S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4197
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the highway law and the transportation corporations law,
   in relation to fees associated with agreements between  municipalities
   and fiber optic utility companies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 24-e of section 10 of the highway law, as added
 by section 1 of part RRR of chapter 59 of the laws of 2019,  is  amended
 to read as follows:
   24-e. The commissioner of transportation is hereby authorized to enter
 into  an agreement with any fiber optic utility for use and occupancy of
 the state right of way for the purposes of installing, modifying,  relo-
 cating,  repairing,  operating,  or  maintaining fiber optic facilities.
 Such agreement [may] SHALL NOT include a fee for use  and  occupancy  of
 the right of way[, provided, however, such fee shall not be greater than
 fair  market  value.  Any  provider using or occupying a right of way in
 fulfillment of a state grant award through the New NY Broadband  Program
 shall not be subject to a fee for such use or occupancy. Any fee for use
 or  occupancy  charged  to  a  fiber  optic  utility shall not be passed
 through in whole or in part as a fee, charge, increased service cost, or
 by any other means by a fiber optic utility to any person or entity that
 contracts with such fiber optic utility for  service.  Any  compensation
 received  by  the state pursuant to such agreement shall be deposited by
 the comptroller into the special obligation reserve and payment  account
 of  the  dedicated highway and bridge trust fund established pursuant to
 section eighty-nine-b of the state finance law].  Nothing  herein  shall
 impair,  inhibit, or otherwise affect the ability of any municipality to
 regulate zoning, land use, or any other power or authority granted under
 the law.  For purposes of this subdivision, "municipality" shall include
 a county, city, village, or town.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05035-01-1

 A. 4197                             2
 
   § 2. Section 7 of the transportation corporations  law,  as  added  by
 section  2  of part RRR of chapter 59 of the laws of 2019, is amended to
 read as follows:
   §  7.  Agreement  for  fiber  optic utility use and occupancy of state
 right of way. The commissioner of transportation is hereby authorized to
 enter into an agreement with any fiber optic utility for use  and  occu-
 pancy  of the state right of way for the purposes of installing, modify-
 ing, relocating, repairing, operating, or maintaining fiber optic facil-
 ities. Such agreement  [may]  SHALL  NOT  include  a  fee  for  use  and
 occupancy of the right of way[, provided, however, such fee shall not be
 greater  than fair market value. Any provider using or occupying a right
 of way in fulfillment of a state grant award through the New  NY  Broad-
 band  Program  shall  not be subject to a fee for such use or occupancy.
 Any fee for use or occupancy charged to a fiber optic utility shall  not
 be  passed  through  in  whole  or  in  part as a fee, charge, increased
 service cost, or by any other means by a  fiber  optic  utility  to  any
 person  or  entity  that  contracts  with  such  fiber optic utility for
 service. Any compensation received by the state pursuant to such  agree-
 ment  shall  be deposited by the comptroller into the special obligation
 reserve and payment account of the dedicated highway  and  bridge  trust
 fund  established pursuant to section eighty-nine-b of the state finance
 law]. Nothing herein shall impair,  inhibit,  or  otherwise  affect  the
 ability  of  any municipality to regulate zoning, land use, or any other
 power or authority granted under the law. For purposes of this  section,
 "municipality" shall include a county, city, village, or town.
   §  3.  This act shall take effect immediately, provided, however, that
 the amendments to subdivision 24-e of section 10 of the highway law made
 by section one and the amendments to section  7  of  the  transportation
 corporations  law  made  by section two of this act shall not affect the
 repeal of such provisions and shall be deemed repealed therewith.