S T A T E   O F   N E W   Y O R K
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                                   3589
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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".
   § 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.
   § 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-
 BAND AND INFORMATION TECHNOLOGY INVESTMENT STATEWIDE. THE PUBLIC-PRIVATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09572-01-9

 S. 3589                             2
 
 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

 S. 3589                             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.
   §  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.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.