Prohibits the placement of fifth generation (5G) telecommunications towers within 250 feet of a business or residence in cities with a population of one million or more without the owner's consent; requires community board approval and the completion of a city environmental quality review before the placement of any 5G tower can be approved.
STATE OF NEW YORK
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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.
