Bill Text: NY A05331 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires each municipality or licensing authority to provide written notification to local residents, of the terms of any agreement providing for the construction and/or installation of a wireless communication facility upon public housing, senior citizen housing or nursing home property, and the potential health risk posed by the operation of such a facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A05331 Detail]

Download: New_York-2011-A05331-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5331
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 15, 2011
                                      ___________
       Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
         Committee on Local Governments
       AN ACT to amend the general municipal  law,  in  relation  to  requiring
         written notification of local residents upon the proposed installation
         and/or  construction  of  a wireless communication facility at or upon
         public housing, senior citizen housing or nursing home property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 79 to read as follows:
    3    S 79. NOTIFICATION OF PROPOSED CONSTRUCTION OF WIRELESS  COMMUNICATION
    4  FACILITY. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
    5  HAVE THE FOLLOWING MEANINGS:
    6    (A)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
    7  TERM BY SUBDIVISION TWO OF  SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF  THE
    8  PUBLIC HEALTH LAW.
    9    (B) "PUBLIC HOUSING" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE
   10  TERM  PUBLICLY-ASSISTED  HOUSING ACCOMMODATIONS BY SUBDIVISION ELEVEN OF
   11  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   12    (C) "WIRELESS COMMUNICATION FACILITY" SHALL MEAN AN UNSTAFFED FACILITY
   13  USED IN THE RECEIPT  AND  TRANSMISSION  OF  WIRELESS  TELEPHONE  SERVICE
   14  INCLUDING,  BUT  NOT  LIMITED TO, ANTENNAS, ANCILLARY TELECOMMUNICATIONS
   15  EQUIPMENT, AND TELECOMMUNICATIONS TOWERS AND POLES.
   16    2. IMMEDIATELY UPON THE RECEIPT OF A SOLICITATION TO NEGOTIATE FOR  OR
   17  UPON SOLICITING TO NEGOTIATE FOR THE CONSTRUCTION OR INSTALLATION OF ANY
   18  WIRELESS  COMMUNICATION  FACILITY  UPON  PUBLIC  HOUSING, SENIOR CITIZEN
   19  HOUSING OR NURSING HOME PROPERTY, THE  MUNICIPAL  CORPORATION  OR  OTHER
   20  ENTITY  HAVING  THE  AUTHORITY TO ISSUE A PERMIT OR LICENSE TO AUTHORIZE
   21  SUCH CONSTRUCTION OR INSTALLATION SHALL PROVIDE WRITTEN NOTIFICATION, BY
   22  FIRST CLASS MAIL, TO EACH RESIDENT OF THE MUNICIPAL  CORPORATION  OR  OF
   23  THE  AREA SUCH ENTITY EXERCISES JURISDICTION OVER. THE WRITTEN NOTIFICA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02395-02-1
       A. 5331                             2
    1  TION SHALL INCLUDE ALL THE TERMS, CONDITIONS AND FINANCIAL PROVISIONS OF
    2  THE AGREEMENT PROVIDING FOR THE CONSTRUCTION AND/OR INSTALLATION OF  THE
    3  WIRELESS  COMMUNICATION FACILITY, AND THE IMMEDIATE AND POTENTIAL HEALTH
    4  RISKS POSED BY SUCH FACILITY.
    5    S 2. This act shall take effect on the one hundred twentieth day after
    6  it shall have become a law.