STATE OF NEW YORK
________________________________________________________________________
2996
2023-2024 Regular Sessions
IN SENATE
January 26, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the general business law, in relation to requiring cell
towers to be equipped with a back-up power source in case of a power
outage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-yyyy to read as follows:
3 § 399-yyyy. Macro cell tower sites; back-up power. 1. Every owner or
4 operator of macro cell tower sites located in this state shall, to the
5 extent practicable, equip all such macro cell tower sites with an emer-
6 gency back-up power source capable of providing adequate power to main-
7 tain the operation of such macro cell tower sites in the case of a loss
8 of power. Such emergency back-up power source shall use a renewable
9 energy system, fuel cell electric generating equipment, or an energy
10 storage system and be capable of powering a macro cell tower site for a
11 minimum of at least seventy-two hours. If a macro cell tower site is
12 already equipped with an emergency back-up power source prior to the
13 effective date of this section, then the owner or operator of such macro
14 tower site shall not be required to update such emergency back-up power
15 source to meet the requirements of this section, provided, however, that
16 once such emergency back-up power source needs to be replaced, the owner
17 or operator shall equip such macro cell tower site with an emergency
18 back-up power source that meets the requirements of this section.
19 2. For the purposes of this section, "macro cell tower site" shall
20 mean the place where wireless telecommunications equipment and network
21 components, including towers, transmitters, base stations, and emergency
22 powers necessary for providing wide area outdoor service, are located. A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01762-01-3
S. 2996 2
1 macro cell tower site shall not include rooftop, small cell, or outdoor
2 and indoor distributed antenna system sites.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.
