Bill Text: NY S00695 | 2021-2022 | General Assembly | Amended

Bill Title: Requires cell towers to be equipped with a back-up power source in case of a power outage.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2021-02-08 - ADVANCED TO THIRD READING [S00695 Detail]

Download: New_York-2021-S00695-Amended.html

                STATE OF NEW YORK

            Cal. No. 247

                               2021-2022 Regular Sessions

                    IN SENATE


                                     January 6, 2021

        Introduced by Sens. KAPLAN, GAUGHRAN, HARCKHAM -- read twice and ordered
          printed,  and  when printed to be committed to the Committee on Energy
          and Telecommunications -- committee discharged, bill amended,  ordered
          reprinted  as  amended  and  recommitted to said committee -- reported
          favorably from said committee, ordered to  first  report,  amended  on
          first  report,  ordered  to  a  second  report  and ordered reprinted,
          retaining its place in the order of second report

        AN ACT to amend the general business law, in relation to requiring  cell
          towers  to  be equipped with a back-up power source in case of a power

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-yyyy to read as follows:
     3    §  399-yyyy. Macro cell tower sites; back-up power. 1.  Every owner or
     4  operator of macro cell tower sites located in this state shall,  to  the
     5  extent  practicable, equip all such macro cell tower sites with an emer-
     6  gency back-up power source capable of providing adequate power to  main-
     7  tain  the operation of such macro cell tower sites in the case of a loss
     8  of power.  Such emergency back-up power source  shall  use  a  renewable
     9  energy  system,  fuel  cell  electric generating equipment, or an energy
    10  storage system and be capable of powering a macro cell tower site for  a
    11  minimum  of  at  least seventy-two hours.  If a macro cell tower site is
    12  already equipped with an emergency back-up power  source  prior  to  the
    13  effective date of this section, then the owner or operator of such macro
    14  tower  site shall not be required to update such emergency back-up power
    15  source to meet the requirements of this section, provided, however, that
    16  once such emergency back-up power source needs to be replaced, the owner
    17  or operator shall equip such macro cell tower  site  with  an  emergency
    18  back-up power source that meets the requirements of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 695--B                           2

     1    2.  For  the  purposes  of this section, "macro cell tower site" shall
     2  mean the place where wireless telecommunications equipment  and  network
     3  components, including towers, transmitters, base stations, and emergency
     4  powers necessary for providing wide area outdoor service, are located. A
     5  macro  cell tower site shall not include rooftop, small cell, or outdoor
     6  and indoor distributed antenna system sites.
     7    § 2. This act shall take effect on the ninetieth day  after  it  shall
     8  have become a law.