S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9964--A
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced by M. of A. RIVERA -- read once and referred to the Committee
   on  Real  Property  Taxation  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the real property tax law, in relation to  providing  an
   exemption  against certain fiber optic cable assessments for municipal
   fiber optic broadband companies in Erie county; and providing for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 431 to read as follows:
   §  431. FIBER OPTIC CABLE IN ERIE COUNTY. 1.  FOR THE PURPOSES OF THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MUNICIPAL FIBER OPTIC  BROADBAND  COMPANY"  SHALL  MEAN  A  LOCAL
 AUTHORITY  AS  DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW OR A
 MUNICIPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL
 LAW ENGAGED IN THE CONSTRUCTION, OPERATION, MARKETING AND SALE OF  FIBER
 OPTIC BROADBAND INFRASTRUCTURE AND SERVICES AND LOCATED IN ERIE COUNTY.
   (B)  "MUNICIPAL  FIBER OPTIC NETWORK" SHALL MEAN MUNICIPAL FIBER OPTIC
 CABLE AND INFRASTRUCTURE OWNED BY  A  MUNICIPAL  FIBER  OPTIC  BROADBAND
 COMPANY.
   (C)  "MUNICIPAL FIBER OPTIC CABLE AND INFRASTRUCTURE" SHALL MEAN FIBER
 OPTIC CABLE AND RELATED EQUIPMENT WHICH IS OWNED  AND  INSTALLED  BY  OR
 CAUSED  TO  BE INSTALLED BY A MUNICIPAL FIBER OPTIC BROADBAND COMPANY TO
 TRANSMIT, OR FACILITATE THE TRANSMISSION, OF  BROADBAND  DATA,  APPLICA-
 TIONS, AND SERVICES TO END USERS LOCATED IN ERIE COUNTY.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ALL
 MUNICIPAL FIBER OPTIC NETWORKS  AND  MUNICIPAL  FIBER  OPTIC  CABLE  AND
 INFRASTRUCTURE  OWNED  BY  A  MUNICIPAL  FIBER  OPTIC BROADBAND COMPANY,
 WHETHER LOCATED ON PUBLIC OR PRIVATE PROPERTY,  AND  INSTALLED  FOR  THE
 PURPOSE  OF  DISTRIBUTING  BROADBAND  TECHNOLOGY  AND SERVICES, SHALL BE
 EXEMPT FROM REAL PROPERTY TAXES, LEVIES AND ASSESSMENTS.
   3. IN ANY CONTRACTING FOR THE CONSTRUCTION, OPERATION, AND  MANAGEMENT
 OF  A  MUNICIPAL  FIBER  OPTIC  NETWORK, THE MUNICIPAL BROADBAND COMPANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15076-03-4
 A. 9964--A                          2
 
 SHALL PRIORITIZE APPLICANTS THAT HAVE AND  COMMIT  TO  MAINTAINING  HIGH
 STANDARDS  OF  WORKPLACE  SAFETY  PRACTICES,  TRAINING, CERTIFICATION OR
 LICENSURE FOR ALL RELEVANT WORKERS, AND COMPLIANCE WITH STATE AND FEDER-
 AL  WORKPLACE  PROTECTIONS;  ENSURE THAT PERSONS, COMPANIES, OR ENTITIES
 SEEKING TO CONTRACT WITH THE  MUNICIPAL  BROADBAND  COMPANY  DEMONSTRATE
 SUITABLE  FISCAL,  TECHNICAL,  OPERATIONAL, AND MANAGEMENT CAPABILITIES;
 ENSURE THAT APPLICANTS FOR FUNDING PROVIDE CERTIFICATIONS AS TO  COMPLI-
 ANCE  WITH  RELEVANT SAFETY STANDARDS, INCLUDING THE NATIONAL ELECTRICAL
 SAFETY CODE; ENSURE THAT APPLICANTS FOR FUNDING  PROVIDE  CERTIFICATIONS
 AS  TO  COMPLIANCE  WITH RELEVANT WORKPLACE PROTECTIONS AS DETERMINED BY
 THE DEPARTMENT OF LABOR INCLUDING THE  OCCUPATIONAL  SAFETY  AND  HEALTH
 ACT,  THE FAIR LABOR STANDARDS ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF
 1964, AND NEW YORK STATE LABOR AND EMPLOYMENT LAWS; ENSURE  THAT  APPLI-
 CANTS  FOR FUNDING SUBMIT TO THE MUNICIPAL BROADBAND COMPANY A WORKFORCE
 PLAN  WHICH  SHALL  INCLUDE:  (A)  INFORMATION  REGARDING  WHETHER   THE
 CONSTRUCTION  WORKFORCE  WILL  BE DIRECTLY EMPLOYED OR SUBCONTRACTED AND
 WHAT ENTITY EMPLOYS THE WORKFORCE; (B) THE ANTICIPATED SIZE OF THE WORK-
 FORCE REQUIRED TO CARRY OUT THE PROPOSED  WORK;  (C)  A  DESCRIPTION  OF
 PLANS  TO  MAXIMIZE  USE  OF  LOCAL  OR  REGIONAL  WORKFORCE;  AND (D) A
 DESCRIPTION OF THE EXPECTED WORKFORCE SAFETY STANDARDS AND  TRAINING  TO
 ENSURE THE PROJECT IS COMPLETED AT A HIGH STANDARD. THE MUNICIPAL BROAD-
 BAND COMPANY SHALL PUBLISH WORKFORCE PLANS PUBLICLY ON ITS WEBSITE.
   4.  MUNICIPAL FIBER OPTIC NETWORKS SHALL BE SUBJECT TO PREVAILING WAGE
 REQUIREMENTS IN ACCORDANCE WITH ARTICLE EIGHT OF THE LABOR LAW.
   5. THE COMMISSIONER IS HEREBY AUTHORIZED AND  DIRECTED  TO  PROMULGATE
 RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  2  years after such date and shall apply to assessment
 rolls prepared on the basis of taxable  status  dates  occurring  on  or
 after such date.