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NY S00026
Bill
Status
1/4/2023
Primary Sponsor
Daniel Stec
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AI Summary
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Establishes uniform statewide permitting process for modifications to existing wireless towers and base stations that do not substantially change physical dimensions, exempting these "eligible facilities requests" from municipal zoning and land use permits.
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Requires municipalities to act on wireless facility applications within 90 days for base stations, 150 days for towers, and 60 days for eligible facilities requests, with failure to meet deadlines resulting in automatic approval.
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Eliminates environmental review requirements for eligible facilities requests, treating them as ministerial administrative decisions with no discretionary exercise.
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Permits municipalities to continue regulating wireless facility siting through zoning laws provided they comply with federal law, including FCC regulations and the Middle Class Tax Relief and Job Creation Act of 2012.
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Allows aggrieved parties to challenge municipal actions inconsistent with the law through expedited Supreme Court proceedings within 30 days, with state law provisions preempting any conflicting local laws.
Legislative Description
Enacts the "wireless broadband eligible facility permitting act" to provide for uniform regulation of certain wireless facilities.
Last Action
REFERRED TO LOCAL GOVERNMENT
1/3/2024