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Senate Bill S6288B

2021-2022 Legislative Session

Relates to agreements for fiber optic utility use and occupancy of state right of way

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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Bill Amendments

2021-S6288 - Details

See Assembly Version of this Bill:
A6538
Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L; amd §7, Transp Corps L

2021-S6288 - Summary

Provides that any provider that is owned and operated by a municipality, or is owned and operated by a domestic corporation as such term is defined in subparagraph five of paragraph (a) of section 102 of the not-for-profit corporation law and possessing a federal tax exemption designated as 501(c)(3) under the federal internal revenue code shall not be subject to a fee for such use or occupancy, and the development authority of the north country, as defined by title twenty-nine of article eight of the public authorities law, shall not be subject to a fee for such use or occupancy.

2021-S6288 - Sponsor Memo

2021-S6288 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6288
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 agreements for fiber optic utility use and occupancy of
   state right of way

   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 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 PROVIDER THAT IS OWNED
 AND OPERATED BY A MUNICIPALITY, OR IS OWNED AND OPERATED BY  A  DOMESTIC
 CORPORATION  AS  SUCH  TERM IS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH
 (A) OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND
 POSSESSING  A  FEDERAL  TAX  EXEMPTION  PURSUANT  TO  PARAGRAPH  (3)  OF
 SUBSECTION  (C)  OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE CODE (26
 UNITED STATES CODE SECTION 501(C)(3)) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-S6288A - Details

See Assembly Version of this Bill:
A6538
Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L; amd §7, Transp Corps L

2021-S6288A - Summary

Provides that any provider that is owned and operated by a municipality, or is owned and operated by a domestic corporation as such term is defined in subparagraph five of paragraph (a) of section 102 of the not-for-profit corporation law and possessing a federal tax exemption designated as 501(c)(3) under the federal internal revenue code shall not be subject to a fee for such use or occupancy, and the development authority of the north country, as defined by title twenty-nine of article eight of the public authorities law, shall not be subject to a fee for such use or occupancy.

2021-S6288A - Sponsor Memo

2021-S6288A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6288--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to agreements for fiber optic utility use and occupancy of
   state right of way
 
   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 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 PROVIDER THAT IS OWNED
 AND OPERATED BY A MUNICIPALITY, OR IS OWNED AND OPERATED BY  A  DOMESTIC
 CORPORATION  AS  SUCH  TERM IS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH
 (A) OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND
 POSSESSING  A  FEDERAL  TAX  EXEMPTION  PURSUANT  TO  PARAGRAPH  (3)  OF
 SUBSECTION  (C)  OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE CODE (26
 UNITED STATES CODE SECTION 501(C)(3)) SHALL NOT BE SUBJECT TO A FEE  FOR
 SUCH  USE  OR  OCCUPANCY;  FURTHERMORE, THE DEVELOPMENT AUTHORITY OF THE
 NORTH COUNTY, AS DEFINED BY TITLE TWENTY-NINE OF ARTICLE  EIGHT  OF  THE
 PUBLIC  AUTHORITIES  LAW,  SHALL NOT BE SUBJECT TO A FEE FOR SUCH USE OR
 OCCUPANCY. Any fee for use or occupancy charged to a fiber optic utility
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-S6288B (ACTIVE) - Details

See Assembly Version of this Bill:
A6538
Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd §10, Hway L; amd §7, Transp Corps L

2021-S6288B (ACTIVE) - Summary

Provides that any provider that is owned and operated by a municipality, or is owned and operated by a domestic corporation as such term is defined in subparagraph five of paragraph (a) of section 102 of the not-for-profit corporation law and possessing a federal tax exemption designated as 501(c)(3) under the federal internal revenue code shall not be subject to a fee for such use or occupancy, and the development authority of the north country, as defined by title twenty-nine of article eight of the public authorities law, shall not be subject to a fee for such use or occupancy.

2021-S6288B (ACTIVE) - Sponsor Memo

2021-S6288B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6288--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee on  Transpor-
   tation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to agreements for fiber optic utility use and occupancy of
   state right of way
 
   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 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 PROVIDER THAT IS OWNED
 AND OPERATED BY A MUNICIPALITY, OR IS OWNED AND OPERATED BY  A  DOMESTIC
 CORPORATION  AS  SUCH  TERM IS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH
 (A) OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND
 POSSESSING  A  FEDERAL  TAX  EXEMPTION  PURSUANT  TO  PARAGRAPH  (3)  OF
 SUBSECTION  (C)  OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE CODE (26
 UNITED STATES CODE SECTION 501(C)(3)) SHALL NOT BE SUBJECT TO A FEE  FOR
 SUCH  USE  OR  OCCUPANCY;  FURTHERMORE, THE DEVELOPMENT AUTHORITY OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09869-07-1

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