N.Y. Urban Development Corporation Act 174/68 § 16-gg*2: Division of Broadband Access

* § 16-gg. Division of Broadband Access. 1. Statement of Legislative

findings and purpose. The legislature hereby finds and declares that:

access to high-speed, reliable, and affordable broadband is essential

for education, economic growth, and full participation in civic life;

the persistence of the digital divide is a key barrier to improving the

general welfare; the digital divide disproportionately affects

communities of color, lower-income areas, rural areas, and other

vulnerable populations, and the benefits of broadband access should be

available to all; a robust and competitive internet marketplace in New

York supports general economic development and benefits New Yorkers with

improved internet service and affordability; the state has a

responsibility to assist in ending the digital divide, supporting a more

robust and competitive internet marketplace, and carrying out other

actions to ensure universal access to high-speed, reliable, and

affordable broadband.

2. Definitions. The following definitions shall apply throughout this

section unless the context clearly requires otherwise:

(a) "Advisory committee" or "committee" shall mean the broadband

development advisory committee created by this section.

(b) "Broadband", "broadband service", or "broadband internet" means a

mass-market retail service by wire or radio that provides the capability

to transmit data to and receive data from all or substantially all

internet endpoints, including any capabilities that are incidental to

and enable the operation of the communications service, but excluding

dial-up internet access service.

(c) "Commissioner" shall mean the commissioner of economic

development.

(d) "Director" shall mean the director of the division of broadband

access.

(e) "Division" means the division of broadband access created by this

section.

(f) "Unserved location" means a broadband-serviceable location, as

determined by the division, that has no access to broadband service or

lacks access to reliable broadband service at 25 megabits per second for

downloads and 3 megabits per second upload speed.

(g) "Underserved location" means a broadband-serviceable location, as

determined by the division, that only has access to broadband service of

at least 25 megabits per second but less than 100 megabits per second

download speed and at least 3 megabits per second but less than 20

megabits per second upload speed.

(h) Should the division determine that the definitions under

paragraphs (f) and (g) of this subdivision concerning download and

upload speeds be outdated as a result of advancements in broadband

technological capabilities or standards, such download and upload speeds

established under this section shall be superseded by guidelines, rules,

or regulations established by the division; provided that the download

and upload speeds included in the definitions shall not be reduced.

3. Division of broadband access; director; employees. There is hereby

created within the department of economic development a division of

broadband access. The head of such office shall hold the title of

director and be appointed by the commissioner, and shall hold office at

the pleasure of the commissioner.

4. Powers and duties of the division of broadband development. The

division shall have the power to:

(a) Coordinate the activities of all state agencies performing

functions affecting access to high-speed, reliable, and affordable

broadband.

(b) Conduct research and analyses of matters affecting access to

high-speed, reliable, and affordable broadband.

(c) Advise and make recommendations to the commissioner on matters

affecting access to high-speed, reliable, and affordable broadband.

(d) Provide advisory assistance to municipalities, state and local

authorities, and other entities to expand access to high-speed,

reliable, and affordable broadband.

(e) Establish and implement programs, including grant programs, to

expand access to high-speed, reliable, and affordable broadband,

including but not limited to: programs to improve broadband access at

unserved and underserved locations; programs to deploy broadband

infrastructure owned or managed by municipalities, state and local

authorities, entities established pursuant to section 99-y of the

general municipal law, or not-for-profit entities; programs to deploy

innovative broadband technologies and means to improve broadband access;

including in low-income areas; programs to improve digital equity,

digital inclusion, and digital literacy.

(f) Take additional actions the division deems necessary to expand

access to high-speed, reliable, and affordable broadband.

5. Rules and regulations. The commissioner may adopt any necessary

rules, regulations, or guidelines to effectuate the purposes of the

division. Notwithstanding any conflicting provision of this article, the

commissioner may adopt any necessary rules, regulations, or guidelines

for state participation in federal broadband programs consistent with

the requirements set forth under the Infrastructure Investment and Jobs

Act, American Rescue Plan Act, Digital Equity Act, or any other federal

program determined as directly relevant to increasing access to

high-speed, reliable, and affordable broadband by the commissioner.

6. Broadband access advisory committee. (a) There is hereby created in

the division of broadband access a broadband development advisory

committee. The committee shall consist of 16 members, four of which are

to be appointed by the governor, one of which is to be appointed by the

speaker of the assembly, and one of which is to be appointed by the

temporary president of the senate. The commissioners, or designees

thereof, of the department of public service, department of labor,

department of transportation, office of general services, department of

economic development, department of homeland security and emergency

services, division of housing and community renewal, and education

department, the president of the New York power authority, and the

director of the division of the budget shall serve as ex-officio

members. The governor shall designate a chairperson from the members of

the advisory committee, to serve as such at the pleasure of the

governor. In appointing the members of the advisory committee the

governor shall ensure that at least one member is an individual

representing a telecommunications union, at least one member is an

individual with substantial expertise in tribal affairs, and two of the

members are individuals who have substantial expertise in

telecommunications policy, broadband development, grant-making, or

internet regulation, of which one shall have expertise on service

providers with over 100,000 subscribers in New York state and one shall

have expertise on service providers with less than 100,000 subscribers

in New York state.

(b) All members of the advisory committee, other than the ex-officio

members, shall serve for terms of three years, such term shall commence

on the first day the committee is convened. Any vacancies occurring

otherwise than by expiration of term shall be filled in the same manner

as original appointments for the balance of the unexpired term.

(c) The advisory committee shall meet at least twice in each calendar

year. Special meetings may be called by its chairperson and shall be

called by the chairperson at the request of the director of the division

of broadband access.

(d) No member of the advisory committee shall be disqualified from

holding any other public office, nor forfeit any such office by reason

of appointment hereunder, notwithstanding the provisions of any general,

special or local law, ordinance or city charter, provided however that

members appointed by the governor, speaker of the assembly, or temporary

president of the senate shall be considered state officers and subject

to the provisions of paragraph (a) of subdivision 8 of section 73 of the

public officers law.

(e) The members of the advisory committee shall receive no

compensation for their services but shall be allowed their actual and

necessary expenses incurred in the performance of their duties

hereunder.

(f) The committee shall:

(i) advise the director in carrying out the functions, powers and

duties of the division, as set forth in this article.

(ii) advise the director, the governor, and the legislature concerning

policy changes necessary to promote expansion and development of access

to high-speed, reliable, and affordable broadband.

(iii) advise the director, the governor, and the legislature

concerning existing policies of state agencies which may be

counter-productive or inimical to promote expansion and deployment of

high-speed, reliable, and affordable broadband.

(iv) advise the director, the governor, and the legislature concerning

the development of inter-governmental cooperation among agencies of the

federal, state, and local governments and cooperation between private

industry and government so as to promote expansion, deployment and

continued provision of high-speed, reliable, and affordable broadband.

(v) advise the director, the governor, and the legislature on issues

related to fostering consumer choice, increasing competition in the

broadband industry, and promoting open-access infrastructure.

(vi) advise the director, in consultation with the division of

broadband access, on potential guidelines or regulations for

implementation of broadband-related programs.

(vii) advise the director, the governor, and the legislature on

policies related to the deployment of wireless and cellular services,

including deployment of small cell networks for access to 5G services.

(viii) advise the director on policies to reduce regulatory obstacles

and streamline regulations to promote access to high-speed, reliable,

and affordable broadband.

(ix) advise the director on policies to maximize access to high-speed,

reliable, and affordable broadband in affordable housing projects.

(x) advise the director on policies relevant to ensuring that senior

citizens have access to high-speed, reliable, and affordable broadband.

(xi) make periodic recommendations as to updates to the broadband

report required by the Comprehensive Broadband Connectivity Act.

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. Grants issued pursuant to this program shall

facilitate projects that, at a minimum, provide reliable internet

service with consistent speeds of at least 100 megabits per second for

download and at least 20 megabits per second for upload, unless this

requirement is waived for a specific project or 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 government, or a group of any of the above

entities; provided further that an applicant for grant funding under

this section shall demonstrate suitable 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

business; 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.

8. ConnectAll municipal assistance program. The ConnectAll municipal

assistance program is hereby established to provide grant funding to

municipalities, state and local authorities, and entities established

pursuant to section 99-y of the general municipal law to plan and

construct infrastructure necessary to provide broadband services,

support the adoption of broadband services, or other purposes for

maximizing the effectiveness of municipal broadband programs as

determined by the division. For the purposes of broadband

infrastructure, such grants issued pursuant to this program shall

facilitate projects that, at a minimum, provide reliable internet

service with consistent speeds of at least 100 megabits per second for

download and at least 20 megabits per second for upload, unless this

requirement is waived for a specific project or 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 an applicant for grant funding under this section

shall demonstrate suitable 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 proposals 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

business; 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.

9. ConnectAll innovation grant program. The ConnectAll innovation

grant program is hereby established to develop, pilot, and deploy

innovative models and technologies for the delivery of broadband

services. Grants issued pursuant to this program shall: (a) benefit the

development of innovative and new broadband solutions and technologies;

(b) deploy innovative broadband technology to rural, low-income, or

other areas that would be unlikely to otherwise see such deployment; (c)

promote critical private sector investment in such technologies; (d)

provide seed funding for the development of such technologies and

products; or (e) foster collaboration between the academic research

community and the business sector for such purposes. The division shall

establish the procedures to solicit, receive and evaluate proposals for

the program consistent with rules, regulations, or guidelines

established by the commissioner.

10. ConnectAll digital equity grant program. The ConnectAll digital

equity grant program is hereby established to support individuals to

have the information technology capacity needed for full participation

in society and the economy, including the effective implementation of a

State Digital Equity Plan or any successor plan. Grants issued pursuant

to this program shall be awarded in a manner and form as determined by

the division consistent with all relevant federal laws, codes, rules,

and regulations associated with the federal Digital Equity Act as

established under the Infrastructure Investment and Jobs Act. The

division shall establish such State Digital Equity Plan and the

procedures to solicit, receive and evaluate proposals for the program

consistent with rules, regulations, or guidelines established by the

commissioner.

11. Assistance of other agencies. To effectuate the purposes of this

article, the director may request from any department, division, board,

bureau, commission or other agency of the state or from any public

corporation or district, and the same are authorized to provide, such

assistance, services and data as will enable the office properly to

carry out its functions, powers and duties hereunder.

12. New NY Broadband Program; transfer. All the functions and powers

possessed by and all the obligations and duties of the state broadband

program office and the New NY Broadband Program are hereby transferred

and assigned to and assumed by the division.

13. Reporting. The division shall: (a) in a form and manner prescribed

in accordance with the Infrastructure Investment and Jobs Act or

American Rescue Plan Act, make publicly available information relevant

to long term plans for the use of broadband expansion funds, the

mechanisms by which the division will award such funds, the entities

that will receive such funds from the division, progress reports on the

use and disbursement of such funds by the division, and a comprehensive

final report on the activities of the division; and

(b) every six months, beginning twelve months after the first

disbursement to a grant awardee under any program established under this

section, until such a time that all funds associated with all programs

established under this section have been fully expended, submit a report

to the governor, the temporary president of the senate, and the speaker

of the assembly setting forth the activities undertaken by the program.

Such reports shall include, but need not be limited to, the details of

the grants and recipients, locations of the projects, and such other

information as the division deems necessary and appropriate, to the

extent that the production such reporting is not duplicative of federal

reporting requirements associated with broadband expansion in New York

state under the Infrastructure Investment and Jobs Act or American

Rescue Plan Act. Such reports shall be included on the department's

website and any other publicly accessible state database that list

economic development programs as determined by the director.

* NB There are 2 § 16-gg's