S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10476
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Bichotte Hermelyn) -- read once and referred to the Committee on  Ways
   and Means
 
 AN  ACT  to  amend  the state finance law, in relation to establishing a
   revolving fund for the establishment  of  municipal  internet  service
   providers; and making an appropriation therefor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-m to read as follows:
   §  99-M.  MUNICIPAL INTERNET SERVICE PROVIDER REVOLVING LOAN FUND.  1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER  AND
 THE  PUBLIC  SERVICE  COMMISSION  A  FUND  TO BE KNOWN AS THE "MUNICIPAL
 INTERNET SERVICE PROVIDER REVOLVING LOAN FUND". SUCH FUND SHALL  CONSIST
 OF MONEYS MADE AVAILABLE PURSUANT TO APPROPRIATION AND ANY OTHER SOURCES
 IN  ORDER  TO  PROVIDE  SUPPORT  FOR MUNICIPALITIES ATTEMPTING TO CREATE
 THEIR OWN INTERNET SERVICE PROVIDER.
   2. THE ACCOUNT SHALL  CONSIST  OF  ALL  MONEYS  APPROPRIATED  FOR  ITS
 PURPOSE, ALL MONEYS TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW, AND ALL
 MONEYS  REQUIRED  BY  THIS  SECTION  OR ANY OTHER LAW TO BE PAID INTO OR
 CREDITED TO THIS ACCOUNT, INCLUDING ALL MONEYS RECEIVED BY  THE  ACCOUNT
 OR  DONATED TO IT, PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM
 THE ACCOUNT, AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM THE INVEST-
 MENT OR REINVESTMENT OF MONEYS FROM THE ACCOUNT.
   3. MONEYS OF THE ACCOUNT, WHEN ALLOCATED, SHALL BE  AVAILABLE  TO  THE
 PUBLIC  SERVICE COMMISSION TO MAKE LOANS AS PROVIDED IN THIS SECTION. UP
 TO FIVE PERCENT OF THE MONEYS OF THE ACCOUNT OR TWO HUNDRED FIFTY  THOU-
 SAND  DOLLARS,  WHICHEVER  IS  LESS,  MAY  BE  USED TO PAY THE EXPENSES,
 INCLUDING PERSONAL SERVICE AND MAINTENANCE AND OPERATION, IN  CONNECTION
 WITH THE ADMINISTRATION OF SUCH LOANS.
   4.  (A)  THE PUBLIC SERVICE COMMISSION MAY MAKE, UPON APPLICATION DULY
 MADE, UP TO THE AMOUNTS AVAILABLE BY APPROPRIATION, LOANS  FOR  ANY  AND
 ALL  COSTS ASSOCIATED WITH THE CREATION OF A MUNICIPALLY OWNED BROADBAND
 INTERNET SERVICE PROVIDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15753-01-4
 A. 10476                            2
 
   (B) THE PUBLIC SERVICE COMMISSION SHALL HAVE THE POWER  TO  MAKE  SUCH
 RULES  AND  REGULATIONS AS MAY BE NECESSARY AND PROPER TO EFFECTUATE THE
 PURPOSES OF THIS SECTION.
   5.  (A)  APPLICATION FOR LOANS MAY BE MADE BY A TOWN, VILLAGE, CITY OR
 COUNTY PROVIDED THAT THE APPLICATION IS OTHERWISE  CONSISTENT  WITH  ITS
 RESPECTIVE POWERS.  APPLICATIONS MAY ALSO BE SUBMITTED JOINTLY BY MULTI-
 PLE  APPLICANTS  PROVIDED  THAT  THE APPLICATION IS OTHERWISE CONSISTENT
 WITH EACH APPLICANT'S RESPECTIVE POWERS.
   (B) EVERY APPLICATION SHALL BE IN A  FORM  ACCEPTABLE  TO  THE  PUBLIC
 SERVICE  COMMISSION.  EVERY  APPLICATION  SHALL  ACCURATELY  REFLECT THE
 CONDITIONS WHICH GIVE RISE TO THE PROPOSED  EXPENDITURE  AND  ACCURATELY
 REFLECT THE ABILITY OF THE APPLICANT TO MAKE SUCH AN EXPENDITURE WITHOUT
 THE PROCEEDS OF A LOAN UNDER THIS SECTION.
   (C)  (I)  THE PUBLIC SERVICE COMMISSION SHALL GIVE PREFERENCE TO THOSE
 APPLICATIONS WHICH DEMONSTRATE THE GREATEST  NEED,  JOINT  APPLICATIONS,
 AND  TO  THOSE APPLICATIONS THE PROCEEDS OF WHICH WILL BE APPLIED TOWARD
 ATTAINING COMPLIANCE WITH FEDERAL AND STATE LAWS AND MAY DISAPPROVE  ANY
 APPLICATION  WHICH  CONTAINS  NO ADEQUATE DEMONSTRATION OF NEED OR WHICH
 WOULD RESULT IN INEQUITABLE OR INEFFICIENT USE  OF  THE  MONEYS  IN  THE
 ACCOUNT.
   (II) IN MAKING DETERMINATIONS ON LOAN APPLICATIONS, THE PUBLIC SERVICE
 COMMISSION  SHALL ASSURE THAT LOAN FUND MONEYS ARE EQUITABLY DISTRIBUTED
 AMONG ALL GEOGRAPHICAL AREAS OF THE STATE.
   (D) THE PUBLIC SERVICE COMMISSION SHALL, TO THE MAXIMUM EXTENT  FEASI-
 BLE,  AND  CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, SEEK TO
 PROVIDE THAT LOANS AUTHORIZED BY THIS  SECTION  REFLECT  AN  APPROPRIATE
 GEOGRAPHIC   DISTRIBUTION,   ARE  DISTRIBUTED  EQUITABLY  AND  ENCOURAGE
 REGIONAL COOPERATION.
   § 2. The sum of two hundred fifty million dollars  ($250,000,000),  or
 so  much  thereof  as  may be necessary, is hereby appropriated from any
 moneys in the state treasury in the general fund to the  credit  of  the
 state purposes account for the initial capital of the municipal internet
 service  provider  revolving loan fund in carrying out the provisions of
 this act. Such sum shall be payable on the  audit  and  warrant  of  the
 state  comptroller  on  vouchers  certified  or  approved  in the manner
 provided by law. No expenditure shall be made  from  this  appropriation
 until  a  certificate of approval of availability shall have been issued
 by the director of the budget and filed with the state comptroller and a
 copy filed with the chair of the senate finance committee and the  chair
 of  the  assembly  ways  and  means  committee.  Such certificate may be
 amended from time to time by the director of the budget and  a  copy  of
 each such amendment shall be filed with the state comptroller, the chair
 of  the  senate finance committee and the chair of the assembly ways and
 means committee.
   § 3. This act shall take effect immediately.