S T A T E O F N E W Y O R K
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5523
2019-2020 Regular Sessions
I N S E N A T E
May 6, 2019
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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.