Assembly Bill A1113

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1113
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. SEAWRIGHT, LEE -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT establishing a commission to study the environmental  and  health
   effects  of  evolving  5G  technology; and providing for the repeal of
   such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that fifth gener-
 ation, or 5G, wireless technology is intended to greatly increase device
 capability  and connectivity. Therefore, the legislature finds a commis-
 sion is needed to examine the advantages and risks  associated  with  5G
 technology,  with  a  focus  on  its  environmental impact and potential
 health effects on citizens of our state.
   § 2. Commission. There is hereby established a  temporary  commission,
 to  be  known  as  the "commission to study the environmental and health
 effects of evolving 5G technology" (hereinafter "the  commission"),  for
 the purpose of studying the environmental and health effects of evolving
 wireless  technologies,  including  fifth generation or "5G" technology,
 including the use of earlier generation technologies.
   § 3. Membership. (a) The commission shall consist of  fifteen  members
 to be appointed as follows:
   (1)  Four  individuals with an expertise on issues related to 5G tech-
 nology, including, but not limited to an expertise in public health, the
 environment, or the effects of wireless radiation, to  be  appointed  by
 the temporary president of the senate.
   (2)  Four  individuals with an expertise on issues related to 5G tech-
 nology, including, but not limited to an expertise in public health, the
 environment, or the effects of wireless radiation, to  be  appointed  by
 the speaker of the assembly.
   (3)  One  member  from  the  public  with  expertise in the biological
 effects of wireless radiation, to be appointed by the governor.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01023-01-5
              

 A. 1113                             2
 
   (4) One member representing the business community, to be appointed by
 the governor.
   (5)  One  member of the state medical society who specializes in envi-
 ronmental medicine and is familiar with electromagnetic radiation, to be
 appointed by the governor.
   (6) One member of the cell phone/wireless technology industry,  to  be
 appointed by the governor.
   (7)  The  commissioner of the department of health of the state of New
 York or their designee.
   (8) The chief information officer of the office of  information  tech-
 nology services or their designee.
   (9)  The  commissioner of the department of environmental conservation
 or their designee.
   (b) Vacancies in the membership of the commission shall be  filled  in
 the manner provided for original appointments.
   (c)  A  chair  and  vice-chair of the commission shall be elected by a
 majority of its members, all members being present. Eight members of the
 commission shall constitute a quorum  for  the  purposes  of  conducting
 business of the commission.
   (d) The commission shall hold at least four public hearings in differ-
 ent  regions  of  the  state  which shall commence no later than 90 days
 after the effective date of this act.
   (e) Membership on the commission shall not constitute a public office.
   (f) The members of the commission shall receive  no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this act.
   § 4. Duties and scope of inquiry. The commission shall:
   (a)  Examine the health and environmental impacts of exposure to wire-
 less radio frequency radiation emitted by waves  in  the  300  kilohertz
 (kHz) - 100 gigahertz (GHz) range.
   (b) Assess the short and long-term health and environmental impacts of
 exposure  to  5G  technology,  which  requires small cell antennas to be
 placed in close proximity to each other at telephone  pole  height  from
 the  ground  and will operate in conjunction with the existing 3G and 4G
 technology infrastructure.
   (c) Receive testimony from the medical  community  including  but  not
 limited  to  experts  in  public  health, epidemiology and oncology, the
 scientific community including but not limited to biologists, physicists
 and electrical engineers, the wireless technology industry including but
 not limited to, wireless manufacturers and purveyors, as well  as  other
 organizations  and members of the public with an interest in the deploy-
 ment of 5G technology.
   (d) Consider the following questions:
   (1) What peer-reviewed human, animal and cell  studies  are  available
 and what do they show regarding the potential effects of pulsed wireless
 radiation on biological systems, human health and behavior, or the envi-
 ronment?
   (2) What are other countries setting as wireless radiation human expo-
 sure guidelines and how do they compare to such guidelines in the United
 States?
   §  5.  Reporting.    (a)  The  commission shall prepare and publish an
 interim report and a final report of its findings  and  recommendations.
 The  reports  shall provide any recommendations for proposed legislation
 developed by the commission.
   (b) The commission shall submit  the  interim  report  required  under
 subdivision  (a)  of  this  section  to the speaker of the assembly, the
 A. 1113                             3
 
 minority leader of the assembly, the temporary president of the  senate,
 the  minority leader of the senate and the governor on or before June 1,
 2026, and shall submit the final report required under  subdivision  (a)
 of  this  section to the speaker of the assembly, the minority leader of
 the assembly, the temporary president of the senate, the minority leader
 of the senate and the governor on or before December 31, 2026.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2026.