Bill Text: NY S08693 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes the commissioner of transportation to enter into an agreement with all entities for use and occupancy of the state right of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber optic facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-10-26 - PRINT NUMBER 8693A [S08693 Detail]
Download: New_York-2019-S08693-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8693--A IN SENATE July 8, 2020 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and the transportation corporations law, in relation to agreements for fiber optic use and occupancy of state right of way; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 24-e of section 10 of the highway law, as added 2 by section 1 of part RRR of chapter 59 of the laws of 2019, is amended 3 to read as follows: 4 24-e. The commissioner of transportation is hereby authorized to enter 5 into an agreement with [any fiber optic utility] all entities for use 6 and occupancy of the state right of way for the purposes of installing, 7 modifying, relocating, repairing, operating, or maintaining fiber optic 8 facilities. [Such agreement may include a fee for use and occupancy of9the right of way, provided, however, such fee shall not be greater than10fair market value. Any provider using or occupying a right of way in11fulfillment of a state grant award through the New NY Broadband Program12shall not be subject to a fee for such use or occupancy. Any fee for use13or occupancy charged to a fiber optic utility shall not be passed14through in whole or in part as a fee, charge, increased service cost, or15by any other means by a fiber optic utility to any person or entity that16contracts with such fiber optic utility for service. Any compensation17received by the state pursuant to such agreement shall be deposited by18the comptroller into the special obligation reserve and payment account19of the dedicated highway and bridge trust fund established pursuant to20section eighty-nine-b of the state finance law. Nothing herein shall21impair, inhibit, or otherwise affect the ability of any municipality to22regulate zoning, land use, or any other power or authority granted under23the law. For purposes of this subdivision, "municipality" shall include24a county, city, village, or town.] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16709-04-0S. 8693--A 2 1 § 2. Section 7 of the transportation corporations law, as added by 2 section 2 of part RRR of chapter 59 of the laws of 2019, is amended to 3 read as follows: 4 § 7. Agreement for fiber optic [utility] use and occupancy of state 5 right of way. The commissioner of transportation [is hereby authorized6to] shall enter into an agreement with [any fiber optic utility] all 7 entities for use and occupancy of the state right of way for the 8 purposes of installing, modifying, relocating, repairing, operating, or 9 maintaining fiber optic facilities. Such agreement [may] shall include a 10 fee for use and occupancy of the state right of way, provided, however, 11 such fee shall [not be greater than fair market value] be based on the 12 department of transportation's cost of managing the state right of way 13 and assessed annually to all entities occupying the state right of way. 14 Any provider using or occupying a right of way in fulfillment of a state 15 grant award through the New NY Broadband Program shall not be subject to 16 a fee for such use or occupancy. Any fee for use or occupancy charged to 17 a fiber optic utility shall not be passed through in whole or in part as 18 a fee, charge, increased service cost, or by any other means by a fiber 19 optic utility to any person or entity that contracts with such fiber 20 optic utility for service. [Any compensation received by the state21pursuant to such agreement shall be deposited by the comptroller into22the special obligation reserve and payment account of the dedicated23highway and bridge trust fund established pursuant to section eighty-24nine-b of the state finance law. Nothing herein shall impair, inhibit,25or otherwise affect the ability of any municipality to regulate zoning,26land use, or any other power or authority granted under the law. For27purposes of this section, "municipality" shall include a county, city,28village, or town] Such compensation received by the state pursuant to 29 such agreement shall be deposited by the comptroller into the special 30 obligation reserve and payment account of the dedicated highway and 31 bridge trust fund established pursuant to section eighty-nine-b of the 32 state finance law. 33 § 3. The transportation corporations law is amended by adding a new 34 section 8 to read as follows: 35 § 8. Assessment of annual fee for use and occupancy of the state right 36 of way. 1. The commissioner of transportation is authorized to assess an 37 annual fee to all entities occupying the state right of way on a pro- 38 rata basis of the total linear length of fiber facilities owned by the 39 entities as of March thirty-first of each year. 40 2. The department of transportation shall develop a standardized form, 41 which at a minimum shall require from each entity the total linear feet 42 of state right of way occupancy, without regard to the number of fiber 43 strands or cables an entity has deployed in the state right of way. The 44 total linear feet shall include both aerial and underground facilities 45 occupying the state right of way as of March thirty-first of each year. 46 Such standardized form shall include a certification and attestation to 47 the true and accurate nature of the entity's reported total linear feet 48 and each entity shall submit said form no later than May first of each 49 year. 50 3. The annual fee shall be assessed to all entities occupying the 51 state right of way on a pro-rata basis on or before June thirtieth annu- 52 ally. Provided, however that any fees collected pursuant to subdivision 53 twenty-four-e of section ten of the highway law shall be applied. All 54 fees and security deposits remitted to the department of transportation 55 by an entity between October first, two thousand nineteen and March 56 thirty-first, two thousand twenty shall be applied toward that entity'sS. 8693--A 3 1 first year pro-rata payment. All fees and security deposits remitted to 2 the department of transportation from April first, two thousand twenty 3 and March thirty-first, two thousand twenty-one shall be applied toward 4 that entity's second year pro-rata payment. In the event that the enti- 5 ty's payments made in any year exceed the calculated pro-rata share for 6 that entity, the excess fees and security deposits shall be applied to 7 the subsequent years' pro-rata payments as appropriate. 8 4. Notwithstanding any other law or provision to the contrary, such 9 total annual fee collected by the department of transportation pursuant 10 to this section for fiber optic use and occupancy of the state right of 11 way shall not exceed: fifteen million dollars for state fiscal year two 12 thousand twenty; thirty million dollars for state fiscal year two thou- 13 sand twenty-one; fifty million dollars for state fiscal years two thou- 14 sand twenty-two through two thousand twenty-four and shall be paid on a 15 pro-rata basis by all entities occupying the state right of way. 16 5. Notwithstanding any other law or provision to the contrary the 17 department of transportation is authorized to contract with an independ- 18 ent consultant to determine and assess the annual fee for use and occu- 19 pancy of the state right of way. 20 § 4. This act shall take effect immediately; provided, however, that 21 section 8 of the transportation corporations law as added by section 22 three of this act shall be deemed repealed on the same date and same 23 manner as part RRR of chapter 59 of the laws of 2019, as amended; 24 provided, further, that the amendments to subdivision 24-e of section 10 25 of the highway law made by section one of this act and the amendments to 26 section 7 of the transportation corporations law made by section two of 27 this act shall not affect the repeal of such subdivision and such 28 section and shall be deemed repealed therewith.