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S1184Senate2017-2018 Session

Ban Cell Towers Near Schools

Official title

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

Sponsor Carl L. MarcellinoSD-5Affects Local Government
Status
In Senate Committee
Local Government
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill prohibits the construction of wireless communication facilities on or within 1,500 feet of school property in New York.

Why it matters

  1. Aims to address health and safety concerns. by restricting the placement of wireless facilities near schools, responding to ongoing debates about potential risks from radiofrequency emissions and their effects on children.

  2. May impact local infrastructure and connectivity. , as it limits where municipalities and companies can install wireless towers and equipment, potentially reducing network coverage or slowing the expansion of high-speed wireless services in areas around schools.

  3. Could influence property values and community planning. by shaping what types of development and technology can be introduced near educational institutions, potentially affecting both school environments and surrounding neighborhoods.

  4. Places new regulatory responsibilities on local governments. , requiring them to enforce the siting restrictions and reevaluate existing permit procedures for wireless facilities, which may lead to legal challenges or administrative burdens.

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Who cares

  • Wireless carriers and facility developers

    The bill would bar placement, erection or construction of wireless telephone facilities, including antennas, towers and poles, on or within 1,500 feet of school property.

  • Municipalities and other permitting entities

    Those authorized to issue permits or licenses for wireless facilities would have to enforce the siting prohibition.

  • Public and private elementary and secondary schools

    Their entire property, including buildings, structures and land, would define the boundaries from which the 1,500-foot restriction is measured.

Headline styles

Ban Cell Towers Near Schools

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Education

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1184

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

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 Assembly, do enact as follows:

Section 1. The general municipal law is amended by adding a new section 99-x to read as follows:

§ 99-x. 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.

§ 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.

LBD05833-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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-v 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.391 of 2015/16.

Fiscal implications

None.

Effective date

This act shall take effect after 180 days.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.