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Assembly Bill A88

2023-2024 Legislative Session

Requires cell towers to be equipped with a back-up power source in case of a power outage

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Archive: Last Bill Status - In Assembly Committee

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2023-A88 (ACTIVE) - Details

See Senate Version of this Bill:
S2996
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
General Business Law
Laws Affected:
Add §399-yyyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10988, S8893
2021-2022: A3921, S695
2025-2026: A2670, S4902

2023-A88 (ACTIVE) - Summary

Requires cell towers to be equipped with a back-up power source in case of a power outage.

2023-A88 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    88
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. SAYEGH, ZEBROWSKI, THIELE, SANTABARBARA, TAGUE,
   LEMONDES -- read once and referred to the Committee  on  Corporations,
   Authorities and Commissions
 
 AN  ACT to amend the general business law, in relation to requiring cell
   towers to be equipped with a back-up power source in case of  a  power
   outage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-yyyy to read as follows:
   § 399-YYYY. MACRO CELL TOWER SITES; BACK-UP POWER. 1.  EVERY OWNER  OR
 OPERATOR  OF  MACRO CELL TOWER SITES LOCATED IN THIS STATE SHALL, TO THE
 EXTENT PRACTICABLE, EQUIP ALL SUCH MACRO CELL TOWER SITES WITH AN  EMER-
 GENCY  BACK-UP POWER SOURCE CAPABLE OF PROVIDING ADEQUATE POWER TO MAIN-
 TAIN THE OPERATION OF SUCH MACRO CELL TOWER SITES IN THE CASE OF A  LOSS
 OF  POWER.    SUCH  EMERGENCY BACK-UP POWER SOURCE SHALL USE A RENEWABLE
 ENERGY SYSTEM, FUEL CELL ELECTRIC GENERATING  EQUIPMENT,  OR  AN  ENERGY
 STORAGE  SYSTEM AND BE CAPABLE OF POWERING A MACRO CELL TOWER SITE FOR A
 MINIMUM OF AT LEAST SEVENTY-TWO HOURS.  IF A MACRO CELL  TOWER  SITE  IS
 ALREADY  EQUIPPED  WITH  AN  EMERGENCY BACK-UP POWER SOURCE PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION, THEN THE OWNER OR OPERATOR OF SUCH MACRO
 TOWER SITE SHALL NOT BE REQUIRED TO UPDATE SUCH EMERGENCY BACK-UP  POWER
 SOURCE TO MEET THE REQUIREMENTS OF THIS SECTION, PROVIDED, HOWEVER, THAT
 ONCE SUCH EMERGENCY BACK-UP POWER SOURCE NEEDS TO BE REPLACED, THE OWNER
 OR  OPERATOR  SHALL  EQUIP  SUCH MACRO CELL TOWER SITE WITH AN EMERGENCY
 BACK-UP POWER SOURCE THAT MEETS THE REQUIREMENTS OF THIS SECTION.
   2. FOR THE PURPOSES OF THIS SECTION, "MACRO  CELL  TOWER  SITE"  SHALL
 MEAN  THE  PLACE WHERE WIRELESS TELECOMMUNICATIONS EQUIPMENT AND NETWORK
 COMPONENTS, INCLUDING TOWERS, TRANSMITTERS, BASE STATIONS, AND EMERGENCY
 POWERS NECESSARY FOR PROVIDING WIDE AREA OUTDOOR SERVICE, ARE LOCATED. A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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