NY State Senate Bill 2019-S5523

Senate Bill S5523

2019-2020 Legislative Session

Establishes the "municipal broadband fund" to provide grants to municipal corporations for broadband projects and services

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
May 06, 2019	referred to finance

co-Sponsors

2019-S5523 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §99-hh, St Fin L

2019-S5523 (ACTIVE) - Summary

Establishes the "municipal broadband fund" to provide grants to municipal corporations for broadband projects and services.

2019-S5523 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5523

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the state finance law, in relation to
establishing the municipal broadband fund

 
PURPOSE OR GENERAL IDEA OF BILL:

The Municipal Broadband Fund will be used to assist municipalities in
developing and sustaining broadband programs that emphasize equitable
access. Municipal broadband will be a critical element in addressing the
digital divide in rural areas that are allegedly too expensive for for-
profit corporations to serve and low-income communities that are unable
to afford basic access to highspeed internet.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The state finance law shall be amended by adding section
99-hh, which creates a "municipal broadband fund" under control of the
state comptroller and the chair of the public service commission.

Section 2. This fund shall only contain monies intended for the Munici-
pal Broadband Fund.

Section 3. To qualify for grants, municipalities must incorporate the
best practicable technology for the region to be served, must demon-
strate how such program will ensure equitable internet access to all
areas served, and demonstrate long-term viability and sustainability of
broadband services to be offered.

Section 4. Funding shall only be available for eligible projects under
the municipal broadband fund.

Section 5. The chair of the public service commission may promulgate
rules and regulations to effect the purposes of this section.

Section 6. Effective Date

 
JUSTIFICATION:

Equitable access to reliable high-speed internet is a basic need of
modern life. New Yorkers rely on high-speed internet to work, to learn,
and to play. Many areas of our state do not enjoy access to high-speed
internet and are thus at a disadvantage compared to the rest of the
state - and sometimes even their own neighbors just a few minutes away.
In order to ensure equitable access to business, education, enter-
tainment, and our democracy, the state must continue to invest in inter-
net access in ways that address the digital divide. The Municipal Broad-
band Fund will help support projects that fill in the gaps left by other
services by supporting municipalities in developing programs that serve
all residents in a service area 'equitably. The Fund will especially be
directed to those projects that expand access in rural areas and among
low-income communities across New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
To be determined subject to appropriation.

 
EFFECTIVE DATE:
90 days after becoming law.

2019-S5523 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5523
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2019
                                ___________
 
 Introduced  by Sens. MAY, METZGER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to  establishing  the
   municipal broadband fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The state finance law is amended by adding  a  new  section
 99-hh to read as follows:
   §  99-HH.  MUNICIPAL BROADBAND FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE CHAIR OF  THE  PUBLIC
 SERVICE COMMISSION A FUND TO BE KNOWN AS THE "MUNICIPAL BROADBAND FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL  OTHER  MONIES CREDITED OR TRANSFERRED TO SUCH FUND PURSUANT TO LAW,
 AND ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO
 BE PAID INTO OR CREDITED TO SUCH FUND.
   3. MONEYS OF SUCH FUND SHALL BE MADE AVAILABLE TO  THE  CHAIR  OF  THE
 PUBLIC  SERVICE  COMMISSION  AND  SHALL  BE USED FOR GRANTS TO MUNICIPAL
 CORPORATIONS, AS THAT TERM IS DEFINED IN  SECTION  TWO  OF  THE  GENERAL
 MUNICIPAL LAW, FOR BROADBAND PROJECTS AND SERVICES THAT ARE FUNDED WHOL-
 LY  OR  PARTIALLY  BY  SUCH  MUNICIPAL CORPORATIONS. TO QUALIFY FOR SUCH
 GRANTS, A MUNICIPAL CORPORATION SHALL: (A) INCORPORATE THE BEST  PRACTI-
 CABLE  TECHNOLOGY  FOR  THE  REGION  TO BE SERVED BY SUCH BROADBAND; (B)
 DEMONSTRATE HOW SUCH MUNICIPAL CORPORATION WILL ENSURE EQUITABLE  INTER-
 NET  ACCESS  TO  ALL  AREAS  WITHIN  THE SERVICE REGION, WITH A FOCUS ON
 PROVIDING SERVICE TO UNDERSERVICED AREAS; AND (C) DEMONSTRATE THE  LONG-
 TERM  VIABILITY AND SUSTAINABILITY OF BROADBAND SERVICES TO RESIDENTS OF
 THE MUNICIPAL CORPORATION.
   4. FOLLOWING APPROPRIATION BY THE  LEGISLATURE,  MONIES  OF  THE  FUND
 SHALL  BE  AVAILABLE ONLY FOR DISTRIBUTION TO MUNICIPAL CORPORATIONS FOR
 ELIGIBLE BROADBAND PROJECTS AND SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11452-01-9

 S. 5523                             2
 
   5. THE CHAIR OF THE PUBLIC SERVICE COMMISSION SHALL  PROMULGATE  RULES
 AND  REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ACT, INCLUDING
 THE APPLICATION AND DISTRIBUTION OF  FUNDS  PURSUANT  TO  THIS  SECTION,
 PROVIDED  THAT  SUCH  RULES  AND REGULATIONS SHALL SET FORTH A PLAN THAT
 WILL  ENSURE  EQUITABLE  INTERNET  ACCESS  TO ALL AREAS WITHIN A SERVICE
 REGION AS REQUIRED  BY  PARAGRAPH  (B)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth 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 date.

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Senate Bill S5523

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Sponsored By

Rachel May