Provides that the department of transportation shall not require a survey as part of an agreement with any fiber optic utility for use and occupancy of a state right of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber optic facilities as part of the department's consolidated application, when such use and occupancy of the state right of way is utilizing existing infrastructure, including but not limited to aerial pole attachments and underground conduits.
S T A T E O F N E W Y O R K
________________________________________________________________________
480
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN, BURDICK, KELLES, LUPARDO, BUTTENSCHON,
GLICK, JACOBSON, ANGELINO, GALLAHAN, TAGUE -- read once and referred
to the Committee on Transportation
AN ACT to amend the highway law, in relation to the department of trans-
portation not requiring surveying in certain situations
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 AS PART OF AN AGREE-
MENT WITH ANY FIBER OPTIC UTILITY FOR USE AND OCCUPANCY OF A STATE RIGHT
OF WAY FOR THE PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING,
OPERATING, OR MAINTAINING FIBER OPTIC FACILITIES AS PART OF THE DEPART-
MENT'S CONSOLIDATED APPLICATION, WHEN SUCH USE AND OCCUPANCY OF THE
STATE RIGHT OF WAY IS UTILIZING EXISTING INFRASTRUCTURE, INCLUDING BUT
NOT LIMITED TO AERIAL POLE ATTACHMENTS AND UNDERGROUND CONDUITS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02380-01-5
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