NY State Senate Bill 2009-S4913

Senate Bill S4913

2009-2010 Legislative Session

Requires landlords to hold public forums with tenants before permitting cell phone towers to be placed on residential buildings; requires school to notify parents and faculty

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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
Jan 06, 2010	referred to judiciary
Apr 27, 2009	referred to judiciary

2009-S4913 (ACTIVE) - Details

See Assembly Version of this Bill:: A4256
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §238-a, RP L; add §414-a, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1794, A906

2009-S4913 (ACTIVE) - Summary

Requires landlords to hold a public forum with tenants prior to contracting with cell phone carriers to mount cell phone towers on residential buildings; requires school districts to provide parents and school faculty with written notification of cell phone towers being mounted onto school facilities.

2009-S4913 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4913

 TITLE OF BILL :  An act to amend the real property law, in relation
to requiring landlords to hold a public forum with tenants prior to
contracting with cell phone service carriers to mount cell phone
towers on residential buildings; and to amend the education law, in
relation to requiring school districts to provide parents and school
faculty with written notification of cell phone towers being mounted
onto school facilities


 PURPOSE OR GENERAL IDEA OF BILL :
To provide prior notification to tenants in residential buildings when
cell phone service carriers approach their landlord with an offer to
build cell antennas on the roof or side of the building. The bill also
instructs school districts to notify parents and school faculty of
such negotiations, prior to the approval of a building permit.

 SUMMARY OF SPECIFIC PROVISIONS :
The real property law is amended to a new sec. 238-a. Requires
landlords to hold a public forum prior to mounting a cellular phone
tower on a residential building structure.  A violation of this
section results in a civil penalty of two-hundred and fifty dollars
for each day that passes after a building permit has been approved and
no forum has been called.

The education law is amended to add a new sec. 414-a. Defines the
meanings of the terms "School", "Facility", and "Written
Notification".  Requires schools to provide written notification to
the parent of guardian of a student and to school faculty, staff and
administrators before cell phone towers, cell phone antennas, or base
stations are placed or mounted onto school facilities. A violation of
this section results in a civil penalty of five -hundred dollars for
each day that passes after a building permit has been approved without
proper notification.

 JUSTIFICATION :
Tenants should have the right to know when a landlord has agreed to
place a cell tower on the roof or side of a residential building. Cell
phone service carriers compensate the landlord for placing towers on
their building, while tenants are left without a voice in the process.

It is important that a tenant has the opportunity to express his/her
opinion when a cell tower is going to be placed where they live,
especially since the health effects from human exposure are not fully
known.

Under current Federal FCC regulations, states cannot regulate or
prevent the placement of cell towers on residential buildings based
upon allegations that the energy emitted causes environmental or
health effects.

However, complaints and requests for an environmental review can be
applied for within three months of the building permit's approval. It
is only fair that tenants are made aware of the landlord's intentions,
and give them ample time to file a complaint.

Schools are both institutions for learning and also a work place
environment for teachers and other faculty. Both parents and faculty
should be made aware of the school's intentions to build cell towers,
and should be given time to voice their concerns.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None. This bill could potentially raise revenue for the state through
the collection of fines.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4913 (ACTIVE) - Bill Text download pdf

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

                                  4913

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation  to  requiring  land-
  lords  to  hold  a public forum with tenants prior to contracting with
  cell phone service carriers to mount cell phone towers on  residential
  buildings;  and  to  amend the education law, in relation to requiring
  school districts to provide parents and school  faculty  with  written
  notification of cell phone towers being mounted onto school facilities

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

  Section 1. The real property law is amended by adding  a  new  section
238-a to read as follows:
  S  238-A.  DUTY  OF  LANDLORD TO HOLD A PUBLIC FORUM PRIOR TO MOUNTING
CELLULAR PHONE TOWERS ONTO RESIDENTIAL  BUILDING  STRUCTURES.  1.    THE
TERMS  "CELLULAR  PHONE  TOWER",  "CELLULAR  PHONE  ANTENNA"  AND  "BASE
STATION" AS USED IN THIS SECTION SHALL MEAN A  STRUCTURE  CONSISTING  OF
RADIOS,  COMPUTERIZED SWITCHING EQUIPMENT, AND ANTENNAS THAT RECEIVE AND
TRANSMIT RADIO FREQUENCY SIGNALS WHICH FACILITATE CELLULAR PHONE  TRANS-
MISSION AND RECEPTION.
  2. A LANDLORD SHALL BE REQUIRED TO HOLD A PUBLIC FORUM WITH HIS OR HER
TENANTS  PRIOR TO CONTRACTING WITH A CELL PHONE SERVICE CARRIER TO MOUNT
A CELL PHONE TOWER, CELL PHONE ANTENNA OR BASE STATION ONTO THE RESIDEN-
TIAL BUILDING STRUCTURE.
  3. A LANDLORD WHO VIOLATES SUBDIVISION TWO OF THIS  SECTION  SHALL  BE
SUBJECT,  IN  ADDITION  TO ANY OTHER PENALTIES THAT MAY BE PRESCRIBED BY
LAW, TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR EACH  DAY  THAT
PASSES  AFTER  A  BUILDING  PERMIT HAS BEEN APPROVED TO BUILD A CELLULAR
PHONE TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED  ONTO
A RESIDENTIAL BUILDING STRUCTURE WITHOUT PROPER NOTIFICATION TO TENANTS.
  S  2.  The  education  law is amended by adding a new section 414-a to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03520-02-9

S. 4913                             2

  S 414-A. NOTIFICATION ABOUT CELL PHONE TOWERS LOCATED ON SCHOOL FACIL-
ITIES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING  TERMS  SHALL  HAVE
THE  MEANINGS SET FORTH BELOW: (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL
DISTRICT OR PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF  COOPERATIVE  EDUCA-
TIONAL SERVICES.
  (B)  "FACILITY"  MEANS  ANY  SCHOOL  BUILDING  USED  FOR INSTRUCTIONAL
PURPOSES AND ITS SURROUNDING GROUNDS, SITES AND OTHER GROUNDS TO BE USED
FOR PLAYGROUNDS, ATHLETICS AND OTHER  INSTRUCTIONAL  PURPOSES,  AND  ANY
ADMINISTRATIVE OFFICES.
  (C)  "WRITTEN  NOTIFICATION"  SHALL  MEAN  NOTICE  IN WRITING THAT IS:
PROVIDED DIRECTLY TO STUDENTS' PARENTS OR GUARDIANS AND TO SCHOOL  STAFF
MEMBERS;  OR  DELIVERED TO A RECEPTACLE DESIGNATED FOR STUDENTS' PARENTS
OR GUARDIANS AND TO STAFF MEMBERS; OR MAILED  TO  STUDENTS'  PARENTS  OR
GUARDIANS  AND TO STAFF MEMBERS' LAST KNOWN ADDRESS; OR DELIVERED BY ANY
OTHER REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER.
  2. SCHOOLS SHALL PROVIDE WRITTEN NOTIFICATION TO THE PARENT OR GUARDI-
AN OF A STUDENT AND TO SCHOOL FACULTY, STAFF AND  ADMINISTRATORS  BEFORE
CELL  PHONE  TOWERS,  CELL PHONE ANTENNAS OR BASE STATIONS ARE PLACED OR
MOUNTED ONTO SCHOOL FACILITIES.
  3. ANY SCHOOL THAT VIOLATES SUBDIVISION TWO OF THIS SECTION  SHALL  BE
SUBJECT  TO  A  CIVIL  PENALTY OF FIVE HUNDRED DOLLARS FOR EACH DAY THAT
PASSES AFTER A BUILDING PERMIT HAS BEEN APPROVED  TO  BUILD  A  CELLULAR
PHONE  TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED ONTO
A SCHOOL FACILITY WITHOUT PROPER NOTIFICATION TO THE PARENT OR  GUARDIAN
OF A STUDENT OR TO SCHOOL FACULTY, STAFF AND ADMINISTRATORS.
  S  3.  Severability.  If  any provision of this act or the application
thereof to any person or circumstance is adjudged invalid by a court  of
competent  jurisdiction,  such  judgment  shall not affect or impair any
other provisions or applications of this act which can be effected with-
out the invalid provision or application, and to this end the provisions
of this act are severable.
  S 4. This act shall take effect immediately.

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