NY State Senate Bill 2023-S5123

Senate Bill S5123

2023-2024 Legislative Session

Relates to the regulation of fifth generation (5G) telecommunications towers in cities with a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 1 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Feb 23, 2023	referred to cities 1

2023-S5123 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: General Municipal Law
Laws Affected:: Add §137, Gen Muni L; add §10-124, NYC Ad Cd
Versions Introduced in 2025-2026 Legislative Session:: S7106

2023-S5123 (ACTIVE) - Summary

Prohibits the placement of fifth generation (5G) telecommunications towers within 250 feet of a business or residence in cities with a population of one million or more without the owner's consent; requires community board approval and the completion of a city environmental quality review before the placement of any 5G tower can be approved.

2023-S5123 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5123

SPONSOR: LANZA
 
TITLE OF BILL:

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 generation
(5G) telecommunications towers in cities with a population of one
million or more

 
PURPOSE:

To make the siting of 5G towers in New York City transparent to the
public and environmentally safe to communities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 137 to the general municipal law.

Section 2 adds a new section 10-124 to the administrative code of the
city of New York.

Section 3 is the effective date.

 
JUSTIFICATION:

As New York City government starts to give approval for the installation
of 2,000 5G towers scattered across all five Boroughs, city residents
have been voicing their concern about government transparency, tower
locations in their neighborhoods, and community environmental health
impacts. It has been reported that these towers are popping up very
close to where people and especially children live, work and play. Ever
since these towers have been installed there has been a lack of govern-
ment transparency and communication with local residents. These towers
are being installed next to homes and businesses without residents'
knowledge. People are also concerned about possible health impacts that
these towers may cause without review from government and health agen-
cies. To alleviate these concerns this bill would require that towers
cannot be installed within 250 feet of a residence or business without
consent from the building's owner. It would also require Community Board
approval of such towers and a City Environmental Quality Review (CEQR)
to be conducted to protect communities from environmental harm that
these towers may cause.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5123 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5123
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 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.

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