STATE OF NEW YORK
________________________________________________________________________
8637--A
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.
LBD13710-05-0
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.
