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NY A02636
Bill
Status
1/26/2023
Primary Sponsor
William Colton
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AI Summary
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Establishes a uniform statewide process for municipal review of wireless facility placement, construction, and modification in municipalities without existing local laws governing such facilities.
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Requires applicants to obtain permits from municipal building inspectors and undergo public hearings within 90 days of application submission, with written decisions due within 62 days of the hearing.
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Sets standards for wireless facility approval including FCC compliance, minimization of visual impact, location restrictions (1,500 feet from elementary/secondary schools), prohibition of artificial illumination unless required by FAA, and vegetation preservation with landscaping requirements.
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Mandates applicants demonstrate specific need for proposed facilities, provide coverage analysis showing existing facilities cannot serve adequately, include public health data on radio wave effects, and show that co-locating with existing facilities is not technically and commercially reasonable.
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Allows municipalities to enact stricter local laws than the statewide minimum standards and requires contracts include provisions for removal of unused facilities after 12 months of non-use, with municipality authority to enforce removal and recover attorney fees.
Legislative Description
Enacts the "wireless facility siting act"; directs cities, towns and villages to regulate the siting of cellular communications facilities.
Last Action
referred to local governments
1/3/2024