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Assembly Bill A5329

2011-2012 Legislative Session

Requires written notification to be given to persons in parental relation to student attending school district or BOCES when wireless facility is constructed

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2011-A5329 (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Add ยง409-l, Ed L

2011-A5329 (ACTIVE) - Summary

Requires each school district and board of cooperative educational services to provide written notification to persons in parental relation to its students, of the terms of any agreement providing for the construction and/or installation of a wireless communication facility upon school property, and the potential health risks posed by the operation of such a facility.

2011-A5329 (ACTIVE) - Bill Text download pdf

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

                                  5329

                       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 Education

AN ACT to amend the education law, in  relation  to  requiring  parental
  notification  of the proposed construction of a wireless communication
  facility upon school property

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

  Section  1. The education law is amended by adding a new section 409-l
to read as follows:
  S 409-L. NOTIFICATION OF PROPOSED CONSTRUCTION  OF  WIRELESS  COMMUNI-
CATION FACILITY. 1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "SCHOOL"  SHALL  MEAN ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES.
  (B) "SCHOOL PROPERTY" SHALL MEAN ANY SCHOOL BUILDING USED FOR INSTRUC-
TIONAL PURPOSES AND ITS SURROUNDING GROUNDS, SITES AND OTHER GROUNDS  TO
BE USED FOR PLAYGROUNDS, ATHLETICS AND OTHER INSTRUCTIONAL PURPOSES, AND
ANY ADMINISTRATIVE OFFICES.
  (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 SCHOOL PROPERTY, THE  SCHOOL  SHALL
PROVIDE  WRITTEN  NOTIFICATION,  BY  FIRST CLASS MAIL, TO EACH PERSON IN
PARENTAL RELATION TO EACH STUDENT ATTENDING  SUCH  SCHOOL.  THE  WRITTEN
NOTIFICATION  SHALL  INCLUDE  ALL  THE  TERMS,  CONDITIONS AND FINANCIAL
PROVISIONS OF  THE  AGREEMENT  PROVIDING  FOR  THE  CONSTRUCTION  AND/OR
INSTALLATION  OF  THE WIRELESS COMMUNICATION FACILITY, AND THE IMMEDIATE
AND POTENTIAL HEALTH RISKS POSED BY SUCH FACILITY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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