NY State Assembly Bill 2009-A467

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	reported referred to ways and means
Jan 06, 2010	referred to local governments
Jan 13, 2009	reported referred to ways and means
Jan 07, 2009	referred to local governments

co-Sponsors

multi-Sponsors

2009-A467 (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Add §79, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: A1869

2009-A467 (ACTIVE) - Summary

Prohibits the use of wireless telecommunications facilities on school property; defines "wireless telecommunications facility".

2009-A467 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A467

TITLE  OF BILL:   An act to amend the general municipal law, in relation
to prohibiting wireless communication facilities on school property

PURPOSE OR GENERAL IDEA OF BILL:

This bill would protect the health and safety of children by restricting
the indiscriminate placement of  wireless  communication  facilities  on
school buildings or grounds.

SUMMARY OF SPECIFIC PROVISIONS:

Bill  §  1  adds a new § 79 to the General Municipal Law to prohibit the
placement of wireless communication facilities on  school  buildings  or
grounds unless the applicant therefore can demonstrate that (a) there is
a  compelling reason for such placement, (b) it has a valid FCC license,
(c) no suitable alternative site is available, and (d) the radiofrequen-
cy level emission level will be as low as practicable.

JUSTIFICATION:

The wireless communication industry is one of the fastest growing indus-
tries in the United States. The number of cell phone users and thus cell
phone transmitters (towers or antennas) has increased dramatically  over
the  last  decade. Telecommunications companies are now actively seeking

properties to locate antennas on a lease or sales basis.

Communities are increasingly objecting to placement of antennas, partic-
ularly close to schools or homes. Some objections are based on  aesthet-
ics, but others are based on the scientific literature that demonstrates
that  the  cellular  phone  frequencies  may  be  unsafe. This issue has
divided many communities around the country. There is  an  obvious  need
for remedial legislation to address the state preemption issue and inde-
pendent  research  on  the  human health effects of microwave radiation.
Meanwhile, for precautionary reasons, chronic or excessive  exposure  to
this  type  of radiation or unsafe use of wireless devices -- especially
where there are children and youth involved -- should be limited.

While there are the obvious benefits of "going wireless",  many  parents
of young children are concerned that this technology should not be wide-
ly adopted in a school environment. In order to secure adequate laws for
the  care  and  protection  of children, until basic questions about the
health and safety of wireless  devices  and  transmitting  antennas  are
resolved  by  public  health officials, public policy makers must advise
precaution.

LEGISLATIVE HISTORY:

A.3571 (2005) - referred to Assembly Local Governments Committee
(2006) - advanced to 3rd reading (Cal #427)

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:

180th day after becoming law.

2009-A467 (ACTIVE) - Bill Text download pdf

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

                                   467

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Local Governments

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  wireless communication facilities on 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 79 to read as follows:
  S 79. PROHIBITION OF WIRELESS COMMUNICATION FACILITIES; SCHOOL PROPER-
TY.  1. 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 FACILITIES ON SCHOOL GROUNDS
OR  BUILDINGS  UNLESS  THE  APPLICANT  FOR  THE  PLACEMENT,  ERECTION OR
CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY SHALL, IN ADDITION  TO
COMPLIANCE WITH ANY OTHER LOCAL, STATE OR FEDERAL REQUIREMENT:
  A.  DEMONSTRATE  A COMPELLING REASON FOR THE PLACEMENT OF THE TOWER ON
SCHOOL PROPERTY;
  B. PROVE IT IS A WIRELESS TELECOMMUNICATIONS  PROVIDER  WITH  A  VALID
FEDERAL  COMMUNICATIONS  COMMISSION  LICENSE  TO  PROVIDE SERVICE TO THE
AREA;
  C. PRESENT PROOF THAT ALTERNATIVE SITES HAVE BEEN CONSIDERED AND  THAT
THE  SCHOOL  PROPERTY  IS THE ONLY SITE WHICH WILL NOT RESULT IN SIGNIF-
ICANT GAPS IN COVERAGE THAT WOULD OTHERWISE  EXIST  IF  A  FACILITY  WAS
PLACED ON ANY OF THE ALTERNATIVE SITES; AND
  D.  DEMONSTRATE THAT THE FACILITY SHALL EMIT THE LOWEST RADIOFREQUENCY
EMISSION LEVEL PRACTICABLE.
  2. FOR THE PURPOSES OF THIS SECTION, "WIRELESS COMMUNICATION FACILITY"
SHALL MEAN AN UNSTAFFED FACILITY USED IN THE RECEIPT AND TRANSMISSION OF
WIRELESS TELEPHONE SERVICE, INCLUDING, BUT  NOT  LIMITED  TO,  ANTENNAS,

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

                                                           LBD00236-01-9

A. 467                              2

ANCILLARY TELECOMMUNICATIONS EQUIPMENT AND TELECOMMUNICATIONS TOWERS AND
POLES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Assembly Bill A467

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A467 (ACTIVE) - Details

2009-A467 (ACTIVE) - Summary

2009-A467 (ACTIVE) - Sponsor Memo

2009-A467 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A467

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Sponsored By

JEFFRIES

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Ellen C. Jaffee

Jeffrey Dinowitz

multi-Sponsors

Robert Barra

John McEneny

Crystal Peoples-Stokes

Darryl Towns

2009-A467 (ACTIVE) - Details

2009-A467 (ACTIVE) - Summary

2009-A467 (ACTIVE) - Sponsor Memo

2009-A467 (ACTIVE) - Bill Text download pdf

Comments