S T A T E O F N E W Y O R K
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5123
2023-2024 Regular Sessions
I N S E N A T E
February 23, 2023
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Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
AN ACT to amend the general municipal law and the administrative code of
the city of New York, in relation to the regulation of fifth gener-
ation (5G) telecommunications towers in cities with a population of
one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 137 to read as follows:
§ 137. REGULATION OF FIFTH GENERATION (5G) TELECOMMUNICATIONS TOWERS
IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. 1. FOR PURPOSES OF
THIS SECTION, "FIFTH GENERATION (5G) TELECOMMUNICATIONS TOWER" MEANS ANY
FREESTANDING TOWER, MONOPOLE OR SIMILAR STRUCTURE USED FOR THE PROVISION
OF FIFTH GENERATION WIRELESS SERVICES INCLUDING ANCILLARY TELECOMMUNI-
CATIONS EQUIPMENT REQUIRED TO INTEGRATE SUCH TOWER, MONOPOLE OR SIMILAR
STRUCTURE INTO AN EXISTING OR PROPOSED WIRELESS NETWORK.
2. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE
PROHIBITED FOR ANY 5G TELECOMMUNICATIONS TOWER TO BE LOCATED WITHIN TWO
HUNDRED FIFTY FEET OF A BUSINESS OR PERSONAL RESIDENCE, UNLESS WRITTEN
CONSENT IS PROVIDED BY THE OWNER OF SUCH BUSINESS OR PERSONAL RESIDENCE
PERMITTING THE PLACEMENT OF SUCH TOWER.
3. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, NO 5G TELECOM-
MUNICATIONS TOWER MAY BE PLACED WITHOUT THE APPROVAL OF THE LOCAL COMMU-
NITY BOARD. IN ADDITION TO SUCH REQUIREMENT, BEFORE THE PLACEMENT OF ANY
5G TELECOMMUNICATIONS TOWER MAY BE APPROVED, A CITY ENVIRONMENTAL QUALI-
TY REVIEW SHALL BE CONDUCTED TO DETERMINE IF THE PLACEMENT OF SUCH TOWER
WILL HAVE ANY DETERIORATING IMPACT ON THE ENVIRONMENT. THE RESULTS OF
SUCH REVIEW SHALL BE PROVIDED TO THE APPLICABLE LOCAL COMMUNITY BOARD
ONCE COMPLETED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09815-01-3
S. 5123 2
§ 2. The administrative code of the city of New York is amended by
adding a new section 10-124 to read as follows:
§ 10-124 REGULATION OF FIFTH GENERATION (5G) TELECOMMUNICATIONS
TOWERS. A. FOR PURPOSES OF THIS SECTION, "FIFTH GENERATION (5G) TELECOM-
MUNICATIONS TOWER" MEANS ANY FREESTANDING TOWER, MONOPOLE OR SIMILAR
STRUCTURE USED FOR THE PROVISION OF FIFTH GENERATION WIRELESS SERVICES
INCLUDING ANCILLARY TELECOMMUNICATIONS EQUIPMENT REQUIRED TO INTEGRATE
SUCH TOWER, MONOPOLE OR SIMILAR STRUCTURE INTO AN EXISTING OR PROPOSED
WIRELESS NETWORK.
B. IN ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-SEVEN OF THE GENERAL
MUNICIPAL LAW, IT SHALL BE PROHIBITED FOR ANY 5G TELECOMMUNICATIONS
TOWER TO BE LOCATED WITHIN TWO HUNDRED FIFTY FEET OF A BUSINESS OR
PERSONAL RESIDENCE, UNLESS WRITTEN CONSENT IS PROVIDED BY THE OWNER OF
SUCH BUSINESS OR PERSONAL RESIDENCE PERMITTING THE PLACEMENT OF SUCH
TOWER.
C. NO 5G TELECOMMUNICATIONS TOWER MAY BE PLACED WITHOUT THE APPROVAL
OF THE LOCAL COMMUNITY BOARD. IN ADDITION TO SUCH REQUIREMENT, BEFORE
THE PLACEMENT OF ANY 5G TELECOMMUNICATIONS TOWER MAY BE APPROVED, A CITY
ENVIRONMENTAL QUALITY REVIEW SHALL BE CONDUCTED TO DETERMINE IF THE
PLACEMENT OF SUCH TOWER WILL HAVE ANY DETERIORATING IMPACT ON THE ENVI-
RONMENT. THE RESULTS OF SUCH REVIEW SHALL BE PROVIDED TO THE APPLICABLE
LOCAL COMMUNITY BOARD ONCE COMPLETED.
§ 3. This act shall take effect immediately.