New York Senate Bill S05123 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5123 2023-2024 Regular Sessions  IN SENATE February 23, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the general municipal law and the administrative code of the city of New York, in relation to the regulation of fifth gener- ation (5G) telecommunications towers in cities with a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new 2 section 137 to read as follows: 3 § 137. Regulation of fifth generation (5G) telecommunications towers 4 in cities with a population of one million or more. 1. For purposes of 5 this section, "fifth generation (5G) telecommunications tower" means any 6 freestanding tower, monopole or similar structure used for the provision 7 of fifth generation wireless services including ancillary telecommuni- 8 cations equipment required to integrate such tower, monopole or similar 9 structure into an existing or proposed wireless network. 10 2. In cities with a population of one million or more, it shall be 11 prohibited for any 5G telecommunications tower to be located within two 12 hundred fifty feet of a business or personal residence, unless written 13 consent is provided by the owner of such business or personal residence 14 permitting the placement of such tower. 15 3. In cities with a population of one million or more, no 5G telecom- 16 munications tower may be placed without the approval of the local commu- 17 nity board. In addition to such requirement, before the placement of any 18 5G telecommunications tower may be approved, a city environmental quali- 19 ty review shall be conducted to determine if the placement of such tower 20 will have any deteriorating impact on the environment. The results of 21 such review shall be provided to the applicable local community board 22 once completed. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09815-01-3 
 S. 5123 2 1 § 2. The administrative code of the city of New York is amended by 2 adding a new section 10-124 to read as follows: 3 § 10-124 Regulation of fifth generation (5G) telecommunications 4 towers. a. For purposes of this section, "fifth generation (5G) telecom- 5 munications tower" means any freestanding tower, monopole or similar 6 structure used for the provision of fifth generation wireless services 7 including ancillary telecommunications equipment required to integrate 8 such tower, monopole or similar structure into an existing or proposed 9 wireless network. 10 b. In accordance with section one hundred thirty-seven of the general 11 municipal law, it shall be prohibited for any 5G telecommunications 12 tower to be located within two hundred fifty feet of a business or 13 personal residence, unless written consent is provided by the owner of 14 such business or personal residence permitting the placement of such 15 tower. 16 c. No 5G telecommunications tower may be placed without the approval 17 of the local community board. In addition to such requirement, before 18 the placement of any 5G telecommunications tower may be approved, a city 19 environmental quality review shall be conducted to determine if the 20 placement of such tower will have any deteriorating impact on the envi- 21 ronment. The results of such review shall be provided to the applicable 22 local community board once completed. 23 § 3. This act shall take effect immediately.