Senate Bill S3450

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3450
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law,  in  relation  to  establishing  community
   broadband districts for the purpose of expanding broadband services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 190 of the town law, as amended by chapter  378  of
 the laws of 2012, is amended to read as follows:
   §  190.  Establishment  or  extension of improvement districts. Upon a
 petition as hereinafter provided, the town board of any town may  estab-
 lish  or  extend  in  said  town a sewer, drainage, water, water quality
 treatment, park, public parking, lighting, snow removal,  water  supply,
 sidewalk,  a  fallout  shelter  district or refuse and garbage district,
 aquatic plant growth control  district,  ambulance  district,  watershed
 protection  improvement  district,  COMMUNITY BROADBAND DISTRICT, and in
 any town bordering upon or containing within its boundaries any  naviga-
 ble  waters  of this state, a harbor improvement district, a public dock
 district, or beach erosion control district, and provide improvements or
 services, or both, in any such district, wholly at the  expense  of  the
 district;  but no water supply district shall be established or extended
 to include lands situate within the boundaries of a water  district.  No
 such district shall be established or extended in a city or in an incor-
 porated  village  provided,  however, that such a district may be estab-
 lished or extended wholly or partly within an  incorporated  village  on
 consent  of  the  village  expressed in a local law, ordinance or resol-
 ution, subject to a referendum on petition under section twenty-four  of
 the  municipal  home  rule  law or a permissive referendum under article
 nine of the village law, as the case may be, and except, in the case  of
 a water quality treatment district, on consent of a village expressed in
 a local law or by resolution of the board of trustees and not subject to
 any referendum.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02944-01-1

 S. 3450                             2
 
   §  2.  Paragraph a of subdivision 1 of section 193 of the town law, as
 amended chapter 378 of the laws of 2012, is amended to read as follows:
   a.  Whenever  a petition shall be presented to the town board pursuant
 to this article, for the establishment or extension of a sewer, wastewa-
 ter disposal, drainage, water, water  quality  treatment,  park,  public
 parking,  lighting,  snow  removal,  water  supply, sidewalk, refuse and
 garbage, aquatic plant  growth  control  district,  ambulance  district,
 harbor improvement district, public dock district, beach erosion control
 district, watershed protection improvement district, COMMUNITY BROADBAND
 DISTRICT,  or a fallout shelter district, the board shall adopt an order
 and enter the same in the minutes of its proceedings, reciting in gener-
 al terms the filing of such petition, the  boundaries  of  the  proposed
 district,  the  improvements proposed, the maximum amount proposed to be
 expended for the improvement as stated in the petition  or  the  maximum
 amount  to be expended for the performance or supplying of services if a
 maximum amount is stated in the petition, the estimated cost of  hook-up
 fees,  if  any,  to,  and  the cost of the district or extension to, the
 typical property and, if different, the typical one or two family  home,
 and  specifying  the  time  when and place where said board will meet to
 consider the petition and to hear all persons interested in the  subject
 thereof,  concerning  the  same.  The  board  shall cause a copy of such
 order, certified by the town clerk, to be published at least once in the
 official paper, the first publication thereof to be not  less  than  ten
 nor  more than twenty days before the day set therein for the hearing as
 aforesaid, and shall also cause a copy thereof to be posted on the sign-
 board of the town maintained pursuant  to  subdivision  six  of  section
 thirty  of  this  chapter,  not  less than ten nor more than twenty days
 before the day designated for the hearing as  aforesaid.  In  the  event
 that the town maintains a website, such information may also be provided
 on  the  website.  Prior  to the publication of a copy of the order, the
 board shall cause to be prepared, and file for  public  inspection  with
 the  town  clerk,  a  detailed  explanation of how the estimated cost of
 hook-up fees, if any, to, and the cost of the district or extension  to,
 the  typical  property  and, if different, the typical one or two family
 home was computed.
   § 3. Section 198 of the town law is amended by adding a  new  subdivi-
 sion 10-h to read as follows:
   10-H.  COMMUNITY  BROADBAND  DISTRICTS.  AFTER  A  COMMUNITY BROADBAND
 DISTRICT HAS BEEN ESTABLISHED, THE TOWN BOARD MAY TAKE  SUCH  ACTION  AS
 MAY  BE  REQUIRED  TO  ADOPT  PLANS  AND SPECIFICATIONS AND ENTER INTO A
 CONTRACT OR CONTRACTS, OR TAKE OTHER SUCH ACTION, FOR THE EXPANSION  AND
 DELIVERY OF BROADBAND SERVICES WITHIN THE COMMUNITY BROADBAND DISTRICT.
   § 4. This act shall take effect immediately.