Requires each school district and board of cooperative educational services to provide written notification to persons in parental relation to its students, of the terms of any agreement providing for the construction and/or installation of a wireless communication facility upon school property, and the potential health risks posed by the operation of such a facility.
STATE OF NEW YORK
________________________________________________________________________
5329
2011-2012 Regular Sessions
IN ASSEMBLY
February 15, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring parental
notification of the proposed construction of a wireless communication
facility upon school property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 409-l
2 to read as follows:
3 § 409-l. Notification of proposed construction of wireless communi-
4 cation facility. 1. For the purposes of this section the following terms
5 shall have the following meanings:
6 (a) "School" shall mean any school district or board of cooperative
7 educational services.
8 (b) "School property" shall mean any school building used for instruc-
9 tional purposes and its surrounding grounds, sites and other grounds to
10 be used for playgrounds, athletics and other instructional purposes, and
11 any administrative offices.
12 (c) "Wireless communication facility" shall mean an unstaffed facility
13 used in the receipt and transmission of wireless telephone service
14 including, but not limited to, antennas, ancillary telecommunications
15 equipment, and telecommunications towers and poles.
16 2. Immediately upon the receipt of a solicitation to negotiate for or
17 upon soliciting to negotiate for the construction or installation of any
18 wireless communication facility upon school property, the school shall
19 provide written notification, by first class mail, to each person in
20 parental relation to each student attending such school. The written
21 notification shall include all the terms, conditions and financial
22 provisions of the agreement providing for the construction and/or
23 installation of the wireless communication facility, and the immediate
24 and potential health risks posed by such facility.
25 § 2. This act shall take effect on the one hundred twentieth day after
26 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02394-02-1