NY State Senate Bill 2017-S1547

Archive: Last Bill Status - In Senate Committee Cities 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 10, 2017	referred to cities

2017-S1547 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §28-103.14.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6907
2013-2014: S325
2015-2016: S682

2017-S1547 (ACTIVE) - Summary

Relates to permits for cellular antennas in the city of New York.

2017-S1547 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1547

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to permits for cellular antennas

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 28-103.14.1 of the administrative
code of the city of New York, as added by local law number 33 of the
city of New York for the year 2007 by requiring the following:

1. Prior to the issuance of an alteration permit for the erection or
placement of antennae used to provide cellular telephone or similar
service or any structure related to such service, the commissioner
shall consider the aggregate total number of antennas in existence at
and proposed for the subject property at the time of submission of the
application of the permit.

2. Upon completion of the "compliance" inspection as required in
paragraph 3 below, information concerning the electromagnetic
frequency being emitted from each cellular antenna for which a permit
was issued shall be added to the list (also known as the "cellular
antenna report") maintained by the department for each alteration
permit. The cellular antenna report will also be required to list the

name of the company that is or will be utilizing the antennae to
provide cellular telephone or similar service. In addition, the
information contained in the cellular antenna report shall also be
included on the department's building information system and
associated with the entry for the appropriate property.

3. Within 30 days of issuance of an alteration permit for cellular
antennae or related equipment, the commissioner shall make or require
inspections of such antennae to ascertain compliance with the
provisions of the administrative code, the provisions set forth in the
application for an alteration permit and any other laws, rules or
regulations that are enforced by the department, as well as to analyze
compliance with the standards of the Federal Communications Commission
for electromagnetic frequency emissions. Reports of such inspections
shall be filed with the department.

4. Upon completion of the inspection required above, the commissioner
shall issue a "certification of compliance" to the holder of the
permit which shall include all of the information contained in the
cellular antenna report pursuant to this section.

Section 2 of the bill sets forth an immediate effective date.

 JUSTIFICATION :

The federal Telecommunications Act of 1996 prevents municipalities
from limiting the ability of telecommunications carriers to provide
telecommunications service and from imposing any restrictions in
relation to health and/or safety regarding the installation of
cellular antennas. However, the Federal Communications Commission
("FCC") has interpreted the law to allow municipalities to impose
restrictions in relation to the placement, construction and
modification of personal wireless service facilities.

Despite these limitations on local power, it remains incumbent on the
city to ensure that the siting and installation of cellular antennas
is done in manner which is in compliance with both current city laws
and federal law in terms of the FCC's electromagnetic frequency
emission standards.

This bill will require proof of compliance with city laws and rules
and ensure that each cellular antenna that has been installed is
operating within federal electromagnetic frequency emission
guidelines.

The bill will also require the department to consider the aggregate
number of antennas in existence at and proposed for the subject
property at the time of submission of the application of the permit.
This is imperative because current practice by the department does not
appear to consider the aggregate effects of numerous antennas being
installed at one location.

Finally, the bill will enhance transparency by increasing the amount
information available to the public regarding where cellular antenna
installations are located throughout the city and who is responsible
for their maintenance and operation. This will be achieved by adding
additional categories of information that must be included on the
department's current cellular antenna report and by integrating such
information in the department's building information system.

 LEGISLATIVE HISTORY :

2015-16, S.682
2013-2014, S.325
2011-12, S.6907

 FISCAL IMPLICATIONS :

Yet to be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1547 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1547
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to permits for cellular antennas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 28-103.14.1 of the administrative code of the city
 of New York, as added by local law number 33 of the city of New York for
 the year 2007, is amended to read as follows:
   §28-103.14.1 [List of permits] PERMITS  for  cellular  antenna;  LIST;
 INSPECTIONS.   1.  PRIOR TO THE ISSUANCE OF AN ALTERATION PERMIT FOR THE
 ERECTION OR PLACEMENT OF ANTENNAE USED TO PROVIDE CELLULAR TELEPHONE  OR
 SIMILAR  SERVICE  OR  ANY STRUCTURE RELATED TO SUCH SERVICE, THE COMMIS-
 SIONER SHALL CONSIDER THE AGGREGATE TOTAL NUMBER OF ANTENNAS  IN  EXIST-
 ENCE  AT AND PROPOSED FOR THE SUBJECT PROPERTY AT THE TIME OF SUBMISSION
 OF THE APPLICATION FOR A PERMIT.
   2. The commissioner shall  maintain  a  separate  list  of  alteration
 permits issued for the erection or placement of antennae used to provide
 cellular  telephone  or similar service or any structure related to such
 service which shall, at a minimum, set forth the name, business  address
 and business telephone number of the applicant, the date of the applica-
 tion,  the date the permit was issued, the location for which the permit
 was issued, including the premises  address  and  the  zoning  district,
 whether  residential,  commercial, or manufacturing, [and] the number of
 permits issued for such purpose at the same location AND THE NAME OF THE
 COMPANY THAT IS OR WILL BE UTILIZING THE ANTENNAE  TO  PROVIDE  CELLULAR
 TELEPHONE  OR  SIMILAR  SERVICE.    UPON  COMPLETION  OF  THE INSPECTION
 REQUIRED BY SUBDIVISION THREE  OF  THIS  SECTION,  SUCH  LIST  SHALL  BE
 UPDATED  TO  SET  FORTH THE ELECTROMAGNETIC FREQUENCY BEING EMITTED FROM
 EACH CELLULAR ANTENNA FOR WHICH A PERMIT WAS ISSUED. Such list shall  be
 made available to the public upon request between regular business hours
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00605-01-7

 S. 1547                             2
 
 and  shall  be available to the public in electronic format on a 24-hour
 basis on the department's website. THE  INFORMATION  CONTAINED  ON  SUCH
 LIST  SHALL  ALSO  BE  INCLUDED ON THE DEPARTMENT'S BUILDING INFORMATION
 SYSTEM AND ASSOCIATED WITH THE ENTRY FOR THE APPROPRIATE PROPERTY.
   3.  IN ADDITION TO OTHER REQUIRED INSPECTIONS, THE COMMISSIONER SHALL,
 WITHIN THIRTY DAYS OF ISSUANCE OF AN ALTERATION PERMIT FOR THE  ERECTION
 OR  PLACEMENT  OF ANTENNAE USED TO PROVIDE CELLULAR TELEPHONE OR SIMILAR
 SERVICE OR ANY STRUCTURE  RELATED  TO  SUCH  SERVICE,  MAKE  OR  REQUIRE
 INSPECTIONS OF SUCH ANTENNAE TO ASCERTAIN COMPLIANCE WITH THE PROVISIONS
 OF  THIS CODE, THE PROVISIONS SET FORTH IN THE APPLICATION FOR AN ALTER-
 ATION PERMIT AND ANY OTHER LAWS, RULES OR REGULATIONS THAT ARE  ENFORCED
 BY  THE  DEPARTMENT, AS WELL AS TO ANALYZE COMPLIANCE WITH THE STANDARDS
 OF THE FEDERAL COMMUNICATIONS COMMISSION FOR  ELECTROMAGNETIC  FREQUENCY
 EMISSIONS.  SUCH  INSPECTIONS MAY BE MADE ON BEHALF OF THE DEPARTMENT BY
 OFFICERS AND EMPLOYEES OF THE DEPARTMENT AND OTHER CITY DEPARTMENTS  AND
 GOVERNMENTAL  AGENCIES  AND  BY APPROVED AGENCIES, SPECIAL INSPECTORS OR
 OTHER PERSONS WHEN THE COMMISSIONER IS SATISFIED AS TO THEIR  QUALIFICA-
 TIONS  AND  RELIABILITY. THE COMMISSIONER MAY ACCEPT INSPECTION AND TEST
 REPORTS FROM PERSONS AUTHORIZED BY THIS CODE OR BY THE  COMMISSIONER  TO
 PERFORM  SUCH  INSPECTIONS. SUCH REPORTS SHALL BE FILED WITH THE DEPART-
 MENT.
   4. UPON COMPLETION OF THE INSPECTION REQUIRED BY SUBDIVISION THREE  OF
 THIS SECTION, THE COMMISSIONER SHALL ISSUE A CERTIFICATION OF COMPLIANCE
 TO  THE  HOLDER  OF THE PERMIT THAT SHALL INCLUDE ALL OF THE INFORMATION
 CONTAINED ON THE LIST MAINTAINED PURSUANT TO  SUBDIVISION  TWO  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S1547

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Archive: Last Bill Status - In Senate Committee Cities Committee

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2017-S1547 (ACTIVE) - Details

2017-S1547 (ACTIVE) - Summary

2017-S1547 (ACTIVE) - Sponsor Memo

2017-S1547 (ACTIVE) - Bill Text download pdf

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2017-S1547 (ACTIVE) - Details

2017-S1547 (ACTIVE) - Summary

2017-S1547 (ACTIVE) - Sponsor Memo

2017-S1547 (ACTIVE) - Bill Text download pdf

Comments