| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 10, 2022 |
referred to transportation |
Senate Bill S8544
2021-2022 Legislative Session
Sponsored By
(D, WF) 56th Senate District
Archive: Last Bill Status - In Senate Committee Transportation Committee
Actions
2021-S8544 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8877
- Current Committee:
- Senate Transportation
- Law Section:
- Highway Law
- Laws Affected:
- Amd §10, Hway L; amd §7, Transp Corps L
2021-S8544 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8544
SPONSOR: COONEY
TITLE OF BILL:
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
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends 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 to
add providers who are using or occupying a right of-way in fulfillment
of funding from the federal government to the list of providers who will
not be subject to a right-of-way or occupancy fee while installing and
operating fiber optic facilities.
Section two amends Section 7 of the transportation corporations law, as
added by section 2 of part RRR of section 59 of the laws of 2019 to add
providers who are using or occupying a right-of-way in fulfillment of
funding from the federal government to the list of providers who will
not be subject to a right-of-way or occupancy fee while installing and
2021-S8544 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8544
I N S E N A T E
March 10, 2022
___________
Introduced by Sen. COONEY -- 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 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 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 OR FUNDING FROM
THE FEDERAL GOVERNMENT 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 subdivision,
"municipality" shall include a county, city, village, or town.
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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