STATE OF NEW YORK
________________________________________________________________________
6448
2021-2022 Regular Sessions
IN ASSEMBLY
March 17, 2021
___________
Introduced by M. of A. ABINANTI, ENGLEBRIGHT, SIMON -- read once and
referred to the Committee on Governmental Operations
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. Therefore, the legislature finds a commis-
4 sion is needed to examine the advantages and risks associated with 5G
5 technology, with a focus on its environmental impact and potential
6 health effects on citizens of our state.
7 § 2. Commission. There is hereby established a temporary commission,
8 to be known as the "commission to study the environmental and health
9 effects of evolving 5G technology" (hereinafter "the commission"), for
10 the purpose of studying the environmental and health effects of evolving
11 wireless technologies, including fifth generation or "5G" technology,
12 including the use of earlier generation technologies.
13 § 3. Membership. (a) The commission shall consist of fifteen members
14 to be appointed as follows:
15 (1) Four individuals with an expertise on issues related to 5G tech-
16 nology, including, but not limited to an expertise in public health, the
17 environment, or the effects of wireless radiation, to be appointed by
18 the temporary president of the senate.
19 (2) Four individuals with an expertise on issues related to 5G tech-
20 nology, including, but not limited to an expertise in public health, the
21 environment, or the effects of wireless radiation, to be appointed by
22 the speaker of the assembly.
23 (3) One member from the public with expertise in the biological
24 effects of wireless radiation, to be appointed by the governor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08131-03-1
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1 (4) One member representing the business community, to be appointed by
2 the governor.
3 (5) One member of the state medical society who specializes in envi-
4 ronmental medicine and is familiar with electromagnetic radiation, to be
5 appointed by the governor.
6 (6) One member of the cell phone/wireless technology industry, to be
7 appointed by the governor.
8 (7) The commissioner of the department of health of the state of New
9 York, or his or her designee.
10 (8) The chief information officer of the office of information tech-
11 nology services, or his or her designee.
12 (9) The commissioner of the department of environmental conservation,
13 or his or her designee.
14 (b) Vacancies in the membership of the commission shall be filled in
15 the manner provided for original appointments.
16 (c) A chairperson and vice-chairperson of the commission shall be
17 elected by a majority of its members, all members being present. Eight
18 members of the commission shall constitute a quorum for the purposes of
19 conducting business of the commission.
20 (d) The commission shall hold at least four public hearings in differ-
21 ent regions of the state which shall commence no later than 90 days
22 after the effective date of this act.
23 (e) Membership on the commission shall not constitute a public office.
24 (f) The members of the commission shall receive no compensation for
25 their services, but shall be allowed their actual and necessary expenses
26 incurred in the performance of their duties pursuant to this act.
27 § 4. Duties and scope of inquiry. The commission shall:
28 (a) Examine the health and environmental impacts of exposure to wire-
29 less radio frequency radiation emitted by waves in the 300 kilohertz
30 (kHz) - 100 gigahertz (GHz) range.
31 (b) Assess the short and long-term health and environmental impacts of
32 exposure to 5G technology, which requires small cell antennas to be
33 placed in close proximity to each other at telephone pole height from
34 the ground and will operate in conjunction with the existing 3G and 4G
35 technology infrastructure.
36 (c) Receive testimony from the medical community including but not
37 limited to experts in public health, epidemiology and oncology, the
38 scientific community including but not limited to biologists, physicists
39 and electrical engineers, the wireless technology industry including but
40 not limited to, wireless manufacturers and purveyors, as well as other
41 organizations and members of the public with an interest in the deploy-
42 ment of 5G technology.
43 (d) Consider the following questions:
44 (1) What peer-reviewed human, animal and cell studies are available
45 and what do they show regarding the potential effects of pulsed wireless
46 radiation on biological systems, human health and behavior, or the envi-
47 ronment?
48 (2) What are other countries setting as wireless radiation human expo-
49 sure guidelines and how do they compare to such guidelines in the United
50 States?
51 § 5. Reporting. (a) The commission shall prepare and publish an
52 interim report and a final report of its findings and recommendations.
53 The reports shall provide any recommendations for proposed legislation
54 developed by the commission.
55 (b) The commission shall submit the interim report required under
56 subdivision (a) of this section to the speaker of the assembly, the
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1 minority leader of the assembly, the temporary president of the senate,
2 the minority leader of the senate and the governor on or before June 1,
3 2022, and shall submit the final report required under subdivision (a)
4 of this section to the speaker of the assembly, the minority leader of
5 the assembly, the temporary president of the senate, the minority leader
6 of the senate and the governor on or before December 31, 2022.
7 § 6. This act shall take effect immediately and shall expire and be
8 deemed repealed December 31, 2022.
