S T A T E   O F   N E W   Y O R K
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                                  8016

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

Introduced by M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. CAHILL,
  CASTRO,  CRESPO,  GIBSON, GOTTFRIED, JACOBS, PEOPLES-STOKES, P. RIVERA
  -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the state technology law,  in  relation  to  encouraging
  public-private partnerships to help spread broadband deployment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "connect New York act".
  S 2. Statement of legislative findings. The legislature finds that the
deployment  and  adoption  of broadband service has resulted in enhanced
economic development and public  safety  for  the  state's  communities,
improved health care and educational opportunities, and a better quality
of  life  for the residents of the state. Further, continued progress in
the deployment and adoption of broadband and other advanced telecommuni-
cations and information technology services is vital  to  ensuring  that
the  state  remains competitive and continues to create business and job
growth. The legislature finds that the state must encourage and  support
the  partnership  of  the  public  and  private sectors in the continued
growth of broadband services for the state's residents and businesses.
  S 3. Section 104 of the state technology  law  is  amended  by  adding
three new subdivisions 3, 4 and 5 to read as follows:
  3.  THE MEMBERS OF THE ADVISORY COUNCIL SHALL DEVELOP A PUBLIC-PRIVATE
PARTNERSHIP AND IMPLEMENT A COMPREHENSIVE, STATEWIDE  BROADBAND  DEPLOY-
MENT  AND  ADOPTION  INITIATIVE WITH THE PURPOSE OF:  ESTABLISHING WIDE-
SPREAD ACCESS TO AFFORDABLE AND RELIABLE  BROADBAND  SERVICE;  ACHIEVING
IMPROVED   TECHNOLOGY   LITERACY,   INCREASED  COMPUTER  OWNERSHIP,  AND
INCREASED BROADBAND USE AMONG STATE RESIDENTS AND BUSINESSES; ESTABLISH-
ING AND EMPOWERING LOCAL GRASSROOTS TECHNOLOGY TEAMS IN EACH  REGION  OF
THE  STATE TO PLAN FOR IMPROVED TECHNOLOGY USE ACROSS MULTIPLE COMMUNITY
SECTORS; AND ESTABLISHING AND SUSTAINING AN ENVIRONMENT RIPE FOR  BROAD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02127-01-1
              

A. 8016                             2

BAND AND INFORMATION TECHNOLOGY INVESTMENT STATEWIDE. THE PUBLIC-PRIVATE
PARTNERSHIP  AS  SET  FORTH IN THIS SECTION SHALL INCLUDE STATE AGENCIES
AND BODIES REPRESENTING ECONOMIC DEVELOPMENT, LOCAL  COMMUNITY  DEVELOP-
MENT,  TECHNOLOGY  PLANNING, EDUCATION, HEALTHCARE, LIBRARIES, AND OTHER
RELEVANT ENTITIES. THE PUBLIC  ENTITIES  WITHIN  THE  PARTNERSHIP  SHALL
COLLABORATE  WITH  TELECOMMUNICATIONS  PROVIDERS,  TECHNOLOGY COMPANIES,
TELECOMMUNICATION UNIONS, COMMUNITY  BASED  ORGANIZATIONS  AND  RELEVANT
PRIVATE SECTOR ENTITIES TO ACHIEVE SUCH PURPOSES.
  4.  THE MEMBERS OF THE COUNCIL SHALL ENSURE THAT THE BROADBAND DEPLOY-
MENT AND ADOPTION INITIATIVE AS SET FORTH IN THIS SECTION SHALL INCLUDE,
BUT NOT BE LIMITED TO:
  (A) CREATING A GEOGRAPHIC STATEWIDE INVENTORY OF BROADBAND SERVICE AND
OTHER RELEVANT TELECOMMUNICATIONS AND INFORMATION  TECHNOLOGY  SERVICES.
THE INVENTORY SHALL:
  (I)  IDENTIFY GEOGRAPHIC GAPS IN BROADBAND SERVICE THROUGH A METHOD OF
GEOGRAPHIC INFORMATION SYSTEM MAPPING OF SERVICE AVAILABILITY  BASED  ON
THE  GEOGRAPHIC  BOUNDARIES OF WHERE SERVICE IS AVAILABLE OR UNAVAILABLE
AMONG RESIDENTIAL OR BUSINESS CUSTOMERS;
  (II) IDENTIFY THE SPEEDS OF BROADBAND CONNECTIONS  MADE  AVAILABLE  TO
INDIVIDUALS  AND  BUSINESSES WITHIN THE STATE, AND RELY ON THE DATA RATE
BENCHMARKS FOR BROADBAND SERVICE  USED  BY  THE  FEDERAL  COMMUNICATIONS
COMMISSION TO REFLECT DIFFERENT SPEED TIERS;
  (III)  PROVIDE A BASELINE ASSESSMENT OF STATEWIDE BROADBAND DEPLOYMENT
IN TERMS OF PERCENTAGE OF HOUSEHOLDS WITH BROADBAND AVAILABILITY; AND
  (IV) PROVIDE UPDATES TO SUCH DATA ANNUALLY;
  (B) TRACKING STATEWIDE RESIDENTIAL AND BUSINESS ADOPTION OF BROADBAND,
COMPUTERS, AND RELATED INFORMATION TECHNOLOGY; IDENTIFYING  BARRIERS  TO
ADOPTION;  PROVIDING  DEMOGRAPHIC  ANALYSIS OF THESE DATA; AND MEASURING
PROGRESS ON SUCH DATA ANNUALLY;
  (C) LOCAL LEVEL COLLECTION AND ANALYSIS OF THE DATA SET FORTH IN PARA-
GRAPH (B) OF THIS SUBDIVISION, DERIVED  THROUGH  RESEARCH  METHODS  THAT
PRODUCE STATISTICALLY SIGNIFICANT RESULTS, WHICH SHALL BE USED FOR PLAN-
NING  EFFORTS  BY  THE  PUBLIC-PRIVATE  PARTNERSHIP AND LOCAL TECHNOLOGY
PLANNING TEAMS SET FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION;
  (D) BUILDING AND FACILITATING IN EACH DESIGNATED REGION A LOCAL  TECH-
NOLOGY  PLANNING  TEAM  WITH MEMBERS REPRESENTING A CROSS SECTION OF THE
COMMUNITY, INCLUDING BUT NOT LIMITED  TO  REPRESENTATIVES  OF  BUSINESS,
TELECOMMUNICATIONS UNIONS, KINDERGARTEN THROUGH TWELFTH GRADE EDUCATION,
HEALTH CARE, LIBRARIES, HIGHER EDUCATION, COMMUNITY-BASED ORGANIZATIONS,
LOCAL  GOVERNMENT,  TOURISM, PARKS AND RECREATION, AND AGRICULTURE. EACH
TEAM SHALL BENCHMARK TECHNOLOGY USE ACROSS RELEVANT  COMMUNITY  SECTORS,
SET  GOALS FOR IMPROVED TECHNOLOGY USE WITHIN EACH SECTOR, AND DEVELOP A
TACTICAL BUSINESS PLAN FOR ACHIEVING ITS GOALS, WITH SPECIFIC  RECOMMEN-
DATIONS FOR ONLINE APPLICATION DEVELOPMENT AND DEMAND STIMULATION;
  (E)  WORKING  COLLABORATIVELY  WITH  TELECOMMUNICATIONS  AND BROADBAND
PROVIDERS AND TECHNOLOGY COMPANIES ACROSS THE STATE TO ENCOURAGE DEPLOY-
MENT AND USE, ESPECIALLY IN UNSERVED AND UNDERSERVED AREAS, THROUGH  THE
USE  OF LOCAL DEMAND AGGREGATION, DATA ANALYSIS, AND OTHER STRATEGIES TO
IMPROVE THE BUSINESS CASE FOR PROVIDERS TO DEPLOY BROADBAND;
  (F) SECURING CONTRIBUTIONS TO ESTABLISH PROGRAMS THAT IMPROVE COMPUTER
OWNERSHIP, TECHNOLOGY LITERACY, AND  BROADBAND  ACCESS  FOR  UNDERSERVED
POPULATIONS ACROSS THE STATE;
  (G) FACILITATING INFORMATION EXCHANGE REGARDING THE USE AND DEMAND FOR
BROADBAND SERVICES BETWEEN PUBLIC AND PRIVATE SECTORS; AND
  (H)  IDENTIFYING  SUCH  ADDITIONAL PUBLIC-PRIVATE PARTNERSHIP PROJECTS
THAT ACHIEVE THE GOALS  AS  SET  FORTH  IN  SUBDIVISION  THREE  OF  THIS

A. 8016                             3

SECTION,  INCLUDING SECURING FUNDING FROM FEDERAL AND OTHER RESOURCES TO
IMPLEMENT SUCH PROJECTS.
  5.  THE  MEMBERS OF THE COUNCIL SHALL CONTRACT WITH A NONPROFIT ORGAN-
IZATION TO ACCOMPLISH THE OBJECTIVES SET FORTH IN  THIS  SECTION.    THE
NONPROFIT ORGANIZATION SHALL:
  (A)  HAVE  ESTABLISHED COMPETENCY IN WORKING ON A STATEWIDE BASIS WITH
PUBLIC AND PRIVATE SECTORS TO ACCOMPLISH THE DEPLOYMENT AND ADOPTION  OF
BROADBAND SERVICE;
  (B)  HAVE  AN  ESTABLISHED  COMPETENCY WORKING DIRECTLY WITH BROADBAND
PROVIDERS IN THE HANDLING, STORAGE, AND USE OF PROPRIETARY AND  COMPETI-
TIVELY SENSITIVE DATA FOR THE PURPOSES SET FORTH IN THIS SECTION; AND
  (C)  ENTER  INTO  VOLUNTARY  NONDISCLOSURE  AGREEMENTS AS NECESSARY TO
PREVENT THE UNAUTHORIZED  DISCLOSURE  OF  CONFIDENTIAL  AND  PROPRIETARY
INFORMATION PROVIDED BY BROADBAND SERVICE PROVIDERS.
  S  4.  Nothing in this act shall be construed as giving the office for
technology or the advisory council for technology or other entities  any
additional  authority,  regulatory or otherwise, over providers of tele-
communications and information technology.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.