Bill Text: NY S08978 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-04 - REFERRED TO LOCAL GOVERNMENT [S08978 Detail]

Download: New_York-2023-S08978-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8978

                    IN SENATE

                                      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:

     1    Section  1.  The  real  property  tax  law  is amended by adding a new
     2  section 431 to read as follows:
     3    § 431. Fiber optic cable. 1. For the  purposes  of  this  section  the
     4  following terms shall have the following meanings:
     5    (a)  "Open  access  fiber  optic broadband company" shall mean a local
     6  authority as defined in section two of the public authorities law  or  a
     7  municipal corporation as defined in section two of the general municipal
     8  law  engaged in the construction, operation, marketing and sale of fiber
     9  optic broadband infrastructure and services.
    10    (b) "Open access fiber optic network" shall  mean  open  access  fiber
    11  optic  cable  and  infrastructure  owned  by  an open access fiber optic
    12  broadband company.
    13    (c) "Open access fiber optic  cable  and  infrastructure"  shall  mean
    14  fiber  optic cable and related equipment which is owned and installed by
    15  or caused to be installed by an open access fiber optic broadband compa-
    16  ny to transmit, or  facilitate  the  transmission,  of  broadband  data,
    17  applications, and services to end users.
    18    2.  Notwithstanding  any  other  provision of law to the contrary, all
    19  open access fiber optic networks and open access fiber optic  cable  and
    20  infrastructure  owned  by  an open access fiber optic broadband company,
    21  whether located on public or private property,  and  installed  for  the
    22  purpose  of  distributing  broadband  technology and services, except as
    23  provided in subdivision three of this section, shall be exempt from real
    24  property taxes, levies and assessments.
    25     3. Notwithstanding any other provision of law to  the  contrary,  all
    26  open  access  fiber optic networks and open access fiber optic cable and
    27  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

     1  more  shall  not  be exempt from real property taxes, levies and assess-
     2  ments.
     3    4.  The  commissioner  is hereby authorized and directed to promulgate
     4  rules and regulations necessary to  implement  the  provisions  of  this
     5  section.
     6    § 2. This act shall take effect immediately and shall apply to assess-
     7  ment rolls prepared on the basis of taxable status dates occurring on or
     8  after such date.