Bill Text: NY A05332 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5332 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the placement and operation of wireless communication facilities on public housing, senior citizen housing and nursing home property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A05332 Detail]

Download: New_York-2011-A05332-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5332
                              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  prohibiting
         the placement and operation of wireless communication facilities at or
         upon public housing, senior citizen housing and 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.  PROHIBITION  OF WIRELESS COMMUNICATION FACILITIES.  1. FOR THE
    4  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
    5  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. NO WIRELESS COMMUNICATION FACILITY SHALL BE PLACED OR OPERATED UPON
   17  PUBLIC HOUSING, SENIOR CITIZEN HOUSING OR  NURSING  HOME  PROPERTY.  NOR
   18  SHALL  ANY OPERATOR OF PUBLIC HOUSING, SENIOR CITIZEN HOUSING OR A NURS-
   19  ING HOME NEGOTIATE FOR OR ENTER INTO A CONTRACT  FOR  THE  PLACEMENT  OR
   20  OPERATION  OF  ANY  WIRELESS COMMUNICATION FACILITY UPON PUBLIC HOUSING,
   21  SENIOR CITIZEN HOUSING OR NURSING HOME PROPERTY.
   22    3. ANY OPERATOR OF PUBLIC HOUSING, SENIOR CITIZEN HOUSING OR A NURSING
   23  HOME WHICH IS IN VIOLATION OF SUBDIVISION TWO OF  THIS  SECTION  ON  THE
   24  EFFECTIVE DATE OF THIS SECTION, SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02396-01-1
       A. 5332                             2
    1  SUCH DATE, TERMINATE ALL CONTRACTS FOR THE PLACEMENT AND/OR OPERATION OF
    2  A  WIRELESS  COMMUNICATION  FACILITY  UPON  THE PROPERTY THEREOF, AND/OR
    3  REMOVE ANY AND ALL WIRELESS COMMUNICATION FACILITIES UPON SUCH PROPERTY.
    4    S 2. This act shall take effect immediately.