S T A T E O F N E W Y O R K
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5000
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
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Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the New York state urban development corporation act, in
relation to the provision of grant funding for broadband services in
non-competitive locations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 16-gg of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
corporation act, as added by section 2 of part MMM of chapter 58 of the
laws of 2022, is amended by adding a new paragraph (i) to read as
follows:
(I) "NON-COMPETITIVE LOCATION" MEANS A BROADBAND-SERVICEABLE LOCATION,
AS DETERMINED BY THE DIVISION, THAT HAS ACCESS TO ONLY ONE WIRED OR
FIXED WIRELESS BROADBAND SERVICE PROVIDER THAT OFFERS HIGH-SPEED INTER-
NET SERVICE, AS SUCH TERM IS DEFINED IN SECTION 224-C OF THE PUBLIC
SERVICE LAW.
§ 2. Subdivision 7 of section 16-gg of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as added by section 2 of part MMM of chapter 58 of the laws
of 2022, is amended to read as follows:
7. ConnectAll deployment program. The ConnectAll deployment program is
hereby established to provide grant funding to construct infrastructure
necessary to provide broadband services to unserved and underserved
locations in the state, AND TO THE EXTENT THAT APPROPRIATIONS ARE AVAIL-
ABLE, TO NON-COMPETITIVE LOCATIONS IN THE STATE. Grants issued pursuant
to this program shall facilitate projects that, at a minimum, provide
reliable internet service with consistent speeds of at least 100 mega-
bits per second for download and at least 20 megabits per second for
upload, unless this requirement is waived for a specific project or
location and a different speed level is approved by the division, but
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09565-01-3
A. 5000 2
under no circumstances less than 25 megabits per second download and 3
megabits per second upload; provided further that applicants for grant
funding under this section may include incorporated organizations,
Native American tribes or tribal organizations, local units of govern-
ment, or a group of any of the above entities; provided further that an
applicant for grant funding under this section shall demonstrate suit-
able fiscal, technical, operational, and management capabilities as
determined by the division; provided further that an applicant for grant
funding under this section shall provide certifications as to compliance
with relevant safety standards as determined by the division, including
the National Electrical Safety Code; provided further that an applicant
for grant funding under this section shall provide certifications as to
compliance with relevant workplace protections as determined by the
division including the Occupational Safety and Health Act, the Fair
Labor Standards Act, Title VII of the Civil Rights Act of 1964, and New
York State labor and employment laws; provided further that an applicant
for grant funding under this section shall submit to the division a
workforce plan in a format determined by the division which, to the
extent practicable, shall include: (a) information relating to whether
the construction workforce will be directly employed or subcontracted;
(b) the anticipated size of the workforce required to carry out the
proposed work; (c) a description of plans to maximize use of local or
regional workforce; and (d) a description of the expected workforce
safety standards and training to ensure the project is completed at a
high standard. The division shall establish the procedures to solicit,
receive and evaluate applications for the program consistent with rules,
regulations, or guidelines established by the commissioner; provided
that preference shall be given to applications that: (a) are capable of
delivering speeds of 1 gigabit per second download and 1 gigabit per
second upload to the end user; (b) provide service to locations in
unserved areas as determined by the division; (c) commit not to impose
caps on data usage on the service provided to the end-user or to block,
throttle, or prioritize internet content in the general course of busi-
ness; and (d) have and commit to maintaining high standards of workplace
safety practices, training, certification or licensure for all relevant
workers, and compliance with state and federal workplace protections.
§ 3. This act shall take effect immediately.