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Sponsors
Senator · Senate District 45
1 Co-sponsor
History
- Referred to infrastructure and capital investment
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the "wireless broadband eligible facility permitting act" to provide for uniform regulation of certain wireless facilities
In Assembly Committee · Local Governments · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to enacting the "wireless broadband eligible facility permitting act" providing for uniform municipal regulation of certain wireless facilities
Purpose
This legislation will put in place a uniform state siting process for the placement, collocation, modification and maintenance of wireless facilities. It is intended to ease the burden on local governments by reducing their administrative costs, and to incentivize wireless carriers to co-locate their equipment at existing wireless facility sites, rather than to construct new sites.
Summary of provisions
Section 1 sets forth the bill's legislative intent.
§ 2 titles the bill the Wireless Broadband Eligible Facility Permitting Act.
§ 3 adds a new General Municipal Law Article 13-E, which relates to the placement, collocation, modification or maintenance of wireless facilities.
GML § 300 defines key terms.
GML § 301 sets forth language regarding municipal authority to regulate the siting and installation of base stations and towers that ensures that local governments exercising this authority do so in a manner that conforms with federal law.
GML § 302 sets forth a process for local government consideration of eligible facilities requests.
GML § 303 provides for judicial review of actions that do not conform with the provisions of GML § 302.
§ 4 provides that this article supersedes any inconsistent state or local laws relating to the placement, collocation, modification or maintenance of wireless facilities.
§ 5 is the effective date.
Existing law
New York does not currently have any laws in place regarding the siting and installation of base stations and towers. There are a number of federal laws and Federal Communications Commission (FCC) regulations that govern the siting and installation of base stations and towers.
Justification
This legislation is intended to promote the investment in and upgrades to the state's wireless telephone and data networks by simplifying approvals for minor modifications to existing wireless facilities by exempting them from local zoning, land use or other discretionary siting permits and codifying the process to obtain such approvals.
By conforming state law and local processes with federal law, the bill is intended to provide an incentive for wireless carriers to maximize co-location at existing wireless facility sites (rather than constructing new sites). The legislation will also benefit local governments by providing them with clear guidance and direction through this process, which is largely governed by federal law and regulation.
Robust and reliable telecommunications networks are essential to the state's economy and to its economic growth. Having a statewide, uniform process for eligible wireless facility upgrades will encourage the wireless industry's continued capital deployment in the state. Wireless industry investment in network upgrades will ensure that the state's residents, businesses, and tourists will have access to the most modern networks that are needed to succeed in the 21st century.
Legislative history
New bill.
Fiscal implications
No cost to the state. The legislation should result in some cost savings for local governments.
Effective date
Takes effect 30 days after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.