S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8472
 
                             I N  S E N A T E
 
                               March 4, 2022
                                ___________
 
 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 the department of transportation not requiring  survey-
   ing in certain situations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10 of the highway law is amended by  adding  a  new
 subdivision 24-f to read as follows:
   24-F. THE COMMISSIONER SHALL NOT REQUIRE A SURVEY AS PART OF AN AGREE-
 MENT WITH ANY FIBER OPTIC UTILITY FOR USE AND OCCUPANCY OF A STATE RIGHT
 OF WAY FOR THE PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING,
 OPERATING,  OR MAINTAINING FIBER OPTIC FACILITIES AS PART OF THE DEPART-
 MENT'S CONSOLIDATED APPLICATION, WHEN SUCH  USE  AND  OCCUPANCY  OF  THE
 STATE  RIGHT  OF WAY IS UTILIZING EXISTING INFRASTRUCTURE, INCLUDING BUT
 NOT LIMITED TO AERIAL POLE ATTACHMENTS AND UNDERGROUND CONDUITS.
   § 2. Section 7 of the transportation corporations  law,  as  added  by
 section  2  of part RRR of chapter 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. (A) The commissioner of transportation is hereby author-
 ized 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,  relocating, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14856-02-2
 S. 8472                             2
 
 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 ability of any municipality to
 regulate zoning, land use, or any other power or authority granted under
 the law. For purposes of this section, "municipality"  shall  include  a
 county, city, village, or town.
   (B)  AN  AGREEMENT  GRANTED UNDER THIS SECTION FOR FIBER OPTIC UTILITY
 USE AND OCCUPANCY OF A STATE RIGHT OF WAY SHALL NOT REQUIRE A SURVEY FOR
 THE PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING, OPERATING,
 OR MAINTAINING FIBER OPTIC FACILITIES  AS  PART  OF  THE  DEPARTMENT  OF
 TRANSPORTATION'S  CONSOLIDATED  APPLICATION, WHEN SUCH USE AND OCCUPANCY
 OF THE STATE RIGHT OF WAY IS UTILIZING EXISTING INFRASTRUCTURE,  INCLUD-
 ING BUT NOT LIMITED TO AERIAL POLE ATTACHMENTS AND UNDERGROUND CONDUITS.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 7 of the transportation corporations law  made
 by  section  two of this act shall not affect the repeal of such section
 and shall be deemed to repeal therewith.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8472--A
 
                             I N  S E N A T E
 
                               March 4, 2022
                                ___________
 
 Introduced  by Sens. MANNION, HINCHEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  highway law, in relation to when surveys may be
   required for fiber optics by the department of transportation; and  to
   amend  the  New  York  state  urban  development  corporation  act, in
   relation to the powers and duties of the division of broadband  devel-
   opment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10 of the highway law is amended by  adding  a  new
 subdivision 24-f to read as follows:
   24-F. THE COMMISSIONER SHALL NOT REQUIRE A SURVEY FROM ANY FIBER OPTIC
 UTILITY  FOR  PERMITTING  OR  CONTINUANCE  OF THE USE AND OCCUPANCY OF A
 STATE RIGHT OF WAY FOR THE PURPOSES OF INSTALLING,  MODIFYING,  RELOCAT-
 ING, REPAIRING, OPERATING, OR MAINTAINING FIBER OPTIC FACILITIES WHERE A
 SURVEY  OF  THE  STATE  RIGHT  OF  WAY  HAS  ALREADY BEEN CONDUCTED FOR,
 RECEIVED BY, OR IS OTHERWISE ACCESSIBLE  TO,  THE  STATE  DEPARTMENT  OF
 TRANSPORTATION PROVIDED THERE HAVE BEEN NO MATERIAL CHANGES TO THE RIGHT
 OF  WAY  SINCE  SUCH SURVEY, OR WHEN SUCH USE AND OCCUPANCY OF THE STATE
 RIGHT OF WAY IS UTILIZING EXISTING  INFRASTRUCTURE  SITED  IN  THE  SAME
 LOCATION AS THE EXISTING FACILITIES, INCLUDING BUT NOT LIMITED TO AERIAL
 POLE ATTACHMENTS AND UNDERGROUND CONDUITS.  NOTWITHSTANDING THE REQUIRE-
 MENTS OF THIS SECTION OR ANY OTHER LAW, THE COMMISSIONER MAY NOT REQUIRE
 ANY SUCH SURVEY OF THE STATE RIGHT OF WAY FOR ANY FIBER OPTIC DEPLOYMENT
 PROJECT  RECEIVING  FUNDING FROM THE DIVISION OF BROADBAND ACCESS ESTAB-
 LISHED PURSUANT TO SECTION 16-GG OF SECTION 1 OF CHAPTER 174 OF THE LAWS
 OF 1968, AS ADDED BY SECTION 2 OF PART MMM OF CHAPTER 58 OF THE LAWS  OF
 2022.
   §  2. Subdivision 4, paragraph (f) of subdivision 6, and paragraph (b)
 of subdivision 13 of section 16-gg of section 1 of chapter  174  of  the
 laws  of  1968, constituting the New York state urban development corpo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14856-03-2
              

 S. 8472--A                          2
 
 ration act, as added by section 2 of part MMM of chapter 58 of the  laws
 of 2022, are amended to read as follows:
   4.  Powers  and  duties  of the division of broadband development. The
 division shall have the power AND DUTY to:
   (a) Coordinate the activities of all state agencies  performing  func-
 tions  affecting  access  to high-speed, reliable, and affordable broad-
 band.
   (b) Conduct research and analyses of matters affecting access to high-
 speed, reliable, and affordable broadband.
   (c) Advise and make recommendations to  the  commissioner  on  matters
 affecting access to high-speed, reliable, and affordable broadband.
   (d)  Provide  advisory  assistance  to municipalities, state and local
 authorities, and other entities to expand access  to  high-speed,  reli-
 able, and affordable broadband.
   (e)  Establish  and  implement  programs, including grant programs, to
 expand access to high-speed, reliable, and affordable broadband, includ-
 ing but not limited to: programs to improve broadband access at unserved
 and underserved locations; programs to deploy  broadband  infrastructure
 owned  or  managed by municipalities, state and local authorities, enti-
 ties established pursuant to section 99-y of the general municipal  law,
 or  not-for-profit  entities;  programs  to  deploy innovative broadband
 technologies and means to improve broadband access; including in low-in-
 come areas; programs to improve digital equity, digital  inclusion,  and
 digital literacy.
   (f)  Take  additional  actions  the division deems necessary to expand
 access to high-speed, reliable, and affordable broadband.
   (G) CAMPAIGN TO INCREASE AWARENESS  OF  AND  ENROLLMENT  IN  STATE  OR
 FEDERAL INTERNET SUBSIDY PROGRAMS.
   (H)  WORK  WITH  THE  STATE  EDUCATION DEPARTMENT AND INTERNET SERVICE
 PROVIDERS TO ENSURE SCHOOLS, LIBRARIES AND OTHER LOCATIONS  WITH  PUBLIC
 AND  COMMUNAL INTERNET HAVE ACCESS TO RELIABLE HIGH-SPEED BROADBAND, AND
 TO ASSIST SCHOOL DISTRICTS IN ENSURING AVAILABILITY OF AFFORDABLE BROAD-
 BAND SERVICES TO STUDENTS FOR REMOTE LEARNING.
   (f) The committee shall:
   (i) advise the director in carrying  out  the  functions,  powers  and
 duties of the division, as set forth in this article.
   (ii) advise the director, the governor, and the legislature concerning
 policy  changes necessary to promote expansion and development of access
 to high-speed, reliable, and affordable broadband.
   (iii) advise the director, the governor, and the legislature  concern-
 ing  existing policies of state agencies which may be counter-productive
 or inimical to promote expansion and deployment of high-speed, reliable,
 and affordable broadband.
   (iv) advise the director, the governor, and the legislature concerning
 the development of inter-governmental cooperation among agencies of  the
 federal,  state,  and  local governments and cooperation between private
 industry and government so  as  to  promote  expansion,  deployment  and
 continued provision of high-speed, reliable, and affordable broadband.
   (v)  advise  the director, the governor, and the legislature on issues
 related to fostering consumer  choice,  increasing  competition  in  the
 broadband industry, and promoting open-access infrastructure.
   (vi)  advise the director, in consultation with the division of broad-
 band access, on potential guidelines or regulations  for  implementation
 of broadband-related programs.
 S. 8472--A                          3

   (vii)  advise the director, the governor, and the legislature on poli-
 cies related to  the  deployment  of  wireless  and  cellular  services,
 including deployment of small cell networks for access to 5G services.
   (viii)  advise the director on policies to reduce regulatory obstacles
 and streamline regulations to promote access  to  high-speed,  reliable,
 and affordable broadband.
   (ix) advise the director on policies to maximize access to high-speed,
 reliable, and affordable broadband in affordable housing projects.
   (x)  advise  the director on policies relevant to ensuring that senior
 citizens have access to high-speed, reliable, and affordable broadband.
   (xi) make periodic  recommendations  [as  to  updates  to]  USING  the
 [broadband report] FINDINGS OF THE REPORTS required by the Comprehensive
 Broadband Connectivity Act.
   (b)  every  six  months,  beginning  twelve  months  after  the  first
 disbursement to a grant awardee under any program established under this
 section, until such a time that all funds associated with  all  programs
 established under this section have been fully expended, submit a report
 to  the governor, the temporary president of the senate, and the speaker
 of the assembly setting forth the activities undertaken by the  program.
 Such  reports  shall include, but need not be limited to, the details of
 the grants and recipients, locations of the  projects,  and  such  other
 information  as  the  division  deems necessary and appropriate[, to the
 extent that the production such reporting is not duplicative of  federal
 reporting  requirements  associated with broadband expansion in New York
 state under the Infrastructure  Investment  and  Jobs  Act  or  American
 Rescue  Plan  Act]. THE DIVISION SHALL MAINTAIN, AND REGULARLY UPDATE, A
 DATABASE OF ALL GRANTS AWARDED BY THE DIVISION ALONG WITH INFORMATION ON
 THE AWARDEES, AMOUNT OF THE AWARD, PROJECT FOR WHICH AN AWARD WAS  MADE,
 AND  PROGRESS  ON  COMPLETION  OF  A  PROJECT.  SUCH  DATABASE  SHALL BE
 PUBLISHED AND MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE IN A DOWNLOADA-
 BLE AND SEARCHABLE FORMAT. Such reports shall be included on the depart-
 ment's website and any other publicly  accessible  state  database  that
 list economic development programs as determined by the director.
   § 3. This act shall take effect immediately.