§ 16-GG*2 — Division of Broadband Access

* § 16-gg. Division of Broadband Access. 1. Statement of Legislative\nfindings and purpose. The legislature hereby finds and declares that:\naccess to high-speed, reliable, and affordable broadband is essential\nfor education, economic growth, and full participation in civic life;\nthe persistence of the digital divide is a key barrier to improving the\ngeneral welfare; the digital divide disproportionately affects\ncommunities of color, lower-income areas, rural areas, and other\nvulnerable populations, and the benefits of broadband access should be\navailable to all; a robust and competitive internet marketplace in New\nYork supports general economic development and benefits New Yorkers with\nimproved internet service and affordability; the state has a\nresponsibility to assist in ending the digital divide, supporting a more\nrobust and competitive internet marketplace, and carrying out other\nactions to ensure universal access to high-speed, reliable, and\naffordable broadband.\n 2. Definitions. The following definitions shall apply throughout this\nsection unless the context clearly requires otherwise:\n (a) "Advisory committee" or "committee" shall mean the broadband\ndevelopment advisory committee created by this section.\n (b) "Broadband", "broadband service", or "broadband internet" means a\nmass-market retail service by wire or radio that provides the capability\nto transmit data to and receive data from all or substantially all\ninternet endpoints, including any capabilities that are incidental to\nand enable the operation of the communications service, but excluding\ndial-up internet access service.\n (c) "Commissioner" shall mean the commissioner of economic\ndevelopment.\n (d) "Director" shall mean the director of the division of broadband\naccess.\n (e) "Division" means the division of broadband access created by this\nsection.\n (f) "Unserved location" means a broadband-serviceable location, as\ndetermined by the division, that has no access to broadband service or\nlacks access to reliable broadband service at 25 megabits per second for\ndownloads and 3 megabits per second upload speed.\n (g) "Underserved location" means a broadband-serviceable location, as\ndetermined by the division, that only has access to broadband service of\nat least 25 megabits per second but less than 100 megabits per second\ndownload speed and at least 3 megabits per second but less than 20\nmegabits per second upload speed.\n (h) Should the division determine that the definitions under\nparagraphs (f) and (g) of this subdivision concerning download and\nupload speeds be outdated as a result of advancements in broadband\ntechnological capabilities or standards, such download and upload speeds\nestablished under this section shall be superseded by guidelines, rules,\nor regulations established by the division; provided that the download\nand upload speeds included in the definitions shall not be reduced.\n 3. Division of broadband access; director; employees. There is hereby\ncreated within the department of economic development a division of\nbroadband access. The head of such office shall hold the title of\ndirector and be appointed by the commissioner, and shall hold office at\nthe pleasure of the commissioner.\n 4. Powers and duties of the division of broadband development. The\ndivision shall have the power to:\n (a) Coordinate the activities of all state agencies performing\nfunctions affecting access to high-speed, reliable, and affordable\nbroadband.\n (b) Conduct research and analyses of matters affecting access to\nhigh-speed, reliable, and affordable broadband.\n (c) Advise and make recommendations to the commissioner on matters\naffecting access to high-speed, reliable, and affordable broadband.\n (d) Provide advisory assistance to municipalities, state and local\nauthorities, and other entities to expand access to high-speed,\nreliable, and affordable broadband.\n (e) Establish and implement programs, including grant programs, to\nexpand access to high-speed, reliable, and affordable broadband,\nincluding but not limited to: programs to improve broadband access at\nunserved and underserved locations; programs to deploy broadband\ninfrastructure owned or managed by municipalities, state and local\nauthorities, entities established pursuant to section 99-y of the\ngeneral municipal law, or not-for-profit entities; programs to deploy\ninnovative broadband technologies and means to improve broadband access;\nincluding in low-income areas; programs to improve digital equity,\ndigital inclusion, and digital literacy.\n (f) Take additional actions the division deems necessary to expand\naccess to high-speed, reliable, and affordable broadband.\n 5. Rules and regulations. The commissioner may adopt any necessary\nrules, regulations, or guidelines to effectuate the purposes of the\ndivision. Notwithstanding any conflicting provision of this article, the\ncommissioner may adopt any necessary rules, regulations, or guidelines\nfor state participation in federal broadband programs consistent with\nthe requirements set forth under the Infrastructure Investment and Jobs\nAct, American Rescue Plan Act, Digital Equity Act, or any other federal\nprogram determined as directly relevant to increasing access to\nhigh-speed, reliable, and affordable broadband by the commissioner.\n 6. Broadband access advisory committee. (a) There is hereby created in\nthe division of broadband access a broadband development advisory\ncommittee. The committee shall consist of 16 members, four of which are\nto be appointed by the governor, one of which is to be appointed by the\nspeaker of the assembly, and one of which is to be appointed by the\ntemporary president of the senate. The commissioners, or designees\nthereof, of the department of public service, department of labor,\ndepartment of transportation, office of general services, department of\neconomic development, department of homeland security and emergency\nservices, division of housing and community renewal, and education\ndepartment, the president of the New York power authority, and the\ndirector of the division of the budget shall serve as ex-officio\nmembers. The governor shall designate a chairperson from the members of\nthe advisory committee, to serve as such at the pleasure of the\ngovernor. In appointing the members of the advisory committee the\ngovernor shall ensure that at least one member is an individual\nrepresenting a telecommunications union, at least one member is an\nindividual with substantial expertise in tribal affairs, and two of the\nmembers are individuals who have substantial expertise in\ntelecommunications policy, broadband development, grant-making, or\ninternet regulation, of which one shall have expertise on service\nproviders with over 100,000 subscribers in New York state and one shall\nhave expertise on service providers with less than 100,000 subscribers\nin New York state.\n (b) All members of the advisory committee, other than the ex-officio\nmembers, shall serve for terms of three years, such term shall commence\non the first day the committee is convened. Any vacancies occurring\notherwise than by expiration of term shall be filled in the same manner\nas original appointments for the balance of the unexpired term.\n (c) The advisory committee shall meet at least twice in each calendar\nyear. Special meetings may be called by its chairperson and shall be\ncalled by the chairperson at the request of the director of the division\nof broadband access.\n (d) No member of the advisory committee shall be disqualified from\nholding any other public office, nor forfeit any such office by reason\nof appointment hereunder, notwithstanding the provisions of any general,\nspecial or local law, ordinance or city charter, provided however that\nmembers appointed by the governor, speaker of the assembly, or temporary\npresident of the senate shall be considered state officers and subject\nto the provisions of paragraph (a) of subdivision 8 of section 73 of the\npublic officers law.\n (e) The members of the advisory committee shall receive no\ncompensation for their services but shall be allowed their actual and\nnecessary expenses incurred in the performance of their duties\nhereunder.\n (f) The committee shall:\n (i) advise the director in carrying out the functions, powers and\nduties of the division, as set forth in this article.\n (ii) advise the director, the governor, and the legislature concerning\npolicy changes necessary to promote expansion and development of access\nto high-speed, reliable, and affordable broadband.\n (iii) advise the director, the governor, and the legislature\nconcerning existing policies of state agencies which may be\ncounter-productive or inimical to promote expansion and deployment of\nhigh-speed, reliable, and affordable broadband.\n (iv) advise the director, the governor, and the legislature concerning\nthe development of inter-governmental cooperation among agencies of the\nfederal, state, and local governments and cooperation between private\nindustry and government so as to promote expansion, deployment and\ncontinued provision of high-speed, reliable, and affordable broadband.\n (v) advise the director, the governor, and the legislature on issues\nrelated to fostering consumer choice, increasing competition in the\nbroadband industry, and promoting open-access infrastructure.\n (vi) advise the director, in consultation with the division of\nbroadband access, on potential guidelines or regulations for\nimplementation of broadband-related programs.\n (vii) advise the director, the governor, and the legislature on\npolicies related to the deployment of wireless and cellular services,\nincluding deployment of small cell networks for access to 5G services.\n (viii) advise the director on policies to reduce regulatory obstacles\nand streamline regulations to promote access to high-speed, reliable,\nand affordable broadband.\n (ix) advise the director on policies to maximize access to high-speed,\nreliable, and affordable broadband in affordable housing projects.\n (x) advise the director on policies relevant to ensuring that senior\ncitizens have access to high-speed, reliable, and affordable broadband.\n (xi) make periodic recommendations as to updates to the broadband\nreport required by the Comprehensive Broadband Connectivity Act.\n 7. ConnectAll deployment program. The ConnectAll deployment program is\nhereby established to provide grant funding to construct infrastructure\nnecessary to provide broadband services to unserved and underserved\nlocations in the state. Grants issued pursuant to this program shall\nfacilitate projects that, at a minimum, provide reliable internet\nservice with consistent speeds of at least 100 megabits per second for\ndownload and at least 20 megabits per second for upload, unless this\nrequirement is waived for a specific project or location and a different\nspeed level is approved by the division, but under no circumstances less\nthan 25 megabits per second download and 3 megabits per second upload;\nprovided further that applicants for grant funding under this section\nmay include incorporated organizations, Native American tribes or tribal\norganizations, local units of government, or a group of any of the above\nentities; provided further that an applicant for grant funding under\nthis section shall demonstrate suitable fiscal, technical, operational,\nand management capabilities as determined by the division; provided\nfurther that an applicant for grant funding under this section shall\nprovide certifications as to compliance with relevant safety standards\nas determined by the division, including the National Electrical Safety\nCode; provided further that an applicant for grant funding under this\nsection shall provide certifications as to compliance with relevant\nworkplace protections as determined by the division including the\nOccupational Safety and Health Act, the Fair Labor Standards Act, Title\nVII of the Civil Rights Act of 1964, and New York State labor and\nemployment laws; provided further that an applicant for grant funding\nunder this section shall submit to the division a workforce plan in a\nformat determined by the division which, to the extent practicable,\nshall include: (a) information relating to whether the construction\nworkforce will be directly employed or subcontracted; (b) the\nanticipated size of the workforce required to carry out the proposed\nwork; (c) a description of plans to maximize use of local or regional\nworkforce; and (d) a description of the expected workforce safety\nstandards and training to ensure the project is completed at a high\nstandard. The division shall establish the procedures to solicit,\nreceive and evaluate applications for the program consistent with rules,\nregulations, or guidelines established by the commissioner; provided\nthat preference shall be given to applications that: (a) are capable of\ndelivering speeds of 1 gigabit per second download and 1 gigabit per\nsecond upload to the end user; (b) provide service to locations in\nunserved areas as determined by the division; (c) commit not to impose\ncaps on data usage on the service provided to the end-user or to block,\nthrottle, or prioritize internet content in the general course of\nbusiness; and (d) have and commit to maintaining high standards of\nworkplace safety practices, training, certification or licensure for all\nrelevant workers, and compliance with state and federal workplace\nprotections.\n 8. ConnectAll municipal assistance program. The ConnectAll municipal\nassistance program is hereby established to provide grant funding to\nmunicipalities, state and local authorities, and entities established\npursuant to section 99-y of the general municipal law to plan and\nconstruct infrastructure necessary to provide broadband services,\nsupport the adoption of broadband services, or other purposes for\nmaximizing the effectiveness of municipal broadband programs as\ndetermined by the division. For the purposes of broadband\ninfrastructure, such grants issued pursuant to this program shall\nfacilitate projects that, at a minimum, provide reliable internet\nservice with consistent speeds of at least 100 megabits per second for\ndownload and at least 20 megabits per second for upload, unless this\nrequirement is waived for a specific project or location and a different\nspeed level is approved by the division, but under no circumstances less\nthan 25 megabits per second download and 3 megabits per second upload;\nprovided further that an applicant for grant funding under this section\nshall demonstrate suitable fiscal, technical, operational, and\nmanagement capabilities as determined by the division; provided further\nthat an applicant for grant funding under this section shall provide\ncertifications as to compliance with relevant safety standards as\ndetermined by the division, including the National Electrical Safety\nCode; provided further that an applicant for grant funding under this\nsection shall provide certifications as to compliance with relevant\nworkplace protections as determined by the division including the\nOccupational Safety and Health Act, the Fair Labor Standards Act, Title\nVII of the Civil Rights Act of 1964, and New York state labor and\nemployment laws; provided further that an applicant for grant funding\nunder this section shall submit to the division a workforce plan in a\nformat determined by the division which, to the extent practicable,\nshall include: (a) information relating to whether the construction\nworkforce will be directly employed or subcontracted; (b) the\nanticipated size of the workforce required to carry out the proposed\nwork; (c) a description of plans to maximize use of local or regional\nworkforce; and (d) a description of the expected workforce safety\nstandards and training to ensure the project is completed at a high\nstandard. The division shall establish the procedures to solicit,\nreceive and evaluate proposals for the program consistent with, rules,\nregulations, or guidelines established by the commissioner; provided\nthat preference shall be given to applications that: (a) are capable of\ndelivering speeds of 1 gigabit per second download and 1 gigabit per\nsecond upload to the end user; (b) provide service to locations in\nunserved areas as determined by the division; (c) commit not to impose\ncaps on data usage on the service provided to the end-user or to block,\nthrottle, or prioritize internet content in the general course of\nbusiness; and (d) have and commit to maintaining high standards of\nworkplace safety practices, training, certification or licensure for all\nrelevant workers, and compliance with state and federal workplace\nprotections.\n 9. ConnectAll innovation grant program. The ConnectAll innovation\ngrant program is hereby established to develop, pilot, and deploy\ninnovative models and technologies for the delivery of broadband\nservices. Grants issued pursuant to this program shall: (a) benefit the\ndevelopment of innovative and new broadband solutions and technologies;\n(b) deploy innovative broadband technology to rural, low-income, or\nother areas that would be unlikely to otherwise see such deployment; (c)\npromote critical private sector investment in such technologies; (d)\nprovide seed funding for the development of such technologies and\nproducts; or (e) foster collaboration between the academic research\ncommunity and the business sector for such purposes. The division shall\nestablish the procedures to solicit, receive and evaluate proposals for\nthe program consistent with rules, regulations, or guidelines\nestablished by the commissioner.\n 10. ConnectAll digital equity grant program. The ConnectAll digital\nequity grant program is hereby established to support individuals to\nhave the information technology capacity needed for full participation\nin society and the economy, including the effective implementation of a\nState Digital Equity Plan or any successor plan. Grants issued pursuant\nto this program shall be awarded in a manner and form as determined by\nthe division consistent with all relevant federal laws, codes, rules,\nand regulations associated with the federal Digital Equity Act as\nestablished under the Infrastructure Investment and Jobs Act. The\ndivision shall establish such State Digital Equity Plan and the\nprocedures to solicit, receive and evaluate proposals for the program\nconsistent with rules, regulations, or guidelines established by the\ncommissioner.\n 11. Assistance of other agencies. To effectuate the purposes of this\narticle, the director may request from any department, division, board,\nbureau, commission or other agency of the state or from any public\ncorporation or district, and the same are authorized to provide, such\nassistance, services and data as will enable the office properly to\ncarry out its functions, powers and duties hereunder.\n 12. New NY Broadband Program; transfer. All the functions and powers\npossessed by and all the obligations and duties of the state broadband\nprogram office and the New NY Broadband Program are hereby transferred\nand assigned to and assumed by the division.\n 13. Reporting. The division shall: (a) in a form and manner prescribed\nin accordance with the Infrastructure Investment and Jobs Act or\nAmerican Rescue Plan Act, make publicly available information relevant\nto long term plans for the use of broadband expansion funds, the\nmechanisms by which the division will award such funds, the entities\nthat will receive such funds from the division, progress reports on the\nuse and disbursement of such funds by the division, and a comprehensive\nfinal report on the activities of the division; and\n (b) every six months, beginning twelve months after the first\ndisbursement to a grant awardee under any program established under this\nsection, until such a time that all funds associated with all programs\nestablished under this section have been fully expended, submit a report\nto the governor, the temporary president of the senate, and the speaker\nof the assembly setting forth the activities undertaken by the program.\nSuch reports shall include, but need not be limited to, the details of\nthe grants and recipients, locations of the projects, and such other\ninformation as the division deems necessary and appropriate, to the\nextent that the production such reporting is not duplicative of federal\nreporting requirements associated with broadband expansion in New York\nstate under the Infrastructure Investment and Jobs Act or American\nRescue Plan Act. Such reports shall be included on the department's\nwebsite and any other publicly accessible state database that list\neconomic development programs as determined by the director.\n * NB There are 2 § 16-gg's\n