Loading chat...

NY A02636

Bill

Status

Introduced

1/26/2023

Primary Sponsor

William Colton

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Establishes a uniform statewide process for municipal review of wireless facility placement, construction, and modification in municipalities without existing local laws governing such facilities.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Local Governments1/26/2023

Full Bill Text

No bill text available