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NY S04600

Bill

Status

Introduced

2/13/2023

Primary Sponsor

Kevin Parker

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

S. 4600 Summary

  • Adds Article 13-E to General Municipal Law establishing comprehensive definitions and regulations for small wireless facilities and micro wireless facilities deployment in New York State.

  • Prohibits municipal corporations from entering exclusive arrangements with wireless providers for right-of-way use and limits right-of-way rates to the direct and actual cost of managing the right-of-way, capped at $20 per utility pole or wireless support structure annually with small wireless facility antennas.

  • Classifies small and micro wireless facilities as permitted uses not subject to zoning review in rights-of-way or outside single-family residential zones; establishes 60-day application approval timeline with automatic approval if municipal corporation fails to act, and limits application fees to $100 per facility or lesser of building permit fees for similar commercial development.

  • Restricts collocation rates on municipal and designated service utility poles to $20 per year for wooden poles or $200 per year for metal/concrete/fiberglass poles, whichever is less, and prohibits exclusive pole attachment arrangements.

  • Prohibits municipal corporations from requiring wireless providers to indemnify municipalities except when provider negligence causes documented harm, and reserves court jurisdiction over all disputes arising under the article.

Legislative Description

Relates to small wireless facility development; defines terms and sets standards and fees; provides a municipal corporation may require a wireless provider to repair all damage to a right of way directly caused by the activities of the wireless provider; provides courts of competent jurisdiction shall have jurisdiction to determine all disputes arising under this article.

Last Action

REFERRED TO LOCAL GOVERNMENT

1/3/2024

Committee Referrals

Local Government2/13/2023

Full Bill Text

No bill text available