senate Bill S8934

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2020 referred to rules


S8934 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Rules
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L; amd §7, Transp Corps L

S8934 (ACTIVE) - Summary

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

S8934 (ACTIVE) - Sponsor Memo

S8934 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                             I N  S E N A T E
                              August 21, 2020
 Introduced  by  Sen. RITCHIE -- 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 fees associated with agreements between  municipalities
   and fiber optic utility companies
   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.
   § 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:
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets


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