S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9894
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the highway law and the transportation corporations law,
   in  relation to the department of transportation not requiring survey-
   ing in certain situations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  10 of the highway law is amended by adding a new
 subdivision 24-f to read as follows:
   24-F. THE COMMISSIONER SHALL NOT REQUIRE A SURVEY AS PART OF AN AGREE-
 MENT WITH ANY FIBER OPTIC UTILITY FOR USE AND OCCUPANCY OF A STATE RIGHT
 OF WAY FOR THE PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING,
 OPERATING, OR MAINTAINING FIBER OPTIC FACILITIES AS PART OF THE  DEPART-
 MENT'S  CONSOLIDATED  APPLICATION,  WHEN  SUCH  USE AND OCCUPANCY OF THE
 STATE RIGHT OF WAY IS UTILIZING EXISTING INFRASTRUCTURE,  INCLUDING  BUT
 NOT LIMITED TO AERIAL POLE ATTACHMENTS AND UNDERGROUND CONDUITS.
   §  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. (A) The commissioner of transportation is  hereby  author-
 ized 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, relocating, repairing, operating, or maintaining fiber  optic
 facilities.  Such  agreement  may 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14856-02-2
 A. 9894                             2
 
 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.
   (B)  AN  AGREEMENT  GRANTED UNDER THIS SECTION FOR FIBER OPTIC UTILITY
 USE AND OCCUPANCY OF A STATE RIGHT OF WAY SHALL NOT REQUIRE A SURVEY FOR
 THE PURPOSES OF INSTALLING, MODIFYING, RELOCATING, REPAIRING, OPERATING,
 OR MAINTAINING FIBER OPTIC FACILITIES  AS  PART  OF  THE  DEPARTMENT  OF
 TRANSPORTATION'S  CONSOLIDATED  APPLICATION, WHEN SUCH USE AND OCCUPANCY
 OF THE STATE RIGHT OF WAY IS UTILIZING EXISTING INFRASTRUCTURE,  INCLUD-
 ING BUT NOT LIMITED TO AERIAL POLE ATTACHMENTS AND UNDERGROUND CONDUITS.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 7 of the transportation corporations law  made
 by  section  two of this act shall not affect the repeal of such section
 and shall be deemed to repeal therewith.