NY State Senate Bill 2023-S8978

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2024	referred to local government

2023-S8978 (ACTIVE) - Details

See Assembly Version of this Bill:: A9964
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §431, RPT L

2023-S8978 (ACTIVE) - Summary

Provides an exemption for certain fiber optic cable assessments, not including cities with a population of one million or more.

2023-S8978 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8978

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to providing an
exemption against certain fiber optic cable assessments for open access
fiber optic broadband companies

 
PURPOSE:

To incentivize the development and deployment of open-access broadband
across New York State.

 
SUMMARY OF PROVISIONS:

Section 1: creates a new section (§ 431) of the real property tax law,
which specifies that all open access fiber optic networks, open access
fiber optic cable, and all infrastructure owned by an open access fiber
optic broadband company outside of New York City is exempt from real
property taxes. Specifies that open access fiber optic broadband compa-
nies are owned by municipalities or a non-profit local authority.

Section 2: effective date.

 
JUSTIFICATION:

Reliable, affordable broadband access is essential for New Yorkers to be
able to participate in, contribute to, and succeed in modern society.
Studies show that broadband access has a positive impact on individuals
and communities. However, reliable, affordable broadband is not avail-
able to every New Yorker. According to the NYS Comptroller, as of 2021,
more than one million (or 13.8% of the state) of households do not have
access to broadband. One in three low-income households do not have
access. Some such households are in communities without broadband
infrastructure. Others are unable to fit the cost of a broadband
subscription into their budget without foregoing other essentials.
These disparities in access create a "digital divide."

One potential means of closing the digital divide is increasing the
number of publicly owned or "open access" fiber optic broadband compa-
nies across the state. This is the primary goal of the ConnectALL Munic-
ipal Infrastructure Program, which provides state grants to construct
last mile, open access broadband infrastructure.  This open access
broadband can then be provided directly to consumers via a municipal
entity or affiliated non-profit, or internet service providers may
contract to use the infrastructure to provide broadband access to
consumers. These buildouts are meant to complement existing carrier
infrastructure, and direct resources to unserved and underserved commu-
nities.

This legislation endeavors to incentivize the development and deployment
of open access broadband by ensuring that municipal entities and non-
profits will not have to pay property taxes on the infrastructure. This
is similar to the exemptions provided for utilities and broadcasting,
and would demonstrate that the state recognizes the essential nature of
broadband access.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to assessment
rolls prepared on the basis of taxable status dates occurring on or
after such date.

2023-S8978 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8978
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation to  providing  an
   exemption  against  certain  fiber  optic  cable  assessments for open
   access fiber optic broadband companies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 431 to read as follows:
   § 431. FIBER OPTIC CABLE. 1. FOR THE  PURPOSES  OF  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "OPEN  ACCESS  FIBER  OPTIC BROADBAND COMPANY" SHALL MEAN A LOCAL
 AUTHORITY AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW  OR  A
 MUNICIPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL
 LAW  ENGAGED IN THE CONSTRUCTION, OPERATION, MARKETING AND SALE OF FIBER
 OPTIC BROADBAND INFRASTRUCTURE AND SERVICES.
   (B) "OPEN ACCESS FIBER OPTIC NETWORK" SHALL  MEAN  OPEN  ACCESS  FIBER
 OPTIC  CABLE  AND  INFRASTRUCTURE  OWNED  BY  AN OPEN ACCESS FIBER OPTIC
 BROADBAND COMPANY.
   (C) "OPEN ACCESS FIBER OPTIC  CABLE  AND  INFRASTRUCTURE"  SHALL  MEAN
 FIBER  OPTIC CABLE AND RELATED EQUIPMENT WHICH IS OWNED AND INSTALLED BY
 OR CAUSED TO BE INSTALLED BY AN OPEN ACCESS FIBER OPTIC BROADBAND COMPA-
 NY TO TRANSMIT, OR  FACILITATE  THE  TRANSMISSION,  OF  BROADBAND  DATA,
 APPLICATIONS, AND SERVICES TO END USERS.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ALL
 OPEN ACCESS FIBER OPTIC NETWORKS AND OPEN ACCESS FIBER OPTIC  CABLE  AND
 INFRASTRUCTURE  OWNED  BY  AN OPEN ACCESS FIBER OPTIC BROADBAND COMPANY,
 WHETHER LOCATED ON PUBLIC OR PRIVATE PROPERTY,  AND  INSTALLED  FOR  THE
 PURPOSE  OF  DISTRIBUTING  BROADBAND  TECHNOLOGY AND SERVICES, EXCEPT AS
 PROVIDED IN SUBDIVISION THREE OF THIS SECTION, SHALL BE EXEMPT FROM REAL
 PROPERTY TAXES, LEVIES AND ASSESSMENTS.
    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ALL
 OPEN  ACCESS  FIBER OPTIC NETWORKS AND OPEN ACCESS FIBER OPTIC CABLE AND
 INFRASTRUCTURE LOCATED IN A CITY WITH A POPULATION  OF  ONE  MILLION  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15076-01-4
 S. 8978                             2
 
 MORE  SHALL  NOT  BE EXEMPT FROM REAL PROPERTY TAXES, LEVIES AND ASSESS-
 MENTS.
   4.  THE  COMMISSIONER  IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
 RULES AND REGULATIONS NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately and shall apply to assess-
 ment rolls prepared on the basis of taxable status dates occurring on or
 after such date.

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Senate Bill S8978

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

2023-S8978 (ACTIVE) - Details

2023-S8978 (ACTIVE) - Summary

2023-S8978 (ACTIVE) - Sponsor Memo

2023-S8978 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8978

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Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Local Government Committee

2023-S8978 (ACTIVE) - Details

2023-S8978 (ACTIVE) - Summary

2023-S8978 (ACTIVE) - Sponsor Memo

2023-S8978 (ACTIVE) - Bill Text download pdf

Comments