Enacts the wireless facility siting act; establishes one hundred twenty day moratorium on construction of wireless facilities in cities

Summary of specific provisions

Section 1: Legislative Intent.

Section 2: Establishes the Wireless Facility Siting Act.

Section 3: Adds General Municipal Law Article 13-E to establish minimum state-wide standards for municipal review and approval of cell towers. This article relates to the placement, construction and modification of wireless services facilities. It also directs the department of health to study, evaluate and make recommendations on the potential adverse health effects of radio frequency signals and microwave energy emitted by wireless communications service facilities and wireless communications devices.

The bill adds a new article 13-E to establish certain permit procedures and requirements that would:

* Require proof of need for the wireless facility, including a county map showing the location of existing wireless facilities;

* Require written notice of the construction of the facility to property owners and residents within 1,000 feet of proposed tower;

* Require that facilities must conform, were reasonably practicable, to the aesthetics of surrounding neighborhood, particularly those areas that are within historic districts or scenic areas;

* Require municipal boards to provide a decision in writing on the approval or denial of the application within 62 days after a public hearing;

* Require applicant to establish an escrow account at the request of the municipality to pay for an independent technical review of the application;

* Provide for the removal of facility by applicant if it is not used for a period over one year; and,

* Prevent wireless facilities from being constructed within 1,500 feet of a school.

* These review standards are minimum state-wide standards. Municipalities would be able to implement local laws that have stricter review standards.

Justification

New Yorkers are raising serious health, environmental and aesthetic concerns regarding the widespread construction of wireless facilities in their communities. Residents, elected officials and wireless companies all agree that there is a need to improve service and eliminate dead zones. However, that need should not justify the reckless placement of wireless towers, sometimes where they are not even needed, without appropriate oversight.

Residents are not given ample opportunity to comment on the construction of these towers which are being placed near their homes. Further, there can be insufficient oversight by municipalities on how, where and why these towers are being placed in close proximity to residential areas and schools. This bill is designed to promote responsible and efficient placement of wireless facilities.

This bill would require the creation of regulations for the siting of wireless facilities that would include public hearings, and criteria for approval that includes items such as location, aesthetics, public health, and environmental impacts, and the proof of need of these facilities. In addition, this legislation directs the Department of Health to conduct a study of the potential adverse health effects of radio frequency (FR) signals used by wireless communication towers by those who live and work near such towers.

Prior legislative history

2006 - S.6351 - Referred to Energy & Telecommunications 2008 - S.2286 - Referred to Energy & Telecommunications

Effective date

This act shall take effect immediately, with provisions.