NY State Senate Bill 2021-S36

Senate Bill S36

2021-2022 Legislative Session

Directs the public service commission to prohibit the attachment of wireless equipment or any other like attachments to existing utility poles in certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jan 06, 2021	referred to energy and telecommunications

2021-S36 (ACTIVE) - Details

See Assembly Version of this Bill:: A4422
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §119-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6687, A8476
2019-2020: S5313, A8367
2023-2024: A3054

2021-S36 (ACTIVE) - Summary

Directs the public service commission to prohibit the attachment of wireless equipment or any other like attachments to existing utility poles in certain circumstances.

2021-S36 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S36

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting the
attachment of wireless equipment and other like attachments to existing
utility poles in certain circumstances

 
PURPOSE:

To prohibit the attachment of wireless broadcast or relay equipment or
any other like attachments to utility poles.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 119-a of the public service law and
adds a new subdivision 2. Subdivision 2 prohibits the attachment of
wireless broadcast or relay equipment or any other like attachments to
utility poles unless an existing easement is explicitly amended to
include wireless equipment or a new easement is written and filed to

allow for the attachment of wireless broadcast, relay equipment, or any
other like attachment to a utility pole.

Section two provides an effective date.

 
JUSTIFICATION:

Many New York residents are complaining about attachments being
installed on existing utility poles. Residents argue that not only are
their rights as property owners being violated but that the attachment
of wireless broadcast or relay equipment or any other attachments to
utility poles could result in potential health problems as they are
unaware of the levels of radiation such attachments emit. Moreover, many
NY residents are concerned about the effect on their property values as
a result of attachments to utility poles.

This bill would require an existing easement to be explicitly amended in
writing and then filed to include wireless equipment or a new easement
be written and filed to allow the attachment of wireless broadcast or
relay equipment or any other like attachment to a utility pole in order
to protect property rights of New Yorkers.

 
LEGISLATIVE HISTORY:

2019-20: S.5313 (Thomas) / A.8367 (Ra) - Referred to Energy and Telecom-
munications.
2018: 5.56687 (Hannon) / A.8476 (McDonald) - Referred to Energy Commit-
tee.
2017: 8.56687 (Hannon) / A.8476 (McDonald) - Referred to Rules.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S36 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    36
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public service law, in relation to prohibiting the
   attachment of wireless equipment and other like attachments to  exist-
   ing utility poles in certain circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening  paragraph  of  section  119-a  of  the  public
 service law is designated subdivision 1 and a new subdivision 2 is added
 to read as follows:
   2.  THE COMMISSION SHALL PROHIBIT THE ATTACHMENT OF WIRELESS BROADCAST
 OR RELAY EQUIPMENT, OR ANY OTHER LIKE ATTACHMENTS, TO ANY  UTILITY  POLE
 WHICH  WAS  INSTALLED  ON,  BEFORE  OR  AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, OR UNLESS AN EXISTING EASEMENT  IS  EXPLICITLY  AMENDED  IN
 WRITING  AND  FILED TO INCLUDE WIRELESS BROADCAST OR RELAY EQUIPMENT, OR
 ANY OTHER LIKE ATTACHMENTS TO A UTILITY POLE, OR UNLESS A  NEW  EASEMENT
 IS  WRITTEN  AND  FILED TO ALLOW THE ATTACHMENT OF WIRELESS BROADCAST OR
 RELAY EQUIPMENT, OR ANY OTHER LIKE ATTACHMENTS, TO A UTILITY POLE.  SUCH
 AMENDMENTS TO AN EXISTING EASEMENT OR A NEW EASEMENT  SHALL  NOT  AFFECT
 ANY ADJOINING PROPERTY OR PROPERTY OWNERS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02324-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.