S T A T E   O F   N E W   Y O R K
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                                  4256

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M. of A. COLTON, LANCMAN, PHEFFER, CASTRO, ALFANO, KOLB,
  TOBACCO, WALKER -- Multi-Sponsored by -- M. of A. GLICK, HIKIND, MENG,
  SCHIMEL, TOWNS, WEISENBERG, WRIGHT -- read once and  referred  to  the
  Committee on Housing

AN  ACT  to  amend the real property law, in relation to requiring land-
  lords to hold a public forum with tenants prior  to  contracting  with
  cell  phone service carriers to mount cell phone towers on residential
  buildings; and to amend the education law, in  relation  to  requiring
  school  districts  to  provide parents and school faculty with written
  notification of cell phone towers being mounted onto school facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
238-a to read as follows:
  S 238-A. DUTY OF LANDLORD TO HOLD A PUBLIC  FORUM  PRIOR  TO  MOUNTING
CELLULAR  PHONE  TOWERS  ONTO  RESIDENTIAL BUILDING STRUCTURES. 1.   THE
TERMS  "CELLULAR  PHONE  TOWER",  "CELLULAR  PHONE  ANTENNA"  AND  "BASE
STATION"  AS  USED  IN THIS SECTION SHALL MEAN A STRUCTURE CONSISTING OF
RADIOS, COMPUTERIZED SWITCHING EQUIPMENT, AND ANTENNAS THAT RECEIVE  AND
TRANSMIT  RADIO FREQUENCY SIGNALS WHICH FACILITATE CELLULAR PHONE TRANS-
MISSION AND RECEPTION.
  2. A LANDLORD SHALL BE REQUIRED TO HOLD A PUBLIC FORUM WITH HIS OR HER
TENANTS PRIOR TO CONTRACTING WITH A CELL PHONE SERVICE CARRIER TO  MOUNT
A CELL PHONE TOWER, CELL PHONE ANTENNA OR BASE STATION ONTO THE RESIDEN-
TIAL BUILDING STRUCTURE.
  3.  A  LANDLORD  WHO VIOLATES SUBDIVISION TWO OF THIS SECTION SHALL BE
SUBJECT, IN ADDITION TO ANY OTHER PENALTIES THAT MAY  BE  PRESCRIBED  BY
LAW,  TO  A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR EACH DAY THAT
PASSES AFTER A BUILDING PERMIT HAS BEEN APPROVED  TO  BUILD  A  CELLULAR
PHONE  TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED ONTO
A RESIDENTIAL BUILDING STRUCTURE WITHOUT PROPER NOTIFICATION TO TENANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03520-02-9
              

A. 4256                             2

  S 2. The education law is amended by adding a  new  section  414-a  to
read as follows:
  S 414-A. NOTIFICATION ABOUT CELL PHONE TOWERS LOCATED ON SCHOOL FACIL-
ITIES.  1.  FOR  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE MEANINGS SET FORTH BELOW: (A) "SCHOOL" SHALL MEAN ANY PUBLIC  SCHOOL
DISTRICT  OR  PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES.
  (B) "FACILITY"  MEANS  ANY  SCHOOL  BUILDING  USED  FOR  INSTRUCTIONAL
PURPOSES AND ITS SURROUNDING GROUNDS, SITES AND OTHER GROUNDS TO BE USED
FOR  PLAYGROUNDS,  ATHLETICS  AND  OTHER INSTRUCTIONAL PURPOSES, AND ANY
ADMINISTRATIVE OFFICES.
  (C) "WRITTEN NOTIFICATION" SHALL  MEAN  NOTICE  IN  WRITING  THAT  IS:
PROVIDED  DIRECTLY TO STUDENTS' PARENTS OR GUARDIANS AND TO SCHOOL STAFF
MEMBERS; OR DELIVERED TO A RECEPTACLE DESIGNATED FOR  STUDENTS'  PARENTS
OR  GUARDIANS  AND  TO  STAFF MEMBERS; OR MAILED TO STUDENTS' PARENTS OR
GUARDIANS AND TO STAFF MEMBERS' LAST KNOWN ADDRESS; OR DELIVERED BY  ANY
OTHER REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER.
  2. SCHOOLS SHALL PROVIDE WRITTEN NOTIFICATION TO THE PARENT OR GUARDI-
AN  OF  A STUDENT AND TO SCHOOL FACULTY, STAFF AND ADMINISTRATORS BEFORE
CELL PHONE TOWERS, CELL PHONE ANTENNAS OR BASE STATIONS  ARE  PLACED  OR
MOUNTED ONTO SCHOOL FACILITIES.
  3.  ANY  SCHOOL THAT VIOLATES SUBDIVISION TWO OF THIS SECTION SHALL BE
SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS  FOR  EACH  DAY  THAT
PASSES  AFTER  A  BUILDING  PERMIT HAS BEEN APPROVED TO BUILD A CELLULAR
PHONE TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED  ONTO
A  SCHOOL FACILITY WITHOUT PROPER NOTIFICATION TO THE PARENT OR GUARDIAN
OF A STUDENT OR TO SCHOOL FACULTY, STAFF AND ADMINISTRATORS.
  S 3. Severability. If any provision of this  act  or  the  application
thereof  to any person or circumstance is adjudged invalid by a court of
competent jurisdiction, such judgment shall not  affect  or  impair  any
other provisions or applications of this act which can be effected with-
out the invalid provision or application, and to this end the provisions
of this act are severable.
  S 4. This act shall take effect immediately.