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Assembly Bill A5332

2011-2012 Legislative Session

Prohibits the placement and operation of wireless communication facilities on public housing, senior citizen housing and nursing home property

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2011-A5332 (ACTIVE) - Details

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

2011-A5332 (ACTIVE) - Summary

Prohibits the placement and operation of wireless communication facilities on public housing, senior citizen housing and nursing home property.

2011-A5332 (ACTIVE) - Bill Text download pdf 

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

                                  5332

                       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  prohibiting
  the placement and operation of wireless communication facilities at or
  upon public housing, senior citizen housing and 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.  PROHIBITION  OF WIRELESS COMMUNICATION FACILITIES.  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. NO WIRELESS COMMUNICATION FACILITY SHALL BE PLACED OR OPERATED UPON
PUBLIC HOUSING, SENIOR CITIZEN HOUSING OR  NURSING  HOME  PROPERTY.  NOR
SHALL  ANY OPERATOR OF PUBLIC HOUSING, SENIOR CITIZEN HOUSING OR A NURS-
ING HOME NEGOTIATE FOR OR ENTER INTO A CONTRACT  FOR  THE  PLACEMENT  OR
OPERATION  OF  ANY  WIRELESS COMMUNICATION FACILITY UPON PUBLIC HOUSING,
SENIOR CITIZEN HOUSING OR NURSING HOME PROPERTY.
  3. ANY OPERATOR OF PUBLIC HOUSING, SENIOR CITIZEN HOUSING OR A NURSING
HOME WHICH IS IN VIOLATION OF SUBDIVISION TWO OF  THIS  SECTION  ON  THE
EFFECTIVE DATE OF THIS SECTION, SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02396-01-1

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