Provides that the department of transportation shall not require a survey as part of an agreement with any fiber optic utility for use and occupancy of a state right of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber optic facilities as part of the department's consolidated application, when such use and occupancy of the state right of way is utilizing existing infrastructure, including but not limited to aerial pole attachments and underground conduits.
S T A T E O F N E W Y O R K
________________________________________________________________________
9894
I N A S S E M B L Y
April 19, 2022
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Transportation
AN ACT to amend the highway law and the transportation corporations law,
in relation to the department of transportation not requiring survey-
ing in certain situations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10 of the highway law is amended by adding a new
subdivision 24-f to read as follows:
24-F. THE COMMISSIONER SHALL NOT REQUIRE A SURVEY AS PART OF AN AGREE-
MENT WITH ANY FIBER OPTIC UTILITY FOR USE AND OCCUPANCY OF A STATE RIGHT
OF WAY FOR THE PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING,
OPERATING, OR MAINTAINING FIBER OPTIC FACILITIES AS PART OF THE DEPART-
MENT'S CONSOLIDATED APPLICATION, WHEN SUCH USE AND OCCUPANCY OF THE
STATE RIGHT OF WAY IS UTILIZING EXISTING INFRASTRUCTURE, INCLUDING BUT
NOT LIMITED TO AERIAL POLE ATTACHMENTS AND UNDERGROUND CONDUITS.
§ 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. (A) The commissioner of transportation is hereby author-
ized 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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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.