S T A T E O F N E W Y O R K
________________________________________________________________________
650
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law and the public service law, in
relation to requiring highway projects that receive state funding to
include the installation of broadband conduits and providing for
access to such conduits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The transportation law is amended by adding a new section
23 to read as follows:
§ 23. BROADBAND CONDUIT REQUIREMENT FOR CERTAIN HIGHWAY PROJECTS.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY HIGHWAY
PROJECT WHICH RECEIVES STATE FUNDING SHALL INCLUDE THE INSTALLATION OF
CONDUITS SUITABLE FOR FIBER OPTIC CABLES OR WIRELESS FACILITIES THAT
SUPPORT BROADBAND SERVICES.
§ 2. The public service law is amended by adding a new section 119-d
to read as follows:
§ 119-D. BROADBAND CONDUIT ACCESS. THE COMMISSION, IN CONSULTATION
WITH THE DEPARTMENT OF TRANSPORTATION, SHALL ENSURE THAT ANY REQUESTING
PROVIDER OF BROADBAND SERVICES HAS ACCESS TO ANY BROADBAND CONDUIT
INSTALLED PURSUANT TO THE PROVISIONS OF SECTION TWENTY-THREE OF THE
TRANSPORTATION LAW. SUCH ACCESS SHALL BE ON A COMPETITIVELY NEUTRAL AND
NONDISCRIMINATORY BASIS, FOR A CHARGE NOT TO EXCEED A COST-BASED RATE.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03105-01-3