A08637 Summary:

COSPNSREnglebright, Simon
Establishes a temporary commission to study the environmental and health effects of evolving 5G technology.
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A08637 Actions:

10/02/2019referred to governmental operations
01/08/2020referred to governmental operations
05/28/2020amend and recommit to governmental operations
05/28/2020print number 8637a
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A08637 Committee Votes:

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A08637 Floor Votes:

There are no votes for this bill in this legislative session.
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A08637 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     October 2, 2019
        Introduced  by  M. of A. ABINANTI, ENGLEBRIGHT -- read once and referred
          to the Committee on Governmental  Operations  --  recommitted  to  the
          Committee  on Governmental Operations in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        AN  ACT  establishing a commission to study the environmental and health
          effects of evolving 5G technology; and providing  for  the  repeal  of
          such provisions upon expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature finds that fifth gener-
     2  ation, or 5G, wireless technology is intended to greatly increase device
     3  capability and connectivity but  also  may  pose  significant  risks  to
     4  humans,  animals,  and  the environment due to increased radio frequency
     5  radiation exposure. Therefore, the legislature  finds  a  commission  is
     6  needed  to examine the advantages and risks associated with 5G technolo-
     7  gy, with a focus  on  its  environmental  impact  and  potential  health
     8  effects on citizens of our state.
     9    §  2.  Commission. There is hereby established a temporary commission,
    10  to be known as the "commission to study  the  environmental  and  health
    11  effects  of  evolving 5G technology" (hereinafter "the commission"), for
    12  the purpose of studying the environmental and health effects of evolving
    13  wireless technologies, including fifth generation  or  "5G"  technology,
    14  including the use of earlier generation technologies.
    15    §  3. Membership. (a) The commission shall consist of fourteen members
    16  to be appointed as follows:
    17    (1) Four members of the assembly, including one member from the health
    18  committee, one member from the energy committee,  one  member  from  the
    19  corporations,  authorities and commissions and one member from the envi-
    20  ronmental  conservation committee, to be appointed by the speaker of the
    21  assembly.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8637--A                          2
     1    (2) Three members of the senate, including one member from the  health
     2  committee,  one  member  from the internet and technology commission and
     3  one member from  the  energy  and  telecommunications  committee  to  be
     4  appointed by the temporary president of the senate.
     5    (3)  One  member  from  the  public  with  expertise in the biological
     6  effects of wireless radiation, to be appointed by the governor.
     7    (4) One member representing the business community, to be appointed by
     8  the governor.
     9    (5) One member of the state medical society who specializes  in  envi-
    10  ronmental medicine and is familiar with electromagnetic radiation, to be
    11  appointed by the society.
    12    (6)  One member representing the state university system knowledgeable
    13  in radio frequency radiation, to be appointed  by  the  commissioner  of
    14  education of the state of New York.
    15    (7)  One  member of the cell phone/wireless technology industry, to be
    16  appointed by the temporary president of the senate.
    17    (8) The commissioner of the department of health of the state  of  New
    18  York, or his or her designee.
    19    (9)  The  chief information officer of the office of information tech-
    20  nology services, or his or her designee.
    21    (b) Vacancies in the membership of the commission shall be  filled  in
    22  the manner provided for original appointments.
    23    (c)  A  chairperson  and  vice-chairperson  of the commission shall be
    24  elected by a majority of its members, all members being  present.  Eight
    25  members  of the commission shall constitute a quorum for the purposes of
    26  conducting business of the commission.
    27    (d) The commission may meet within and without the state,  shall  hold
    28  at  least one public hearing each quarter, and shall have all the powers
    29  of a legislative committee pursuant to the legislative  law.  The  first
    30  meeting  of  the  commission shall be called by the first-named assembly
    31  member. The first meeting of the commission shall be held within 45 days
    32  of the effective date of this act.
    33    (e) Membership on the commission shall not constitute a public office.
    34    (f) The members of the commission shall receive  no  compensation  for
    35  their services, but shall be allowed their actual and necessary expenses
    36  incurred in the performance of their duties pursuant to this act.
    37    § 4. Duties and scope of inquiry. (a) The commission shall:
    38    (1)  Examine the known and studied health and environmental impacts of
    39  exposure to wireless radio frequency radiation emitted by waves  in  the
    40  300 kilohertz (kHz) - 100 gigahertz (GHz) range.
    41    (2) Assess the short and long-term health and environmental impacts of
    42  exposure  to  5G  technology,  which  requires small cell antennas to be
    43  placed in close proximity to each other at telephone  pole  height  from
    44  the  ground  and will operate in conjunction with the existing 3G and 4G
    45  technology infrastructure.
    46    (3) Receive testimony from the medical  community  including  but  not
    47  limited  to  experts  in  public  health, epidemiology and oncology, the
    48  scientific community including but not limited to biologists, physicists
    49  and electrical engineers, the wireless technology industry including but
    50  not limited to, wireless manufacturers and purveyors, as well  as  other
    51  organizations  and members of the public with an interest in the deploy-
    52  ment of 5G technology.
    53    (4) Consider the following questions and the impact they may  have  on
    54  the citizens of New York state:

        A. 8637--A                          3
     1    (i)  Why has the insurance industry recognized wireless radiation as a
     2  significant risk, and refused to insure wireless companies for financial
     3  loss due to health claims related to exposure to wireless radiation?
     4    (ii)  Why  are  manufacturers  of  wireless  equipment, including cell
     5  phones, required to warn users to keep such devices away from the body?
     6    (iii) How have peer-reviewed studies, including the recently published
     7  U.S.  Toxicology Program 16-year $30 million study, showing a wide-range
     8  of statistically significant DNA damage, brain and heart tumors,  infer-
     9  tility,  and  many  other  ailments, been interpreted by U.S. government
    10  agencies?
    11    (iv) Why has the FCC declined to update its 25-year old wireless radi-
    12  ation human exposure guidelines, which are based only on thermal effects
    13  and do not consider the  non-thermal,  biological  effects  of  wireless
    14  radiation?
    15    (v) Why are the FCC's wireless radiation human exposure guidelines set
    16  for  the  United  States  less  protective  than those in Russia, China,
    17  Italy, Switzerland, and most of Eastern Europe?
    18    (vi) Why have more than 220 of the world's leading  scientists  signed
    19  an  appeal  to  the  World Health Organization and the United Nations to
    20  protect public health from wireless radiation and nothing has been done?
    21    (vii) What is known about how the transmissions  of  wireless  signals
    22  can impact the natural world, including plants, insects, birds and other
    23  animals?
    24    (viii)  What  are the cumulative effects of pulsed wireless signals on
    25  human health?
    26    § 5. Reporting.   (a) The commission  shall  prepare  and  publish  an
    27  interim  report  and a final report of its findings and recommendations.
    28  The reports shall:
    29    (1) Outline the advantages of, and risks associated with, 5G technolo-
    30  gy running in conjunction with the 3G and 4G technology infrastructure.
    31    (2) Develop a strategy, if deemed necessary,  to  limit  the  public's
    32  radiation exposure from other wireless technologies.
    33    (3)  Include  a  public policy statement on 5G wireless systems, which
    34  either declares the technology safe  or  outlines  actions  required  to
    35  protect the health of its citizens and environment.
    36    (4) Consider alternatives to 5G technology such as fiber optic connec-
    37  tivity  that  provides  faster  speeds  and  safeguards the security and
    38  privacy of users.
    39    (5) Provide any recommendations for proposed legislation developed  by
    40  the commission.
    41    (b)  The  commission  shall  submit  the interim report required under
    42  subdivision (a) of this section to the  speaker  of  the  assembly,  the
    43  minority  leader of the assembly, the temporary president of the senate,
    44  the minority leader of the senate and the governor on or before June  1,
    45  2021,  and  shall submit the final report required under subdivision (a)
    46  of this section to the speaker of the assembly, the minority  leader  of
    47  the assembly, the temporary president of the senate, the minority leader
    48  of the senate and the governor on or before September 1, 2021.
    49    (c)  The  commission shall disband thirty days after submission of its
    50  final report.
    51    § 6. This act shall take effect immediately and shall  expire  and  be
    52  deemed repealed December 31, 2021.
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