Senate Bill S9134

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9134
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  general municipal law, in relation to requiring
   substantially similar permits for broadband deployment to be processed
   together at the same time and on an expedited basis

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "broadband
 deployment assistance act of 2024".
   § 2. Legislative intent. The legislature finds and declares  that  the
 public's  increased  reliance  on  high-speed  internet access for work,
 telehealth, emergency response, education and commerce demonstrates  the
 need  for  legislation to accelerate the deployment of broadband infras-
 tructure. The length of time it takes for a local jurisdiction to  proc-
 ess  permits  for broadband projects directly impacts the length of time
 it takes before a project can provide high-speed internet service  to  a
 local  community and get people connected. The State's Broadband Equity,
 Access, and Deployment  Program  proposal  identified  streamlining  the
 permitting  process  as  a  critical component in the program's success.
 Consistent with these findings, the measures set forth  in  this  legis-
 lation  will  accelerate  broadband  deployment,  to  the benefit of the
 people of the state.
   The legislature further finds and  declares  that  processing  several
 substantially  similar  broadband  permit  applications at the same time
 will not only allow local governments  to  continue  to  receive  permit
 fees,  but  will  also  enable their staffs to process broadband permits
 more efficiently, as a group, and thus to help bridge the digital divide
 and more quickly connect communities to high-speed internet.  This  will
 allow  the  state  to  make  efficient use of incoming broadband funding
 while creating greater broadband equity among communities so more  indi-
 viduals  can  have  access  to  high-speed internet access for emergency
 response, remote work, telehealth, education and commerce.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14408-02-4
              

 S. 9134                             2
 
   § 3. The general municipal law is amended by adding a new article 13-E
 to read as follows:
                               ARTICLE 13-E
                                 BROADBAND
 SECTION 300. DEFINITIONS.
         301. PERMITS FOR BROADBAND PROJECTS.
   § 300. DEFINITIONS.  FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS  UNLESS  THE  CONTEXT  INDICATES
 OTHERWISE:
   1. "BATCH BROADBAND PERMIT PROCESSING" MEANS THE SIMULTANEOUS PROCESS-
 ING OF MORE THAN ONE SUBSTANTIALLY SIMILAR BROADBAND PERMIT APPLICATION.
   2.  "BROADBAND  PERMIT  APPLICATION"  MEANS  AN  APPLICATION  OR OTHER
 REQUEST FOR APPROVAL SUBMITTED FOR REVIEW TO A MUNICIPALITY IN ORDER  TO
 AUTHORIZE  THE  CONSTRUCTION OR ANY PORTION OR STAGE OF THE CONSTRUCTION
 OF A FACILITY, INCLUDING MULTIPLE APPLICATIONS OR PERMITS  REQUIRED  AND
 ASSOCIATED WITH THE SAME FACILITY.
   3.  "FACILITY"  MEANS, BUT SHALL NOT BE LIMITED TO, CABLE OF ANY TYPE,
 INCLUDING ASSOCIATED ELECTRONICS,  WIRELESS  TRANSMISSION  OR  RECEPTION
 EQUIPMENT,  OR  ANY OTHER TYPE OF EQUIPMENT USED IN WHOLE OR IN PART FOR
 THE TRANSPORT OF DATA, VIDEO OR VOICE COMMUNICATIONS OR SERVICES BY WIRE
 OR RADIO.
   4. "INITIAL APPLICATION REQUIREMENT" MEANS THE FIRST STEP REQUIRED  BY
 A  MUNICIPALITY FOR AN APPLICANT TO INITIATE A BROADBAND PERMIT APPLICA-
 TION, WHICH MAY BE, BUT SHALL NOT BE LIMITED TO, THE FILING OF A  PERMIT
 APPLICATION  OR  THE  SCHEDULING OF A PRE-APPLICATION MEETING, WHICHEVER
 OCCURS EARLIER.
   5. "PRESUMPTIVELY REASONABLE TIME"  MEANS  SIXTY  DAYS  FOR  ATTACHING
 FACILITIES  TO  EXISTING STRUCTURES OR NINETY DAYS FOR ATTACHING FACILI-
 TIES TO  NEW  STRUCTURES,  IN  EITHER  CASE  FOLLOWING  THE  APPLICANT'S
 COMPLETION OF THE INITIAL APPLICATION REQUIREMENT, EXCEPT AS MODIFIED BY
 A  MUTUAL, WRITTEN AGREEMENT BETWEEN THE MUNICIPALITY AND THE APPLICANT;
 PROVIDED, HOWEVER, THAT IF THE  MUNICIPALITY  PROVIDES  A  DETERMINATION
 BACKED  BY SUBSTANTIAL WRITTEN EVIDENCE THAT MORE TIME FOR REVIEW OF THE
 BROADBAND PERMIT APPLICATION IS NEEDED, THE MINIMUM NEEDED TIME, AS  SET
 FORTH  IN  THE DETERMINATION, SHALL APPLY. IF AN APPLICANT BELIEVES THAT
 SUCH A DETERMINATION IS INSUFFICIENTLY SUPPORTED, THE APPLICANT MAY SEEK
 REVIEW OF THE DETERMINATION IN A PROCEEDING PURSUANT TO  ARTICLE  SEVEN-
 TY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES. THE PROCEEDING SHALL BE
 GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS  AND
 CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED FORTY-FIVE
 DAYS.  IN ANY SUCH PROCEEDING, THE MUNICIPALITY SHALL BEAR THE BURDEN OF
 PROOF.
   6. "SUBSTANTIALLY SIMILAR BROADBAND PERMIT APPLICATIONS" MEANS  BROAD-
 BAND  PERMIT  APPLICATIONS THAT SHARE SUBSTANTIAL COMMONALITIES IN TERMS
 OF PURPOSE, EQUIPMENT, LOCATION, OR GENERAL DESIGN.
   § 301. PERMITS FOR BROADBAND PROJECTS. 1. UPON RECEIPT OF UP TO THIRTY
 SUBSTANTIALLY SIMILAR BROADBAND PERMIT APPLICATIONS FROM A SINGLE APPLI-
 CANT, THE MUNICIPALITY SHALL PROCESS SUCH APPLICATIONS AT THE SAME  TIME
 AND  ON  AN EXPEDITED BASIS WITHIN A PRESUMPTIVELY REASONABLE TIME.  THE
 APPLICANT SHALL EXPLICITLY IDENTIFY  THE  APPLICATIONS  FOR  WHICH  SUCH
 BATCH BROADBAND PERMIT PROCESSING IS REQUESTED. THE APPLICANT SHALL HAVE
 THE  DISCRETION TO FILE A CONSOLIDATED APPLICATION. THE MUNICIPALITY MAY
 NOT REFUSE TO ACCEPT SUCH APPLICATIONS IN ORDER TO DEFER  THE  START  OF
 THE PRESUMPTIVELY REASONABLE TIME PERIOD.
   2.  ONCE  A  BROADBAND  PERMIT APPLICATION IS SUBMITTED, EITHER AT THE
 TIME OF THE INITIAL APPLICATION REQUIREMENT OR SUBSEQUENTLY, THE MUNICI-
 S. 9134                             3
 
 PALITY SHALL NOTIFY THE APPLICANT IN WRITING WITHIN  TEN  DAYS  OF  SUCH
 APPLICATION SUBMISSION IF THE APPLICATION IS MATERIALLY INCOMPLETE. SUCH
 NOTICE SHALL CLEARLY AND SPECIFICALLY IDENTIFY ALL DOCUMENTS OR INFORMA-
 TION  ALLEGED  TO BE MISSING FROM THE APPLICATION, AND SHALL SPECIFY THE
 RELATED CODE PROVISION, ORDINANCE, APPLICATION INSTRUCTION OR  OTHERWISE
 PUBLICLY-STATED  PROCEDURES  RELATED TO THE ALLEGED MISSING INFORMATION.
 THE ISSUANCE OF SUCH A NOTICE SHALL NOT TOLL  OR  OTHERWISE  AFFECT  THE
 RUNNING  OF THE PRESUMPTIVELY REASONABLE TIME, UNLESS SUCH TIME IS MEAS-
 URED FROM THE FILING OF THE PERMIT APPLICATION, IN WHICH CASE THE SIXTY-
 OR NINETY-DAY PERIOD SHALL  RESTART  AT  THE  TIME  THAT  THE  APPLICANT
 SUBMITS THE COMPLETE APPLICATION.
   3.  IF  A  MUNICIPALITY  DOES  NOT  APPROVE SUCH SUBSTANTIALLY SIMILAR
 BROADBAND PERMIT APPLICATIONS SUBMITTED FOR BATCH BROADBAND PERMIT PROC-
 ESSING, OR ISSUE PERMITS OR OTHER REQUIRED  AUTHORIZATIONS  PURSUANT  TO
 SUCH  APPLICATIONS,  WITHIN  THE  PRESUMPTIVELY REASONABLE TIME, ALL THE
 PERMITS IN THE BATCH SHALL BE DEEMED APPROVED.
   4. IF A MUNICIPALITY DETERMINES  THAT  ONE  OR  MORE  OF  THE  PERMITS
 SUBMITTED  FOR  BATCH BROADBAND PERMIT PROCESSING ARE NOT APPROVED, SUCH
 DENIAL SHALL NOT AFFECT THE  TIMELY  AND  EXPEDITED  PROCESSING  OF  THE
 REMAINING PERMITS. IF THE FINAL DECISION IS TO DENY THE APPLICATION, THE
 FINAL DECISION DOCUMENT SHALL STATE THE BASIS FOR SUCH DENIAL, INCLUDING
 SPECIFIC  CODE  PROVISIONS  ON  WHICH THE DENIAL WAS BASED, AND SEND THE
 DECISION DOCUMENT TO THE APPLICANT ON OR BEFORE THE DAY OF DENIAL.
   5. A PERMIT FOR CONSTRUCTION GRANTED PURSUANT TO THIS SECTION SHALL BE
 VALID FOR A PERIOD OF ONE YEAR AFTER ISSUANCE  UNLESS  THE  JURISDICTION
 AND  APPLICANT AGREE TO EXTEND THE ONE-YEAR PERIOD OR DELAY IS CAUSED BY
 EVENTS OUTSIDE OF THE REASONABLE CONTROL OF THE APPLICANT.
   6. WHERE LIMITED RESOURCES AFFECT A MUNICIPALITY'S ABILITY TO  PROCESS
 BATCHED  BROADBAND  PERMIT  APPLICATIONS, A MUNICIPALITY SHALL WORK WITH
 THE APPLICANT IN GOOD FAITH TO RESOLVE THOSE RESOURCE LIMITATIONS, WHICH
 MAY INCLUDE, BUT IS NOT  LIMITED  TO,  PROVISION  BY  THE  APPLICANT  OF
 SUPPLEMENTAL RESOURCES.
   7.  FOR  THE PURPOSES OF THIS ARTICLE, A PERIOD OF TIME EXPRESSED AS A
 NUMBER OF DAYS SHALL BE COMPUTED IN ACCORDANCE WITH  SECTION  TWENTY  OF
 THE GENERAL CONSTRUCTION LAW.
   8.  THIS  ARTICLE  SHALL  NOT APPLY TO CITIES WITH A POPULATION OF ONE
 MILLION OR GREATER.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.