NY State Senate Bill 2023-S5165

Senate Bill S5165

2023-2024 Legislative Session

Provides grant funding, where available, for broadband services in non-competitive locations

download bill text pdf

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to corporations, authorities and commissions
Jun 10, 2023	recommitted to rules
May 22, 2023	ordered to third reading cal.1100 committee discharged and committed to rules
Feb 23, 2023	referred to corporations, authorities and commissions

Votes

- May 22, 2023 - Rules Committee Vote
  S5165
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 22, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

2023-S5165 (ACTIVE) - Details

See Assembly Version of this Bill:: A5000
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §16-gg, UDC Act

2023-S5165 (ACTIVE) - Summary

Provides grant funding, where available, for broadband services in non-competitive locations through the ConnectAll deployment program.

2023-S5165 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5165

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act, in
relation to the provision of grant funding for broadband services in
non-competitive locations

 
PURPOSE:

To improve access to high-speed broadband services in areas of the state
where there is a lack of competition.

 
SUMMARY OF PROVISIONS:

Section 1 amends the New York state urban development corporation act to
add a definition of the term "non-competitive location" in the Connect
All deployment program.

Section 2 amends the New York state urban development corporation act to
address the availability of Connect All program grants for non-competi-

tive locations to the extent appropriations are available.

Section 3 is the effective date.

 
JUSTIFICATION:

According to the NYS Public Service Commision (PSC), there are almost
140,000 locations in NYS that do not have access to high-speed broadband
intemet service. Last year, New York established the $1+Billion Connect
All program to address this problem and to also pursue other state
broadband policy goals (e.g. competition, reliability, affordability).

Lack of broadband competition is a genuine concern in NYS and it has a
direct impact on affordability. The recent PSC Broadband Assessment
Program Report indicates that in two-thirds of New York counties (all
but one located in Upstate NY), a majority of locations have access to
only one high-speed broadband service provider. And, in most of those
counties, over 70% of locations have access to only one high-speed
broadband provider. Further, the PSC Report indicates that, on average,
the counties with fewer intemet service providers have higher broadband
prices (and these counties also happen to be the counties with the
lowest median income).

While maintaining the focus on reaching unserved and underserved
locations, New York can also simultaneously pursue measures to achieve
other important broadband policy goals such as improved access, more
competition, and more affordable pricing. To that end, this legislation
would authorize ConnectAll broadband grants (to the extent that appro-
priations are available) to serve locations where there is only one
provider of high-speed broadband intemet. This is a meaningful consumer
benefit since the addition of a second high-speed broadband service
provider in these locations will enhance competition and result in
greater consumer choice and more affordable pricing.

This legislation takes a practical approach to lack of competition in
the broadband marketplace while simultaneously maintaining an emphasis
on reaching unserved and underserved locations. By doing so, this bill
will allow more New Yorkers to enjoy the benefits of high-speed broad-
band as quickly as possible.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
this act shall take effect immediately.

2023-S5165 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5165
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the New York state urban development corporation act, in
   relation  to  the provision of grant funding for broadband services in
   non-competitive locations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 16-gg of section 1 of chapter 174
 of the laws of 1968, constituting the New York state  urban  development
 corporation act,  as added by section 2 of part MMM of chapter 58 of the
 laws  of  2022,  is  amended  by  adding  a new paragraph (i) to read as
 follows:
   (I) "NON-COMPETITIVE LOCATION" MEANS A BROADBAND-SERVICEABLE LOCATION,
 AS DETERMINED BY THE DIVISION, THAT HAS ACCESS  TO  ONLY  ONE  WIRED  OR
 FIXED  WIRELESS BROADBAND SERVICE PROVIDER THAT OFFERS HIGH-SPEED INTER-
 NET SERVICE, AS SUCH TERM IS DEFINED IN  SECTION  224-C  OF  THE  PUBLIC
 SERVICE LAW.
   § 2. Subdivision 7 of section 16-gg of section 1 of chapter 174 of the
 laws  of  1968, constituting the New York state urban development corpo-
 ration act, as added by section 2 of part MMM of chapter 58 of the  laws
 of 2022, is amended to read as follows:
   7. ConnectAll deployment program. The ConnectAll deployment program is
 hereby  established to provide grant funding to construct infrastructure
 necessary to provide broadband  services  to  unserved  and  underserved
 locations in the state, AND TO THE EXTENT THAT APPROPRIATIONS ARE AVAIL-
 ABLE,  TO NON-COMPETITIVE LOCATIONS IN THE STATE. Grants issued pursuant
 to this program shall facilitate projects that, at  a  minimum,  provide
 reliable  internet  service with consistent speeds of at least 100 mega-
 bits per second for download and at least 20  megabits  per  second  for
 upload,  unless  this  requirement  is  waived for a specific project or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09565-01-3

 S. 5165                             2
 
 location and a different speed level is approved by  the  division,  but
 under  no  circumstances less than 25 megabits per second download and 3
 megabits per second upload; provided further that applicants  for  grant
 funding  under  this  section  may  include  incorporated organizations,
 Native American tribes or tribal organizations, local units  of  govern-
 ment,  or a group of any of the above entities; provided further that an
 applicant for grant funding under this section shall  demonstrate  suit-
 able  fiscal,  technical,  operational,  and  management capabilities as
 determined by the division; provided further that an applicant for grant
 funding under this section shall provide certifications as to compliance
 with relevant safety standards as determined by the division,  including
 the  National Electrical Safety Code; provided further that an applicant
 for grant funding under this section shall provide certifications as  to
 compliance  with  relevant  workplace  protections  as determined by the
 division 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; provided further that an applicant
 for grant funding under this section shall  submit  to  the  division  a
 workforce  plan  in  a  format  determined by the division which, to the
 extent practicable, shall include: (a) information relating  to  whether
 the  construction  workforce will be directly employed or subcontracted;
 (b) the anticipated size of the workforce  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 division shall establish the procedures  to  solicit,
 receive and evaluate applications for the program consistent with rules,
 regulations,  or  guidelines  established  by the commissioner; provided
 that preference shall be given to applications that: (a) are capable  of
 delivering  speeds  of  1  gigabit per second download and 1 gigabit per
 second upload to the end user;  (b)  provide  service  to  locations  in
 unserved  areas  as determined by the division; (c) commit not to impose
 caps on data usage on the service provided to the end-user or to  block,
 throttle,  or prioritize internet content in the general course of busi-
 ness; and (d) have and commit to maintaining high standards of workplace
 safety practices, training, certification or licensure for all  relevant
 workers, and compliance with state and federal workplace protections.
   § 3. This act shall take effect immediately.

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