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
[ ] is old law to be omitted.
LBD02394-02-1