senate Bill S1522

Prohibits the construction of wireless communications facilities on or within fifteen hundred feet of school property

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

Prohibits the construction of wireless communications facilities on or within fifteen hundred feet of school property.

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Bill Details

Versions:
S1522
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add ยง99-x, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S920A
2009-2010: S581

Sponsor Memo

BILL NUMBER:S1522

TITLE OF BILL:
An act
to amend the general municipal law, in relation to prohibiting the
construction of wireless communication facilities within fifteen hundred
feet of school property

PURPOSE: This legislation prohibits the construction
of wireless
communication facilities within fifteen hundred feet of school
property.

SUMMARY OF PROVISIONS: The general municipal law is
amended by adding
a new section 99-x to prohibit the construction of wireless
communication facilities within fifteen hundred feet of school
property.

JUSTIFICATION: The towers needed to facilitate cell
phone
communication have caused a great deal of concern. There are numerous
stories detailing the potential negative effects of exposure to the
electromagnetic radiation produced by cellular towers and facilities.
To date, there is not a definitive study on the possible long and
short term effects of radio frequency energy.

In the absence of assured safety of the radio frequency energy, this
legislation would restrict the placement of wireless communication
facilities within fifteen hundred feet of school property and protect
children from potential harm.

LEGISLATIVE HISTORY: S.6941 of 2008 (Senate Local
Government
Committee). S.581 of 2009/10 (Senate Local Government Committee).
S.920-A of 2011/12 (Senate Local Government Committee)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect
on the one hundred eightieth day after becoming law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1522

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in  relation  to  prohibiting
  the  construction  of wireless communication facilities within fifteen
  hundred feet of school property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 99-x to read as follows:
  S 99-X. CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES ON  OR  NEAR
SCHOOL  PROPERTY;  PROHIBITION.  1.  FOR  PURPOSES  OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SCHOOL PROPERTY" SHALL MEAN ALL BUILDINGS,  STRUCTURES  AND  LAND
CONTAINED  WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE
ELEMENTARY OR SECONDARY SCHOOL.
  (B) "WIRELESS COMMUNICATION FACILITY" SHALL MEAN AN UNSTAFFED FACILITY
USED IN THE RECEIPT AND  TRANSMISSION  OF  WIRELESS  TELEPHONE  SERVICE,
INCLUDING,  BUT  NOT  LIMITED TO, ANTENNAS, ANCILLARY TELECOMMUNICATIONS
EQUIPMENT AND TELECOMMUNICATIONS TOWERS AND POLES.
  2. A MUNICIPAL CORPORATION OR OTHER ENTITY  HAVING  THE  AUTHORITY  TO
ISSUE  A  PERMIT  OR  LICENSE  TO  AUTHORIZE  THE PLACEMENT, ERECTION OR
CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY  SHALL  PROHIBIT  SUCH
PLACEMENT,  ERECTION OR CONSTRUCTION OF SUCH FACILITY ON SCHOOL PROPERTY
OR WITHIN FIFTEEN HUNDRED FEET OF SCHOOL PROPERTY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03253-01-3

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