Bill S920A-2011

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

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

Details

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 920--A 2011-2012 Regular Sessions IN 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.

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