S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3133
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  MANNION, BORRELLO, HELMING, HINCHEY, STEC -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Transportation
 
 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 access
 
   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-e to read as follows:
   24-E. 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.
                                                            LBD05181-01-3
              

 S. 3133                             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]
 ACCESS. 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. 3133                             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.