Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires the Public Service Commission to review state broadband and fiber optic services.

Highlights:

• Appropriates funds for grants in aid equal to the positive difference, if any, of the base ARPA allocation less than 90% of the funds from the elementary and secondary school emergency relief fund made available to school districts according to the American Rescue Plan Act, but not less than $700,000, and not more than $10,000,000 or 10% of the total expenditures from the district's general fund for the 2021-2022 school year, whichever is less (Sec. § 11-b-17).

• Establishes transportation expenses incurred by a municipality for operating and maintenance costs according to this law during the period between the issuance of executive order 202.4 on March 16th, 2020, and the issuance of executive order 202.28 on May 7th, 2020 will be reimbursable and considered approved costs following the provisions of this law and the regulations of the commissioner (Sec. § 22-a.-8).

• Requires the commission to study the availability, reliability, and cost of high-speed internet and broadband services in New York state. The commission will, to the extent practicable (Sec. 1-2):

• Identify areas at a census block level that are served by a sole provider and assess any state regulatory and statutory barriers related to the delivery of comprehensive statewide access to high-speed internet;

• Review available technology to identify solutions that best support high-speed internet service in underserved or unserved areas, and make recommendations on ensuring deployment of such technology in underserved and unserved areas;

• Identify instances during the study period where local governments have notified the commission of alleged non-compliance with franchise agreements and instances of commission or department enforcement actions that have had a direct impact on internet access;

• Identify locations where insufficient access to high-speed internet and/or broadband service, and/or persistent digital divide, is causing a negative social or economic impact on the community; and

• Produce and publish on its website, a detailed internet access map of the state, indicating access to internet service by location.

• Requires broadband service for low-income consumers to be provided at a cost of no more than $15 per month, inclusive of any recurring taxes and fees such as recurring rental fees for service provider equipment required to obtain broadband service and usage fees (Sec. 1-3).

• Requires every person, business, corporation, or agent providing or seeking to provide wireline, fixed wireless, or satellite broadband service in New York state to, no later than 60 days after the effective date of this law, offer high-speed broadband service to low-income consumers whose household (Sec. 1-2):

• Is eligible for free or reduced-price lunch through the National School Lunch Program;

• Is eligible for, or receiving the supplemental nutrition assistance program benefits; 

• Is eligible for, or receiving Medicaid benefits;

• Is eligible for, or enrolled in senior citizen rent increase exemption;

• Is eligible for, or enrolled in disability rent increase exemption; or

• Is a recipient of an affordability benefit from a utility.

• Requires the Department of Public Service to, within 2 years of the effective date of this law and at least every 5 years thereafter, undertake a proceeding to determine if the minimum broadband download speed in this section should be increased to the federal communications commission's benchmark broadband download speed, or another minimum broadband download speed if the federal communications commission has not increased its benchmark by such date. The department of public service will also (Sec. 1-9):

• Undertake appropriate measures to inform the public about available broadband products, including retail rate product offerings and low-income offerings; and

• Periodically, but no less than once every 5 years, review eligibility requirements for the low-income service required under this law, and update such requirements as may be necessary to meet the needs of consumers.

• Specifies if, before the effective date of the chapter of the laws of 2021 that amended this law, a social services official accepted a deed of real property and/or a mortgage on behalf of the social services district for the assistance of a person at public expense, such social services official will not assert any claim under any provision of this law to recover (Sec. 1-1):

• Supplemental Nutrition Assistance Program (SNAP); 

• Child care services;

• Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP); and

• Other forms of public assistance.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires the Public Service Commission to review state broadband and fiber optic services.

Highlights:

• Appropriates funds for grants in aid equal to the positive difference, if any, of the base ARPA allocation less than 90% of the funds from the elementary and secondary school emergency relief fund made available to school districts according to the American Rescue Plan Act, but not less than $700,000, and not more than $10,000,000 or 10% of the total expenditures from the district's general fund for the 2021-2022 school year, whichever is less (Sec. § 11-b-17).

• Establishes transportation expenses incurred by a municipality for operating and maintenance costs according to this law during the period between the issuance of executive order 202.4 on March 16th, 2020, and the issuance of executive order 202.28 on May 7th, 2020 will be reimbursable and considered approved costs following the provisions of this law and the regulations of the commissioner (Sec. § 22-a.-8).

• Requires the commission to study the availability, reliability, and cost of high-speed internet and broadband services in New York state. The commission will, to the extent practicable (Sec. 1-2):

• Identify areas at a census block level that are served by a sole provider and assess any state regulatory and statutory barriers related to the delivery of comprehensive statewide access to high-speed internet;

• Review available technology to identify solutions that best support high-speed internet service in underserved or unserved areas, and make recommendations on ensuring deployment of such technology in underserved and unserved areas;

• Identify instances during the study period where local governments have notified the commission of alleged non-compliance with franchise agreements and instances of commission or department enforcement actions that have had a direct impact on internet access;

• Identify locations where insufficient access to high-speed internet and/or broadband service, and/or persistent digital divide, is causing a negative social or economic impact on the community; and

• Produce and publish on its website, a detailed internet access map of the state, indicating access to internet service by location.

• Requires broadband service for low-income consumers to be provided at a cost of no more than $15 per month, inclusive of any recurring taxes and fees such as recurring rental fees for service provider equipment required to obtain broadband service and usage fees (Sec. 1-3).

• Requires every person, business, corporation, or agent providing or seeking to provide wireline, fixed wireless, or satellite broadband service in New York state to, no later than 60 days after the effective date of this law, offer high-speed broadband service to low-income consumers whose household (Sec. 1-2):

• Is eligible for free or reduced-price lunch through the National School Lunch Program;

• Is eligible for, or receiving the supplemental nutrition assistance program benefits; 

• Is eligible for, or receiving Medicaid benefits;

• Is eligible for, or enrolled in senior citizen rent increase exemption;

• Is eligible for, or enrolled in disability rent increase exemption; or

• Is a recipient of an affordability benefit from a utility.

• Requires the Department of Public Service to, within 2 years of the effective date of this law and at least every 5 years thereafter, undertake a proceeding to determine if the minimum broadband download speed in this section should be increased to the federal communications commission's benchmark broadband download speed, or another minimum broadband download speed if the federal communications commission has not increased its benchmark by such date. The department of public service will also (Sec. 1-9):

• Undertake appropriate measures to inform the public about available broadband products, including retail rate product offerings and low-income offerings; and

• Periodically, but no less than once every 5 years, review eligibility requirements for the low-income service required under this law, and update such requirements as may be necessary to meet the needs of consumers.

• Specifies if, before the effective date of the chapter of the laws of 2021 that amended this law, a social services official accepted a deed of real property and/or a mortgage on behalf of the social services district for the assistance of a person at public expense, such social services official will not assert any claim under any provision of this law to recover (Sec. 1-1):

• Supplemental Nutrition Assistance Program (SNAP); 

• Child care services;

• Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP); and

• Other forms of public assistance.

Full Bill Text