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Senate Bill S1863

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2021-S1863 (ACTIVE) - Details

See Assembly Version of this Bill:
A4197
Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L; amd §7, Transp Corps L
Versions Introduced in 2019-2020 Legislative Session:
S8934, A10985

2021-S1863 (ACTIVE) - Summary

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

2021-S1863 (ACTIVE) - Sponsor Memo

2021-S1863 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1863
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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.

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