Prohibits the construction of wireless communications facilities on or within fifteen hundred feet of school property.

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S920A-2011 Actions

• Jan 5, 2012: PRINT NUMBER 920A
• Jan 5, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 5, 2011: REFERRED TO LOCAL GOVERNMENT

S920A-2011 Memo

BILL NUMBER:S920A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to prohibiting the
construction of wireless communication facilities within fifteen hundred
feet of school property

PURPOSE:
This legislation prohibits the construction of wireless
communication facilities within fifteen hundred feet of school
property.

SUMMARY OF PROVISIONS:
The general municipal law is amended by adding
a new section 99-w to prohibit the construction of wireless
communication facilities within fifteen hundred feet of school
property.

JUSTIFICATION:
The towers needed to facilitate cell phone
communication have caused a great deal of concern. There are numerous
stories detailing the potential negative effects of exposure to the
electromagnetic radiation produced by cellular towers and facilities.
To date, there is not a definitive study on the possible long and
short term effects of radio frequency energy.

In the absence of assured safety of the radio frequency energy, this
legislation would restrict the placement of wireless communication
facilities within fifteen hundred feet of school property and protect
children from potential harm.

LEGISLATIVE HISTORY:
S.6941 of 2008 (Senate Local Government Committee)
S.581  of 2009/10 (Senate Local Government Committee)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it becomes a law.

S920A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   920--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
    when printed to be committed to the Committee on Local  Government  --
    recommitted  to  the  Committee on Local Government in accordance with
    Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  AN  ACT  to  amend the general municipal law, in relation to prohibiting
    the construction of wireless communication facilities  within  fifteen
    hundred feet of school property

    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 99-w to read as follows:

    S  99-W.  CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES ON OR NEAR
  SCHOOL PROPERTY; PROHIBITION. 1.  FOR  PURPOSES  OF  THIS  SECTION,  THE
  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

    (A)  "SCHOOL  PROPERTY"  SHALL MEAN ALL BUILDINGS, STRUCTURES AND LAND
  CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR  PRIVATE
  ELEMENTARY OR SECONDARY SCHOOL.
    (B) "WIRELESS COMMUNICATION FACILITY" SHALL MEAN AN UNSTAFFED FACILITY
  USED  IN  THE  RECEIPT  AND  TRANSMISSION OF WIRELESS TELEPHONE SERVICE,
  INCLUDING, BUT NOT LIMITED TO,  ANTENNAS,  ANCILLARY  TELECOMMUNICATIONS
  EQUIPMENT AND TELECOMMUNICATIONS TOWERS AND POLES.
    2.  A  MUNICIPAL  CORPORATION  OR OTHER ENTITY HAVING THE AUTHORITY TO
  ISSUE A PERMIT OR  LICENSE  TO  AUTHORIZE  THE  PLACEMENT,  ERECTION  OR
  CONSTRUCTION  OF  A  WIRELESS COMMUNICATION FACILITY SHALL PROHIBIT SUCH
  PLACEMENT, ERECTION OR CONSTRUCTION OF SUCH FACILITY ON SCHOOL  PROPERTY
  OR WITHIN FIFTEEN HUNDRED FEET OF SCHOOL PROPERTY.
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04396-02-1