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Assembly Bill A5331

2011-2012 Legislative Session

Requires written notification to be given to local residents when wireless facility is constructed at public housing, senior citizen housing or nursing home

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2011-A5331 (ACTIVE) - Details

Law Section:
General Municipal Law
Laws Affected:
Add ยง79, Gen Muni L

2011-A5331 (ACTIVE) - Summary

Requires each municipality or licensing authority to provide written notification to local residents, of the terms of any agreement providing for the construction and/or installation of a wireless communication facility upon public housing, senior citizen housing or nursing home property, and the potential health risk posed by the operation of such a facility.

2011-A5331 (ACTIVE) - Bill Text download pdf 

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

                                  5331

                       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  requiring
  written notification of local residents upon the proposed installation
  and/or  construction  of  a wireless communication facility at or upon
  public housing, senior citizen housing or nursing home 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. NOTIFICATION OF PROPOSED CONSTRUCTION OF WIRELESS  COMMUNICATION
FACILITY. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM BY SUBDIVISION TWO OF  SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF  THE
PUBLIC HEALTH LAW.
  (B) "PUBLIC HOUSING" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE
TERM  PUBLICLY-ASSISTED  HOUSING ACCOMMODATIONS BY SUBDIVISION ELEVEN OF
SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
  (C) "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. IMMEDIATELY UPON THE RECEIPT OF A SOLICITATION TO NEGOTIATE FOR  OR
UPON SOLICITING TO NEGOTIATE FOR THE CONSTRUCTION OR INSTALLATION OF ANY
WIRELESS  COMMUNICATION  FACILITY  UPON  PUBLIC  HOUSING, SENIOR CITIZEN
HOUSING OR NURSING HOME PROPERTY, THE  MUNICIPAL  CORPORATION  OR  OTHER
ENTITY  HAVING  THE  AUTHORITY TO ISSUE A PERMIT OR LICENSE TO AUTHORIZE
SUCH CONSTRUCTION OR INSTALLATION SHALL PROVIDE WRITTEN NOTIFICATION, BY
FIRST CLASS MAIL, TO EACH RESIDENT OF THE MUNICIPAL  CORPORATION  OR  OF
THE  AREA SUCH ENTITY EXERCISES JURISDICTION OVER. THE WRITTEN NOTIFICA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02395-02-1

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