STATE OF NEW YORK
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5332
2011-2012 Regular Sessions
IN ASSEMBLY
February 15, 2011
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Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to prohibiting
the placement and operation of wireless communication facilities at or
upon public housing, senior citizen housing and nursing home property
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 79 to read as follows:
3 § 79. Prohibition of wireless communication facilities. 1. For the
4 purposes of this section, the following terms shall have the following
5 meanings:
6 (a) "Nursing home" shall have the same meaning as is ascribed to such
7 term by subdivision two of section twenty-eight hundred one of the
8 public health law.
9 (b) "Public housing" shall have the same meaning as is ascribed to the
10 term publicly-assisted housing accommodations by subdivision eleven of
11 section two hundred ninety-two of the executive law.
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. No wireless communication facility shall be placed or operated upon
17 public housing, senior citizen housing or nursing home property. Nor
18 shall any operator of public housing, senior citizen housing or a nurs-
19 ing home negotiate for or enter into a contract for the placement or
20 operation of any wireless communication facility upon public housing,
21 senior citizen housing or nursing home property.
22 3. Any operator of public housing, senior citizen housing or a nursing
23 home which is in violation of subdivision two of this section on the
24 effective date of this section, shall, within one hundred eighty days of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02396-01-1
A. 5332 2
1 such date, terminate all contracts for the placement and/or operation of
2 a wireless communication facility upon the property thereof, and/or
3 remove any and all wireless communication facilities upon such property.
4 § 2. This act shall take effect immediately.
