S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1714
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by M. of A. RIVERA -- read once and referred to the Committee
   on Real Property Taxation
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03025-01-5
              

 A. 1714                             2
 
   3.  IN ANY CONTRACTING FOR THE CONSTRUCTION, OPERATION, AND MANAGEMENT
 OF A MUNICIPAL FIBER OPTIC  NETWORK,  THE  MUNICIPAL  BROADBAND  COMPANY
 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.