wireless networks as
highlighted by the COVID-19 pandemic.

In order to streamline the permitting process and to rationalize the
fees for use and occupancy of the state right of way, this legislation
would assess each company on a pro-rata basis based on the length of its
fiber that is owned occupying the state right of way .

 
LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed five years after such date, provided that agreements executed
prior to such repeal shall be permitted to continue for the term of the
agreement executed under this act notwithstanding such repeal.

2019-S8693 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8693
 
                             I N  S E N A T E
 
                               July 8, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to agreements for fiber optic use and occupancy  of  state
   right  of  way;  and  providing for the repeal of such provisions upon
   expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 24-e of section 10 of the highway law, as added
 by  section  1 of part RRR of chapter 59 of the laws of 2019, is amended
 to read as follows:
   24-e. The commissioner of transportation is hereby authorized to enter
 into an agreement with [any fiber optic utility] ALL  ENTITIES  for  use
 and  occupancy of the state right of way for the purposes of installing,
 modifying, relocating, repairing, operating, or maintaining fiber  optic
 facilities.   [Such agreement may include a fee for use and occupancy of
 the right of way, provided, however, such fee shall not be greater  than
 fair  market  value.  Any  provider using or occupying a right of way in
 fulfillment of a state grant award through the New NY Broadband  Program
 shall not be subject to a fee for such use or occupancy. Any fee for use
 or  occupancy  charged  to  a  fiber  optic  utility shall not be passed
 through in whole or in part as a fee, charge, increased service cost, or
 by any other means by a fiber optic utility to any person or entity that
 contracts with such fiber optic utility for  service.  Any  compensation
 received  by  the state pursuant to such agreement shall be deposited by
 the comptroller into the special obligation reserve and payment  account
 of  the  dedicated highway and bridge trust fund established pursuant to
 section eighty-nine-b of the state finance  law.  Nothing  herein  shall
 impair,  inhibit, or otherwise affect the ability of any municipality to
 regulate zoning, land use, or any other power or authority granted under
 the law.  For purposes of this subdivision, "municipality" shall include
 a county, city, village, or town.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16709-03-0

 S. 8693                             2
 
   § 2. Section 7 of the transportation corporations  law,  as  added  by
 section  2  of part RRR of chapter 59 of the laws of 2019, is amended to
 read as follows:
   §  7.  Agreement  for fiber optic [utility] use and occupancy of state
 right of way. The commissioner of transportation [is  hereby  authorized
 to]  SHALL  enter  into  an agreement with [any fiber optic utility] ALL
 ENTITIES for use and occupancy  of  the  state  right  of  way  for  the
 purposes  of installing, modifying, relocating, repairing, operating, or
 maintaining fiber optic facilities. Such agreement [may] SHALL include a
 fee for use and occupancy of the STATE right of way, provided,  however,
 such  fee  shall [not be greater than fair market value] BE BASED ON THE
 DEPARTMENT OF TRANSPORTATION'S COST OF MANAGING THE STATE RIGHT  OF  WAY
 AND  ASSESSED ANNUALLY TO ALL ENTITIES OCCUPYING THE STATE RIGHT OF WAY.
 Any provider using or occupying a right of way in fulfillment of a state
 grant award through the New NY Broadband Program shall not be subject to
 a fee for such use or occupancy. [Any fee for use or  occupancy  charged
 to a fiber optic utility shall not be passed through in whole or in part
 as  a  fee,  charge,  increased service cost, or by any other means by a
 fiber optic utility to any person or entity  that  contracts  with  such
 fiber  optic utility for service. Any compensation received by the state
 pursuant to such agreement shall be deposited by  the  comptroller  into
 the  special  obligation  reserve  and  payment account of the dedicated
 highway and bridge trust fund established pursuant  to  section  eighty-
 nine-b  of  the state finance law. Nothing herein shall impair, inhibit,
 or otherwise affect the ability of any municipality to regulate  zoning,
 land  use,  or  any  other power or authority granted under the law. For
 purposes of this section, "municipality" shall include a  county,  city,
 village,  or  town]  SUCH COMPENSATION RECEIVED BY THE STATE PURSUANT TO
 SUCH AGREEMENT SHALL BE DEPOSITED BY THE COMPTROLLER  INTO  THE  SPECIAL
 OBLIGATION  RESERVE  AND  PAYMENT  ACCOUNT  OF THE DEDICATED HIGHWAY AND
 BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B  OF  THE
 STATE FINANCE LAW.
   §  3.  The  transportation corporations law is amended by adding a new
 section 8 to read as follows:
   § 8. ASSESSMENT OF ANNUAL FEE FOR USE AND OCCUPANCY OF THE STATE RIGHT
 OF WAY. 1. THE COMMISSIONER OF TRANSPORTATION IS AUTHORIZED TO ASSESS AN
 ANNUAL FEE TO ALL ENTITIES OCCUPYING THE STATE RIGHT OF WAY  ON  A  PRO-
 RATA  BASIS  OF THE TOTAL LINEAR LENGTH OF FIBER FACILITIES OWNED BY THE
 ENTITIES AS OF MARCH THIRTY-FIRST OF EACH YEAR.
   2. THE DEPARTMENT OF TRANSPORTATION SHALL DEVELOP A STANDARDIZED FORM,
 WHICH AT A MINIMUM SHALL REQUIRE FROM EACH ENTITY THE TOTAL LINEAR  FEET
 OF  STATE  RIGHT OF WAY OCCUPANCY, WITHOUT REGARD TO THE NUMBER OF FIBER
 STRANDS OR CABLES AN ENTITY HAS DEPLOYED IN THE STATE RIGHT OF WAY.  THE
 TOTAL  LINEAR  FEET SHALL INCLUDE BOTH AERIAL AND UNDERGROUND FACILITIES
 OCCUPYING THE STATE RIGHT OF WAY AS OF MARCH THIRTY-FIRST OF EACH  YEAR.
 SUCH  STANDARDIZED FORM SHALL INCLUDE A CERTIFICATION AND ATTESTATION TO
 THE TRUE AND ACCURATE NATURE OF THE ENTITY'S REPORTED TOTAL LINEAR  FEET
 AND  EACH  ENTITY SHALL SUBMIT SAID FORM NO LATER THAN MAY FIRST OF EACH
 YEAR.
   3. THE ANNUAL FEE SHALL BE ASSESSED  TO  ALL  ENTITIES  OCCUPYING  THE
 STATE RIGHT OF WAY ON A PRO-RATA BASIS ON OR BEFORE JUNE THIRTIETH ANNU-
 ALLY.  PROVIDED, HOWEVER THAT ANY FEES COLLECTED PURSUANT TO SUBDIVISION
 TWENTY-FOUR-E OF SECTION TEN OF THE HIGHWAY LAW SHALL  BE  APPLIED.  ALL
 FEES  AND SECURITY DEPOSITS REMITTED TO THE DEPARTMENT OF TRANSPORTATION
 BY AN ENTITY BETWEEN OCTOBER FIRST,  TWO  THOUSAND  NINETEEN  AND  MARCH
 THIRTY-FIRST,  TWO THOUSAND TWENTY SHALL BE APPLIED TOWARD THAT ENTITY'S

 S. 8693                             3
 
 FIRST YEAR PRO-RATA PAYMENT. ALL FEES AND SECURITY DEPOSITS REMITTED  TO
 THE  DEPARTMENT  OF TRANSPORTATION FROM APRIL FIRST, TWO THOUSAND TWENTY
 AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE SHALL BE APPLIED  TOWARD
 THAT  ENTITY'S SECOND YEAR PRO-RATA PAYMENT. IN THE EVENT THAT THE ENTI-
 TY'S PAYMENTS MADE IN ANY YEAR EXCEED THE CALCULATED PRO-RATA SHARE  FOR
 THAT  ENTITY,  THE EXCESS FEES AND SECURITY DEPOSITS SHALL BE APPLIED TO
 THE SUBSEQUENT YEARS' PRO-RATA PAYMENTS AS APPROPRIATE.
   4. NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO  THE  CONTRARY,  SUCH
 TOTAL  ANNUAL FEE COLLECTED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT
 TO THIS SECTION FOR FIBER OPTIC USE AND OCCUPANCY OF THE STATE RIGHT  OF
 WAY  SHALL NOT EXCEED: FIFTEEN MILLION DOLLARS FOR STATE FISCAL YEAR TWO
 THOUSAND TWENTY; THIRTY MILLION DOLLARS FOR STATE FISCAL YEAR TWO  THOU-
 SAND  TWENTY-ONE; FIFTY MILLION DOLLARS FOR STATE FISCAL YEARS TWO THOU-
 SAND TWENTY-TWO THROUGH TWO THOUSAND TWENTY-FOUR AND SHALL BE PAID ON  A
 PRO-RATA BASIS BY ALL ENTITIES OCCUPYING THE STATE RIGHT OF WAY.
   5.  NOTWITHSTANDING  ANY  OTHER  LAW  OR PROVISION TO THE CONTRARY THE
 DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO CONTRACT WITH AN INDEPEND-
 ENT CONSULTANT TO DETERMINE AND ASSESS THE ANNUAL FEE FOR USE AND  OCCU-
 PANCY OF THE STATE RIGHT OF WAY.
   § 4. This act shall take effect immediately and shall expire April 12,
 2024  when  upon  such  date  the provisions of this act shall be deemed
 repealed, provided, however, that the amendments to subdivision 24-e  of
 section  10  of  the highway law made by section one of this act and the
 amendments to section 7 of the transportation corporations law  made  by
 section  two of this act shall not affect the repeal of such subdivision
 and such section and shall be deemed repealed therewith.

2019-S8693A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Highway Law
Laws Affected:: Amd §10, Hway L; amd §7, add §8, Transp Corps L
Versions Introduced in 2021-2022 Legislative Session:: S3910

2019-S8693A (ACTIVE) - Summary

2019-S8693A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8693a

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the highway law and the transportation corporations law,
in relation to agreements for fiber optic use and occupancy of state
right of way; and providing for the repeal of certain provisions upon
expiration thereof

 
PURPOSE:

To assess a pro-rata basis for fees assessed on companies utilizing the
right of way on Department of Transportation property.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the highway law to authorize the Commis-
sioner of the Department of Transportation to enter into an agreement
with all entities that use and occupy of the state right of way for the
purpose of installing, modifying, repairing, operating or maintaining

fiber optic facilities.

Section 2 of the bill amends Article 1 of the transportation corporation
law by amending section 7 and adding a new section 8.  This section
provides that the commissioner shall enter into an agreement with all
entities that use and occupy of the state right of way, such agreement
shall include a fee based on the departments cost of managing the states
right of way and assessed annually on a pro rata basis to all entities
occupying the state right of way. This section further describes the
process in which the annual fee for use and occupancy of the state right
of way shall be assessed.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

As part of the 2019-20 New York State budget agreement, provisions were
enacted which authorized the Department of Transportation to enter into
state right of way use and occupancy agreements with "fiber optic utili-
ties." This authorized the Department to charge "fair market value of
the issuance of use-and-occupancy permits for fiber optic installations
in the state right-of-way," and that this authority allows the Depart-
ment to charge "all (ROW) occupants, including transportation corpo-
rations, that currently have fiber optic cables within the state right-
of-way."

In October of 2019, the Department put forth a fee schedule associated
with implementing the enacted provisions of the FY 2020 New York State
budget, which has caused additional steps to be added to the permitting
process, delaying deployment of critical infrastructure.  The additional
infrastructure in New York is critical to support the additional
geographic reach and demands on the broadband and wireless networks as
highlighted by the COVID-19 pandemic.

In order to streamline the permitting process and to rationalize the
fees for use and occupancy of the state right of way, this legislation
would assess each company on a pro-rata basis based on the length of its

fiber that is owned occupying the state right of way, while preventing
any company from passing this fee along to consumers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed five years after such date, provided that agreements executed
prior to such repeal shall be permitted to continue for the term of the
agreement executed under this act notwithstanding such repeal.

2019-S8693A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8693--A
 
                             I N  S E N A T E
 
                               July 8, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the highway law and the transportation corporations law,
   in  relation  to agreements for fiber optic use and occupancy of state
   right of way; and providing for the repeal of certain provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 24-e of section 10 of the highway law, as added
 by section 1 of part RRR of chapter 59 of the laws of 2019,  is  amended
 to read as follows:
   24-e. The commissioner of transportation is hereby authorized to enter
 into  an  agreement  with [any fiber optic utility] ALL ENTITIES for use
 and occupancy of the state right of way for the purposes of  installing,
 modifying,  relocating, repairing, operating, or maintaining fiber optic
 facilities.  [Such agreement may include a fee for use and occupancy  of
 the  right of way, provided, however, such fee shall not be greater than
 fair market value. Any provider using or occupying a  right  of  way  in
 fulfillment  of a state grant award through the New NY Broadband Program
 shall not be subject to a fee for such use or occupancy. Any fee for use
 or occupancy charged to a  fiber  optic  utility  shall  not  be  passed
 through in whole or in part as a fee, charge, increased service cost, or
 by any other means by a fiber optic utility to any person or entity that
 contracts  with  such  fiber optic utility for service. Any compensation
 received by the state pursuant to such agreement shall be  deposited  by
 the  comptroller into the special obligation reserve and payment account
 of the dedicated highway and bridge trust fund established  pursuant  to
 section  eighty-nine-b  of  the  state finance law. Nothing herein shall
 impair, inhibit, or otherwise affect the ability of any municipality  to
 regulate zoning, land use, or any other power or authority granted under
 the law.  For purposes of this subdivision, "municipality" shall include
 a county, city, village, or town.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16709-04-0

 S. 8693--A                          2
 
   §  2.  Section  7  of the transportation corporations law, as added by
 section 2 of part RRR of chapter 59 of the laws of 2019, is  amended  to
 read as follows:
   §  7.  Agreement  for fiber optic [utility] use and occupancy of state
 right of way. The commissioner of transportation [is  hereby  authorized
 to]  SHALL  enter  into  an agreement with [any fiber optic utility] ALL
 ENTITIES for use and occupancy  of  the  state  right  of  way  for  the
 purposes  of installing, modifying, relocating, repairing, operating, or
 maintaining fiber optic facilities. Such agreement [may] SHALL include a
 fee for use and occupancy of the STATE right of way, provided,  however,
 such  fee  shall [not be greater than fair market value] BE BASED ON THE
 DEPARTMENT OF TRANSPORTATION'S COST OF MANAGING THE STATE RIGHT  OF  WAY
 AND  ASSESSED ANNUALLY TO ALL ENTITIES OCCUPYING THE STATE RIGHT OF WAY.
 Any provider using or occupying a right of way in fulfillment of a state
 grant award through the New NY Broadband Program shall not be subject to
 a fee for such use or occupancy. Any fee for use or occupancy charged to
 a fiber optic utility shall not be passed through in whole or in part as
 a fee, charge, increased service cost, or by any other means by a  fiber
 optic  utility  to  any  person or entity that contracts with such fiber
 optic utility for service.  [Any  compensation  received  by  the  state
 pursuant  to  such  agreement shall be deposited by the comptroller into
 the special obligation reserve and  payment  account  of  the  dedicated
 highway  and  bridge  trust fund established pursuant to section eighty-
 nine-b of the state finance law. Nothing herein shall  impair,  inhibit,
 or  otherwise affect the ability of any municipality to regulate zoning,
 land use, or any other power or authority granted  under  the  law.  For
 purposes  of  this section, "municipality" shall include a county, city,
 village, or town] SUCH COMPENSATION RECEIVED BY THE  STATE  PURSUANT  TO
 SUCH  AGREEMENT  SHALL  BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL
 OBLIGATION RESERVE AND PAYMENT ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND
 BRIDGE  TRUST  FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE
 STATE FINANCE LAW.
   § 3. The transportation corporations law is amended by  adding  a  new
 section 8 to read as follows:
   § 8. ASSESSMENT OF ANNUAL FEE FOR USE AND OCCUPANCY OF THE STATE RIGHT
 OF WAY. 1. THE COMMISSIONER OF TRANSPORTATION IS AUTHORIZED TO ASSESS AN
 ANNUAL  FEE  TO  ALL ENTITIES OCCUPYING THE STATE RIGHT OF WAY ON A PRO-
 RATA BASIS OF THE TOTAL LINEAR LENGTH OF FIBER FACILITIES OWNED  BY  THE
 ENTITIES AS OF MARCH THIRTY-FIRST OF EACH YEAR.
   2. THE DEPARTMENT OF TRANSPORTATION SHALL DEVELOP A STANDARDIZED FORM,
 WHICH  AT A MINIMUM SHALL REQUIRE FROM EACH ENTITY THE TOTAL LINEAR FEET
 OF STATE RIGHT OF WAY OCCUPANCY, WITHOUT REGARD TO THE NUMBER  OF  FIBER
 STRANDS  OR CABLES AN ENTITY HAS DEPLOYED IN THE STATE RIGHT OF WAY. THE
 TOTAL LINEAR FEET SHALL INCLUDE BOTH AERIAL AND  UNDERGROUND  FACILITIES
 OCCUPYING  THE STATE RIGHT OF WAY AS OF MARCH THIRTY-FIRST OF EACH YEAR.
 SUCH STANDARDIZED FORM SHALL INCLUDE A CERTIFICATION AND ATTESTATION  TO
 THE  TRUE AND ACCURATE NATURE OF THE ENTITY'S REPORTED TOTAL LINEAR FEET
 AND EACH ENTITY SHALL SUBMIT SAID FORM NO LATER THAN MAY FIRST  OF  EACH
 YEAR.
   3.  THE  ANNUAL  FEE  SHALL  BE ASSESSED TO ALL ENTITIES OCCUPYING THE
 STATE RIGHT OF WAY ON A PRO-RATA BASIS ON OR BEFORE JUNE THIRTIETH ANNU-
 ALLY. PROVIDED, HOWEVER THAT ANY FEES COLLECTED PURSUANT TO  SUBDIVISION
 TWENTY-FOUR-E  OF  SECTION  TEN OF THE HIGHWAY LAW SHALL BE APPLIED. ALL
 FEES AND SECURITY DEPOSITS REMITTED TO THE DEPARTMENT OF  TRANSPORTATION
 BY  AN  ENTITY  BETWEEN  OCTOBER  FIRST, TWO THOUSAND NINETEEN AND MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY SHALL BE APPLIED TOWARD THAT  ENTITY'S

 S. 8693--A                          3
 
 FIRST  YEAR PRO-RATA PAYMENT. ALL FEES AND SECURITY DEPOSITS REMITTED TO
 THE DEPARTMENT OF TRANSPORTATION FROM APRIL FIRST, TWO  THOUSAND  TWENTY
 AND  MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE SHALL BE APPLIED TOWARD
 THAT  ENTITY'S SECOND YEAR PRO-RATA PAYMENT. IN THE EVENT THAT THE ENTI-
 TY'S PAYMENTS MADE IN ANY YEAR EXCEED THE CALCULATED PRO-RATA SHARE  FOR
 THAT  ENTITY,  THE EXCESS FEES AND SECURITY DEPOSITS SHALL BE APPLIED TO
 THE SUBSEQUENT YEARS' PRO-RATA PAYMENTS AS APPROPRIATE.
   4. NOTWITHSTANDING ANY OTHER LAW OR PROVISION TO  THE  CONTRARY,  SUCH
 TOTAL  ANNUAL FEE COLLECTED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT
 TO THIS SECTION FOR FIBER OPTIC USE AND OCCUPANCY OF THE STATE RIGHT  OF
 WAY  SHALL NOT EXCEED: FIFTEEN MILLION DOLLARS FOR STATE FISCAL YEAR TWO
 THOUSAND TWENTY; THIRTY MILLION DOLLARS FOR STATE FISCAL YEAR TWO  THOU-
 SAND  TWENTY-ONE; FIFTY MILLION DOLLARS FOR STATE FISCAL YEARS TWO THOU-
 SAND TWENTY-TWO THROUGH TWO THOUSAND TWENTY-FOUR AND SHALL BE PAID ON  A
 PRO-RATA BASIS BY ALL ENTITIES OCCUPYING THE STATE RIGHT OF WAY.
   5.  NOTWITHSTANDING  ANY  OTHER  LAW  OR PROVISION TO THE CONTRARY THE
 DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO CONTRACT WITH AN INDEPEND-
 ENT CONSULTANT TO DETERMINE AND ASSESS THE ANNUAL FEE FOR USE AND  OCCU-
 PANCY OF THE STATE RIGHT OF WAY.
   §  4.  This act shall take effect immediately; provided, however, that
 section 8 of the transportation corporations law  as  added  by  section
 three  of  this  act  shall be deemed repealed on the same date and same
 manner as part RRR of chapter 59  of  the  laws  of  2019,  as  amended;
 provided, further, that the amendments to subdivision 24-e of section 10
 of the highway law made by section one of this act and the amendments to
 section  7 of the transportation corporations law made by section two of
 this act shall not affect  the  repeal  of  such  subdivision  and  such
 section and shall be deemed repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8693A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S8693 - Details

2019-S8693 - Summary

2019-S8693 - Sponsor Memo

2019-S8693 - Bill Text download pdf

2019-S8693A (ACTIVE) - Details

2019-S8693A (ACTIVE) - Summary

2019-S8693A (ACTIVE) - Sponsor Memo

2019-S8693A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8693A

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S8693 - Details

2019-S8693 - Summary

2019-S8693 - Sponsor Memo

2019-S8693 - Bill Text download pdf

2019-S8693A (ACTIVE) - Details

2019-S8693A (ACTIVE) - Summary

2019-S8693A (ACTIVE) - Sponsor Memo

2019-S8693A (ACTIVE) - Bill Text download pdf

Comments