S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8447
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. SMULLEN, SIMPSON -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  the  public service law, in relation to enacting the
   "regional broadband expansion and access program act"; and  to  repeal
   subdivision 24-e of section 10 of the highway law and section 7 of the
   transportation  corporations law, in relation to the cost of expanding
   broadband access
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that, based on certain metrics, New York State is number two in
 the nation for broadband access, but the State's progress  is  far  from
 over.  Nationwide,  the  State  ranks in the middle of the pack when one
 accounts for overall access to gigabit internet, coupled with the broad-
 band subscription rate. In  2015,  Governor  Cuomo  established  a  $500
 million "New NY Broadband Program" that was intended to bring high-speed
 internet  access  to  areas both unserved (download speeds fewer than 25
 Mbps (megabits per second)) and underserved (download speeds between  25
 Mbps  and  99  Mbps),  respectively.  One thing became clear as many New
 Yorkers were unable to access necessary services due to a lack of inter-
 net access: Governor  Cuomo's  top-down  strategy  has  failed.  As  the
 COVID-19 pandemic has ushered in a new "remote world", where the economy
 and  our healthcare/education systems are dependent on a reliable broad-
 band infrastructure, access to broadband is needed in  order  to  access
 necessary services.
   It  is  the  government's responsibility to design a program that will
 provide this access. Doing so would increase  access  to  remotely-based
 employment,  education,  and  health  services  that will be part of the
 post-pandemic world. This  proposal  would  completely  restructure  the
 State's strategy for delivering adequate broadband service and speeds to
 underserved  areas.  Similar to how the State altered course when estab-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13434-01-1
              

 A. 8447                             2
 
 lishing the Statewide Wireless Network  (SWN),  the  Regional  Broadband
 Expansion and Access Program (RBEAP) would decentralize the current "New
 NY Broadband" process and permit localities to collaborate on and design
 regionally-tailored  plans to ensure internet access to every citizen in
 their designated areas. Ultimately, this proposal would  put  the  power
 back  in the hands of localities who understand their own regions better
 than Albany-based State agencies.
   Eligible localities would form regional consortia to design plans that
 would guarantee broadband coverage to every resident in  each  consorti-
 um's  region,  whereby  the consortia would have the ability to contract
 with Internet Service Providers (ISPs) to design  plans  that  work  for
 their  own  regions.  Each  consortium shall comprise multiple "regional
 broadband districts" (RBDs). State funding, utilizing  existing  or  new
 State  and/or  Federal funds, would be at each consortium's disposal for
 numerous purposes, such as the costs of contracting with ISPs to install
 or bolster broadband infrastructure (fiber optic-based, cable-based, and
 so on), establishing temporary access programs for  citizens  to  bridge
 existing  gaps,  such  as  by  creating  "Mobile Hot Spots", among other
 initiatives. The State would be charged  with  providing  any  technical
 assistance  to  regional  consortia while the latter design their plans,
 and would help to define adequate broadband  speeds.  It  is  understood
 that  "adequate  broadband speeds" are different based on numerous vari-
 ables; however, the speeds and reliability must be enough to ensure each
 New Yorker can participate in necessary remote-based  services  such  as
 education, telehealth, and remote meetings.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "regional broadband expansion and access program act".
   § 3. The public service law is amended by adding a new article  12  to
 read as follows:
                                ARTICLE 12
            REGIONAL BROADBAND EXPANSION AND ACCESS PROGRAM ACT
 SECTION 241. DEFINITIONS.
         242. REGIONAL BROADBAND EXPANSION AND ACCESS PROGRAM.
         243. BROADBAND DISTRICTS.
         244. REGIONAL BROADBAND DISTRICT PLANS.
         245. ELIGIBLE COSTS.
   § 241. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "DEPARTMENT"  SHALL MEAN THE STATE DEPARTMENT OF ECONOMIC DEVELOP-
 MENT.
   2. "BROADBAND DISTRICT" SHALL MEAN A DISTRICT FORMED BY A LOCALITY  IN
 ANY  OF  THE  SIXTY-TWO  COUNTIES  OF  THE  STATE  AS ITS BOUNDARIES ARE
 PRESCRIBED BY LAW.
   3. "REGIONAL BROADBAND DISTRICT" SHALL MEAN A REGIONAL DISTRICT FORMED
 BY NEIGHBORING BROADBAND DISTRICTS.
   4. "REGIONAL CONSORTIA" SHALL MEAN WHEN  BROADBAND  DISTRICTS  COLLAB-
 ORATE  TO  SUBMIT ONE OR MORE BROADBAND PROPOSALS TO THE CORPORATION FOR
 FUNDING.
   5. "PROGRAM" SHALL MEAN THE REGIONAL BROADBAND  EXPANSION  AND  ACCESS
 PROGRAM.
   6. "CORPORATION" SHALL MEAN THE URBAN DEVELOPMENT CORPORATION.
   7.  "SUBCOMMITTEE" SHALL MEAN AND BE COMPRISED OF REPRESENTATIVES FROM
 GOVERNING BOARDS OF ELIGIBLE COUNTIES, CITIES, TOWNS,  VILLAGES,  SCHOOL
 DISTRICTS, TRIBAL LANDS AND ANY OTHER ENTITY LOCATED WITHIN THE REGIONAL
 BROADBAND DISTRICT TO OVERSEE AND ADVISE SUCH DISTRICT.
   8. "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSINESS, ENTITY
 OR  ORGANIZATION  QUALIFIED  TO  DO  BUSINESS IN THE STATE THAT PROVIDES
 A. 8447                             3
 
 INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT
 TO THE INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN-STATE.
   9.  "GOVERNING BOARD" SHALL MEAN AND INCLUDES THE BOARD OF SUPERVISORS
 OF A COUNTY, THE TOWN BOARD OF A TOWN, THE COMMON COUNCIL OF A CITY, AND
 THE BOARD OF TRUSTEES OF A VILLAGE.
   10. "MUNICIPALITY" SHALL MEAN AND INCLUDES ANY COUNTY, CITY, TOWN,  OR
 VILLAGE LOCATED WITHIN A BROADBAND DISTRICT.
   11. "INDIAN NATION OR TRIBE" MEANS ONE OF THE FOLLOWING NEW YORK STATE
 INDIAN  NATIONS  OR  TRIBES:  CAYUGA  NATION, ONEIDA NATION OF NEW YORK,
 ONONDAGA NATION, POOSPATUCK OR UNKECHAUGE  NATION,  SAINT  REGIS  MOHAWK
 TRIBE,  SENECA  NATION  OF  INDIANS, SHINNECOCK INDIAN NATION, TONAWANDA
 BAND OF SENECA AND TUSCARORA NATION.
   § 242. REGIONAL BROADBAND EXPANSION AND ACCESS PROGRAM. 1. THE DEPART-
 MENT SHALL, IN  COOPERATION  WITH  THE  URBAN  DEVELOPMENT  CORPORATION,
 ESTABLISH  AND  ADMINISTER A PROGRAM TO BE KNOWN AS THE "REGIONAL BROAD-
 BAND EXPANSION AND ACCESS PROGRAM" TO  ALLOW  A  REGIONAL  CONSORTIA  TO
 SUBMIT  A REGIONALLY-BASED BROADBAND PLAN FOR FUNDING BY THE STATE. SUCH
 REGIONALLY-BASED BROADBAND PLAN SHALL GUARANTEE  BROADBAND  COVERAGE  TO
 EVERY RESIDENT WITHIN THE REGIONAL BROADBAND DISTRICT.
   2. REGIONAL BROADBAND DISTRICT PLANS SHALL BE SUBMITTED TO THE DEPART-
 MENT  FOR  REVIEW  TO  ENSURE  COMPLIANCE WITH STATE LAW, THAT SUCH PLAN
 PROVIDES BROADBAND SERVICES TO ALL RESIDENTS IN SUCH COUNTY  OR  REGION,
 AND  THAT  THE PLAN WILL HAVE THE INTENDED EFFECT OF EXPANDING BROADBAND
 SERVICES, SPEED AND RELIABILITY  IN  THE  AREA.  AFTER  THIRTY  DAYS  OF
 RECEIVING A REGIONAL BROADBAND DISTRICT PLAN, SUCH PLAN SHALL BE CONSID-
 ERED  APPROVED, UNLESS REJECTED BY THE DEPARTMENT AND CORPORATION DUE TO
 VIOLATIONS OF LAW OR PROOF THAT SUCH PLAN  SIGNIFICANTLY  DEVIATES  FROM
 THE INTENT OF THE PROGRAM. PRIORITY SHALL BE GIVEN TO REGIONAL BROADBAND
 DISTRICT  PLANS  THAT FOCUS ON ACCESS TO BROADBAND SERVICES, FOLLOWED BY
 PLANS FOR RELIABILITY AND BROADBAND SPEED.
   3. THE DEPARTMENT SHALL, IN CONSULTATION WITH THE CORPORATION, PROMUL-
 GATE RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
 ARTICLE. NOTWITHSTANDING ANY LAW, RULE OR REGULATION  TO  THE  CONTRARY,
 THE  DEPARTMENT AND ANY OTHER STATE AGENCY OR AUTHORITY IS AUTHORIZED TO
 WAIVE ANY REGULATORY OR STATUTORY RULE TO IMPLEMENT SUCH REGIONAL BROAD-
 BAND DISTRICT PLAN IF SUCH WAIVER SHALL NOT HAVE AN  ADVERSE  IMPACT  ON
 THE HEALTH OR SAFETY OF PERSONS WITHIN THE STATE.
   §  243. BROADBAND DISTRICTS. A COUNTY, AT ITS DISCRETION, SHALL FORM A
 BROADBAND DISTRICT TO SEEK INPUT FROM RESIDENTS, INSTITUTIONS OF ELEMEN-
 TARY, SECONDARY AND HIGHER EDUCATION,  NON-PROFIT  ORGANIZATIONS,  LOCAL
 BUSINESSES,  COMMUNITY  DEVELOPMENT  ORGANIZATIONS  AND ANY OTHER ENTITY
 WITHIN THE BROADBAND DISTRICT ON THE AVAILABILITY OF  BROADBAND  ACCESS,
 THE  RELIABILITY  OF BROADBAND SERVICES, AND THE CURRENT LEVEL OF BROAD-
 BAND SPEEDS WITHIN SUCH DISTRICT. SUCH BROADBAND DISTRICT SHALL  BE  LED
 BY  THE  COUNTY EXECUTIVE AND A REPRESENTATIVE FROM EACH OF THE COUNTY'S
 INNER MUNICIPALITIES.
   § 244. REGIONAL BROADBAND DISTRICT PLANS. 1. A CONSORTIA OF  BROADBAND
 DISTRICTS  SHALL COLLABORATE AND ESTABLISH A REGIONAL BROADBAND DISTRICT
 TO SUBMIT REGIONALLY-BASED BROADBAND PLANS TO THE DEPARTMENT PURSUANT TO
 SECTION TWO HUNDRED FORTY-TWO OF THIS ARTICLE. A SUBCOMMITTEE  SHALL  BE
 FORMED TO GOVERN AND OVERSEE THE ACTIONS TAKEN BY THE REGIONAL BROADBAND
 DISTRICT.
   2.  AT  THE REQUEST OF A REGIONAL BROADBAND DISTRICT, THE STATE BROAD-
 BAND PROGRAM OFFICE, IN ADDITION TO ANY OTHER  STATE  AGENCY  OR  PUBLIC
 BENEFIT  CORPORATION,  SHALL PROVIDE SUPPORT AT NO COST TO SUCH REGIONAL
 BROADBAND DISTRICT, INCLUDING BUT NOT LIMITED TO:
 A. 8447                             4
 
   A. BROADBAND DATA OR MAPPING;
   B. LOGISTICS;
   C. COMMUNICATIONS WITH MUNICIPALITIES WITHIN THE DISTRICT;
   D. TECHNICAL ASSISTANCE IN ACQUIRING PROPOSALS AND COMPILING SUCH INTO
 A REGIONAL PLAN FOR SUBMISSION TO THE STATE;
   E. ASSISTANCE WORKING WITH INTERNET SERVICE PROVIDERS TO OBTAIN QUOTES
 FOR SERVICE BUILDOUTS AND EQUIPMENT; AND
   F. ANY ADDITIONAL ASSISTANCE THAT SUCH REGIONAL BROADBAND DISTRICT MAY
 REQUEST.
   3. ANY REGIONAL BROADBAND DISTRICT PLAN PROPOSED BY A REGIONAL CONSOR-
 TIA TO THE STATE SHALL INCLUDE PLANS TO PROVIDE EVERY RESIDENT AND ENTI-
 TY  LOCATED  WITHIN  THE  REGIONAL BROADBAND DISTRICT RELIABLE ACCESS TO
 BROADBAND SERVICES WITH SPEEDS THAT ENSURE EACH RESIDENT AND ENTITY  CAN
 PARTICIPATE  IN  NECESSARY  REMOTE-BASED  SERVICES, INCLUDING BUT NOT BE
 LIMITED TO, EDUCATION, TELEHEALTH AND REMOTE MEETINGS.
   4. REGIONAL BROADBAND DISTRICTS SHALL  REPORT  TO  THE  DEPARTMENT  BY
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE AND ANNUALLY THEREAFTER ON
 THE PRIOR CALENDAR YEAR'S ACTIVITY. SUCH REPORT SHALL INCLUDE, BUT SHALL
 NOT BE LIMITED TO:
   A.  THE  NUMBER  OF HOUSEHOLDS, BUSINESSES, ORGANIZATIONS AND ENTITIES
 SERVED;
   B. THE NUMBER OF HOUSEHOLDS, BUSINESSES,  ORGANIZATIONS  AND  ENTITIES
 UNDERSERVED;
   C.  THE  NUMBER  OF HOUSEHOLDS, BUSINESSES, ORGANIZATIONS AND ENTITIES
 NOT SERVED;
   D. THE SPEED OF BROADBAND SERVICE PROVIDED TO SUCH  HOUSEHOLDS,  BUSI-
 NESSES, ORGANIZATIONS AND ENTITIES;
   E. THE COST TO CONNECT HOUSEHOLDS, BUSINESSES, ORGANIZATIONS AND ENTI-
 TIES TO BROADBAND SERVICE;
   F.  THE  REASON  FOR  ANY  VARIATION IN SUCH COSTS WITHIN THE REGIONAL
 BROADBAND DISTRICT; AND
   G. THE TOTAL COST OF PROVIDING BROADBAND  SERVICE  TO  EACH  BROADBAND
 DISTRICT.
   §  245.  ELIGIBLE  COSTS.  ELIGIBLE  COSTS  OF  ANY REGIONAL BROADBAND
 DISTRICT PLAN SHALL INCLUDE BUT NOT BE LIMITED TO THE COST OF:
   1. CONTRACTING WITH INTERNET SERVICE PROVIDERS TO INSTALL OR STRENGTH-
 EN BROADBAND INFRASTRUCTURE;
   2. TEMPORARY ACCESS PROGRAMS FOR CITIZENS TO BRIDGE EXISTING  GAPS  OF
 BROADBAND ACCESS;
   3. EXPANDING 5G WIRELESS INTO UNDERSERVED AREAS;
   4. INSTALLING FIBER OPTIC OR CABLE BROADBAND INFRASTRUCTURE, INCLUDING
 LAST-MILE LINES, INTO A RESIDENT'S HOME OR INTO BUILDINGS OF ANY PERSON,
 BUSINESS,  ORGANIZATION,  NOT-FOR-PROFIT  ORGANIZATION,  MUNICIPALITY OR
 ENTITY;
   5. ALLOWING FOR FUTURE TECHNOLOGIES TO QUALIFY;
   6. PROVIDING COST-ASSISTANCE TO LOW-INCOME RESIDENTS TO PAY FOR ACCESS
 TO BROADBAND OR WIRELESS SERVICES; AND
   7. ADDITIONAL UNANTICIPATED COSTS DEEMED NECESSARY TO EXPAND BROADBAND
 ACCESS.
   § 4. Subdivision 24-e of section 10 of the highway law is REPEALED.
   § 5. Section 7 of the transportation corporations law is REPEALED.
   § 6. This act shall take effect immediately.