BILL NUMBER: S6998

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the highway law, in relation to the department of trans-
portation not requiring surveying in certain situations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to limit the Department of Transportation's
ability to require surveying in certain situations.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would specify that surveys undertaken by the
Department of Transportation, as part of an agreement with any fiber
optic utility, are not required when utilizing State right of ways for
existing infrastructure, including but not limited to aerial pole
attachments and underground conduits.

Section 2 of this bill provides that the effective date shall take
              

effect immediately.

 
JUSTIFICATION:

Access to internet service became absolutely essential during the height
of the COVID-19 pandemic to facilitate the ability for individuals to
work remotely, attend school remotely, and connect with others. However,
the COVID-19 pandemic also exposed the true extent of the digital divide
in the State, which has shown the need to rapidly deploy access to
broadband and fiberoptic utilities.

Several actions taken by the State since 2019 have caused a significant
backlog and slowing of the ability to deploy accessible internet
throughout the State. Specifically, in 2020, the Department of Transpor-
tation added a new requirement as part of the expanded consolidated
application for the deployment of fiber optic utilities.  This new
requirement stipulated that surveys were to be conducted on the State's
own right of way, which has added significant expense and time to the
deployment process. This bill would streamline this process to not
require a survey when the proposed deployment will utilize an existing
pole attachment or conduit that exists in the State's right of way;
thereby facilitating a more rapid deployment.

 
LEGISLATIVE HISTORY:

2021-22: S.8472-B (Mannion)- Passed Senate.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.