NY S08693

Changes authorization language from "may" to "shall," requiring the commissioner of transportation to enter into fiber optic use agreements with all entities (not just fiber optic utilities) for state right of way occupancy.

Modifies fee structure from "fair market value" to fees based on the Department of Transportation's cost of managing the state right of way, assessed annually on a pro-rata basis by linear length of fiber facilities as of March 31st each year.

Establishes annual fee caps: $15 million for fiscal year 2020, $30 million for fiscal year 2021, and $50 million for fiscal years 2022-2024, with fees collected applied to the highway and bridge trust fund.

Requires entities to submit standardized forms by May 1st annually certifying total linear feet of state right of way occupancy (aerial and underground combined), with the Department authorized to hire independent consultants for fee assessment.

Exempts providers fulfilling New York Broadband Program state grants from fees and prohibits fiber optic utilities from passing through right of way fees to customers; repeals these provisions on the same date as the authorizing law from 2019.