NY State Senate Bill 2025-S6327

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2025	referred to local government

2025-S6327 (ACTIVE) - Details

See Assembly Version of this Bill:: A1714
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §431, RPT L
Versions Introduced in 2023-2024 Legislative Session:: S8978, A9964

2025-S6327 (ACTIVE) - Summary

Provides an exemption for certain fiber optic cable assessments in Erie county.

2025-S6327 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6327

SPONSOR: RYAN S
 
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 municipal
fiber optic broadband companies in Erie county

 
PURPOSE:

To incentivize the development and deployment of municipal broadband in
Erie County.

 
SUMMARY OF PROVISIONS:

Section 1: creates a new section (§ 431) of the real property tax law,
which specifies that municipal fiber optic networks in Erie County and
municipal fiber optic cable in Erie County is exempt from real property
taxes. Specifies that municipal fiber optic broadband companies are
owned by municipalities or a non-profit local authority. Requires that
municipal broadband companies shall use contractors that adhere to state

labor standards, including prevailing wage requirements.

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 nonpro-
fits 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:

2024: S.8978/A.9964 - Vetoed

 
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.

2025-S6327 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6327
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2025
                                ___________
 
 Introduced  by  Sen. S. 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 municipal
   fiber optic broadband companies in Erie county

   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 IN ERIE COUNTY. 1.  FOR THE PURPOSES OF  THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "MUNICIPAL  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 AND LOCATED IN ERIE COUNTY.
   (B) "MUNICIPAL FIBER OPTIC NETWORK" SHALL MEAN MUNICIPAL  FIBER  OPTIC
 CABLE  AND  INFRASTRUCTURE  OWNED  BY  A MUNICIPAL FIBER OPTIC BROADBAND
 COMPANY.
   (C) "MUNICIPAL 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 A MUNICIPAL FIBER OPTIC BROADBAND  COMPANY  TO
 TRANSMIT,  OR  FACILITATE  THE TRANSMISSION, OF BROADBAND DATA, APPLICA-
 TIONS, AND SERVICES TO END USERS LOCATED IN ERIE COUNTY.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ALL
 MUNICIPAL  FIBER  OPTIC  NETWORKS  AND  MUNICIPAL  FIBER OPTIC CABLE AND
 INFRASTRUCTURE OWNED BY  A  MUNICIPAL  FIBER  OPTIC  BROADBAND  COMPANY,
 WHETHER  LOCATED  ON  PUBLIC  OR PRIVATE PROPERTY, AND INSTALLED FOR THE
 PURPOSE OF DISTRIBUTING BROADBAND  TECHNOLOGY  AND  SERVICES,  SHALL  BE
 EXEMPT FROM REAL PROPERTY TAXES, LEVIES AND ASSESSMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03025-03-5
 S. 6327                             2

 
   3.  IN ANY CONTRACTING FOR THE CONSTRUCTION, OPERATION, AND MANAGEMENT
 OF A MUNICIPAL FIBER OPTIC  NETWORK,  THE  MUNICIPAL  BROADBAND  COMPANY
 SHALL  PRIORITIZE  APPLICANTS  THAT  HAVE AND COMMIT TO MAINTAINING HIGH
 STANDARDS OF WORKPLACE  SAFETY  PRACTICES,  TRAINING,  CERTIFICATION  OR
 LICENSURE FOR ALL RELEVANT WORKERS, AND COMPLIANCE WITH STATE AND FEDER-
 AL  WORKPLACE  PROTECTIONS;  ENSURE THAT PERSONS, COMPANIES, OR ENTITIES
 SEEKING TO CONTRACT WITH THE  MUNICIPAL  BROADBAND  COMPANY  DEMONSTRATE
 SUITABLE  FISCAL,  TECHNICAL,  OPERATIONAL, AND MANAGEMENT CAPABILITIES;
 ENSURE THAT APPLICANTS FOR FUNDING PROVIDE CERTIFICATIONS AS TO  COMPLI-
 ANCE  WITH  RELEVANT SAFETY STANDARDS, INCLUDING THE NATIONAL ELECTRICAL
 SAFETY CODE; ENSURE THAT APPLICANTS FOR FUNDING  PROVIDE  CERTIFICATIONS
 AS  TO  COMPLIANCE  WITH RELEVANT WORKPLACE PROTECTIONS AS DETERMINED BY
 THE DEPARTMENT OF LABOR INCLUDING THE  OCCUPATIONAL  SAFETY  AND  HEALTH
 ACT,  THE FAIR LABOR STANDARDS ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF
 1964, AND NEW YORK STATE LABOR AND EMPLOYMENT LAWS; ENSURE  THAT  APPLI-
 CANTS  FOR FUNDING SUBMIT TO THE MUNICIPAL BROADBAND COMPANY A WORKFORCE
 PLAN  WHICH  SHALL  INCLUDE:  (A)  INFORMATION  REGARDING  WHETHER   THE
 CONSTRUCTION  WORKFORCE  WILL  BE DIRECTLY EMPLOYED OR SUBCONTRACTED AND
 WHAT ENTITY EMPLOYS THE WORKFORCE; (B) THE ANTICIPATED SIZE OF THE WORK-
 FORCE REQUIRED TO CARRY OUT THE PROPOSED  WORK;  (C)  A  DESCRIPTION  OF
 PLANS  TO  MAXIMIZE  USE  OF  LOCAL  OR  REGIONAL  WORKFORCE;  AND (D) A
 DESCRIPTION OF THE EXPECTED WORKFORCE SAFETY STANDARDS AND  TRAINING  TO
 ENSURE THE PROJECT IS COMPLETED AT A HIGH STANDARD. THE MUNICIPAL BROAD-
 BAND COMPANY SHALL PUBLISH WORKFORCE PLANS PUBLICLY ON ITS WEBSITE.
   4.  MUNICIPAL FIBER OPTIC NETWORKS SHALL BE SUBJECT TO PREVAILING WAGE
 REQUIREMENTS IN ACCORDANCE WITH ARTICLE EIGHT OF THE LABOR LAW.
   5. 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 S6327

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

Actions

2025-S6327 (ACTIVE) - Details

2025-S6327 (ACTIVE) - Summary

2025-S6327 (ACTIVE) - Sponsor Memo

2025-S6327 (ACTIVE) - Bill Text download pdf

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Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Local Government Committee

Actions

2025-S6327 (ACTIVE) - Details

2025-S6327 (ACTIVE) - Summary

2025-S6327 (ACTIVE) - Sponsor Memo

2025-S6327 (ACTIVE) - Bill Text download pdf

Comments