Assembly Bill A10985

2019-2020 Legislative Session

Relates to fees associated with agreements between municipalities and fiber optic utility companies

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A10985 (ACTIVE) - Details

See Senate Version of this Bill:
S8934
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L; amd §7, Transp Corps L
Versions Introduced in 2021-2022 Legislative Session:
A4197, S1863

2019-A10985 (ACTIVE) - Summary

Relates to fees associated with agreements between municipalities and fiber optic utility companies; no fees shall be assessed for such agreements.

2019-A10985 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10985
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Blankenbush)
   --  read  once and referred to the Committee on Corporations, Authori-
   ties and Commissions
 
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to fees associated with agreements between  municipalities
   and fiber optic utility companies

   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 for use and occupancy of
 the state right of way for the purposes of installing, modifying,  relo-
 cating,  repairing,  operating,  or  maintaining fiber optic facilities.
 Such agreement [may] SHALL NOT 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.
                                                            LBD17127-01-0
              

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