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.
LBD05035-01-1
S. 1863 2
§ 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. The commissioner of transportation is hereby authorized to
enter into an agreement with any fiber optic utility for use and occu-
pancy of the state right of way for the purposes of installing, modify-
ing, relocating, repairing, operating, or maintaining fiber optic facil-
ities. 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 Broad-
band 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 agree-
ment 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 section,
"municipality" shall include a county, city, village, or town.
§ 3. This act shall take effect immediately, provided, however, that
the amendments to subdivision 24-e of section 10 of the highway law made
by section one and the amendments to section 7 of the transportation
corporations law made by section two of this act shall not affect the
repeal of such provisions and shall be deemed repealed therewith.