S T A T E O F N E W Y O R K
________________________________________________________________________
7494
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
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 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.
LBD13118-01-1
S. 7494 2
§ 2. Section 7 of the transportation corporations law, as added by
section 2 of part RRR of section 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] 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 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 abil-
ity of any municipality to regulate zoning, land use, or any other power
or authority granted under the law. For purposes of this section, "muni-
cipality" shall include a county, city, village, or town.
§ 3. Notwithstanding any provision of law to the contrary, any
provision of an agreement made pursuant to subdivision 24-e of section
10 of the highway law or section 7 of the transportation corporations
law that provide for a fee for use and occupancy of a right of way shall
be deemed unenforceable, provided however, that the remaining provisions
of such agreement shall be enforceable. Any fees for use and occupancy
of a right of way collected prior to the effective date of this act
pursuant to such an agreement, may be retained by the state.
§ 4. 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 of this act and the amendments to section 7 of the trans-
portation corporations law made by section two of this act shall not
affect the expiration of such subdivision and such section and shall be
deemed to expire and repeal therewith.