senate Bill S7494

2021-2022 Legislative Session

Prohibits fees for the use and occupancy of the state right of way in certain agreements

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to transportation
Oct 29, 2021 referred to rules


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S7494 (ACTIVE) - Details

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

S7494 (ACTIVE) - Summary

Prohibits fees for the use and occupancy of the state right of way in agreements for the installation, modification, relocation, repair, operation or maintenance of fiber optic facilities.

S7494 (ACTIVE) - Sponsor Memo

S7494 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                             October 29, 2021
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to prohibiting fees for the use and occupancy of the state
   right of way in certain agreements

   Section 1. Subdivision 24-e of section 10 of the highway law, as added
 by  section  1 of part RRR of section 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] ANY 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  estab-
 lished pursuant to section eighty-nine-b of the state finance law. Noth-
 ing herein shall impair, inhibit, or otherwise affect the ability of any
 municipality to regulate zoning, land use, or any other power or author-
 ity  granted  under the law.  For purposes of this subdivision, "munici-
 pality" 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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