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A04422 Summary:

BILL NOA04422
 
SAME ASSAME AS S00036
 
SPONSORRa
 
COSPNSR
 
MLTSPNSR
 
Amd §119-a, Pub Serv L
 
Directs the public service commission to prohibit the attachment of wireless equipment or any other like attachments to existing utility poles in certain circumstances.
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A04422 Actions:

BILL NOA04422
 
02/04/2021referred to corporations, authorities and commissions
01/05/2022referred to corporations, authorities and commissions
05/03/2022held for consideration in corporations, authorities and commissions
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A04422 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4422
 
SPONSOR: Ra
  TITLE OF BILL: An act to amend the public service law, in relation to prohibiting the attachment of wireless equipment and other like attachments to existing utility poles in certain circumstances   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the attachment of wireless broadcast or relay equipment or any other like attachments to utility poles.   SUMMARY OF PROVISIONS: Section one amends § 119-a of, the Public Service Law to prohibit the attachment of wireless broadcast or relay equipment or any other like attachments to utility poles unless an existing easement is explicitly amended to include wireless equipment or a new easement is written and filed to allow for the attachment of wireless broadcast, relay equipment or any other like attachment to a utility pole. Section two provides an effective date.   JUSTIFICATION: Many New York residents are complaining about attachments being' installed on existing utility poles. Residents argue that not only are their rights as property owners being violated but that the attachment of wireless broadcast or relay equipment or any other attachments to utilities poles could result in potential health problems as they are unaware of the levels of radiation such attachments emit. Moreover, many NY residents are concerned about the effect on their property values as a result of attachments to utility poles. This bill would require an existing easement be explicitly amended in writing and then filed to include wireless equipment or a new easement be written and filed to allow the attachment of wireless broadcast or relay equipment or any other like attachment to a utility pole in order to protect property rights of New Yorkers.   PRIOR LEGISLATIVE HISTORY: A.6476 (2017)   McDonald: - referred to corporations, authorities and commissions A.8367 (2019) - referred to corporations, authorities and commissions   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A04422 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4422
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by M. of A. RA -- read once and referred to the Committee on
          Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law, in relation to  prohibiting  the
          attachment  of wireless equipment and other like attachments to exist-
          ing utility poles in certain circumstances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  opening  paragraph  of  section  119-a of the public
     2  service law is designated subdivision 1 and a new subdivision 2 is added
     3  to read as follows:
     4    2. The commission shall prohibit the attachment of wireless  broadcast
     5  or  relay  equipment, or any other like attachments, to any utility pole
     6  which was installed on, before or  after  the  effective  date  of  this
     7  subdivision,  or  unless  an  existing easement is explicitly amended in
     8  writing and filed to include wireless broadcast or relay  equipment,  or
     9  any  other  like attachments to a utility pole, or unless a new easement
    10  is written and filed to allow the attachment of  wireless  broadcast  or
    11  relay equipment, or any other like attachments, to a utility pole.  Such
    12  amendments  to  an  existing easement or a new easement shall not affect
    13  any adjoining property or property owners.
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02324-01-1
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