NY State Senate Bill 2011-S1794

Senate Bill S1794

2011-2012 Legislative Session

Requires landlords to hold public forums with tenants before permitting cell phone towers to be placed on residential buildings; requires school to notify parents and school faculty

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to judiciary
Jan 12, 2011	referred to judiciary

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2011-S1794 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §238-a, RP L; add §414-a, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S4913

2011-S1794 (ACTIVE) - Summary

Requires landlords to hold a public forum with tenants prior to contracting with cell phone carriers to mount cell phone towers on residential buildings; requires school districts to provide parents and school faculty with written notification of cell phone towers being mounted onto school facilities.

2011-S1794 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1794

TITLE OF BILL:
An act
to amend the real property law, in relation to
requiring landlords 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

PURPOSE OR GENERAL IDEA OF BILL:
To provide prior notification to tenants in residential buildings when
cell phone service carriers approach their landlord with an offer to
build cell antennas on the roof or side of the building. The bill
also instructs school districts to notify parents and school faculty
of such negotiations, prior to the approval of a building permit.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the Real Property Law to add a new section 238-a. It
requires landlords to hold a public forum 45 days prior to entering
into a contract to mount a cellular phone tower on a residential
building structure.
A violation of this section results in a civil penalty of two-hundred
and fifty dollars for each day that passes after a building permit

has been approved and no forum has been conducted.

Section 2: Amends Education Law to add a new section 414-a. It defines
the terms "Facility", and "Written Notification". Requires schools to
provide written notification to the parent or guardian of a student
and to school faculty, staff and administrators 45 days before cell
phone towers, cell phone antennas, or base stations are placed or
mounted onto school facilities. A violation of this section results
in a civil penalty of five _ hundred dollars for each day that passes
after a building permit has been approved without proper notification.

JUSTIFICATION:
Tenants should have the right to know when a landlord has agreed to
place a cell tower on the roof or side of a residential building.
Cell phone service carriers compensate the landlord for placing
towers on their building, while tenants are left without a voice in
the process.

It is important that a tenant has the opportunity to express his/her
opinion when a cell tower is going to be placed where they live,
especially since the health effects from human exposure are not fully
known.

Under current Federal FCC regulations, states cannot regulate or
prevent the placement of cell towers on residential buildings based
upon allegations that the energy emitted causes environmental or
health effects.

However, complaints and requests for an environmental review can be
applied for within three months of the building permit's approval. It


is only fair that tenants are made aware of the landlord's
intentions, and give them ample time to file a complaint.

Schools are both institutions for learning and also a work place
environment for teachers and other faculty. Both parents and faculty
should be made aware of the school's intentions to build cell towers,
and should be given time to voice their concerns.

PRIOR LEGISLATIVE HISTORY:
2009/2010 - S.4913 - Referred to Judiciary Committee

FISCAL IMPLICATIONS:
None. This bill could potentially raise revenue for the state through
the collection of fines.

EFFECTIVE DATE:
180 days after it shall have become law.

2011-S1794 (ACTIVE) - Bill Text download pdf

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

                                  1794

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary

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.  THE TERM "RESIDENTIAL BUILDING" AS USED IN  THIS
SECTION SHALL MEAN A RESIDENTIAL BUILDING THAT HAS FOUR OR MORE DWELLING
UNITS OR APARTMENTS.
  2. A LANDLORD SHALL BE REQUIRED TO HOLD A PUBLIC FORUM WITH HIS OR HER
TENANTS  NOT  LESS THAN FORTY-FIVE DAYS PRIOR TO CONTRACTING WITH A CELL
PHONE SERVICE CARRIER TO MOUNT OR ATTACH A CELL PHONE TOWER, CELL  PHONE
ANTENNA  OR  BASE STATION ONTO THE RESIDENTIAL BUILDING STRUCTURE.  EACH
SUCH LANDLORD SHALL PROVIDE WRITTEN NOTICE OF SUCH PUBLIC FORUM TO  EACH
TENANT  OF  THE RESIDENTIAL BUILDING NOT LESS THAN TEN DAYS PRIOR TO THE
PUBLIC FORUM. THE NOTICE SHALL INCLUDE THE DATE, TIME, PLACE AND PURPOSE
OF SUCH FORUM. EVERY PUBLIC FORUM SHALL BE HELD AT A  COMMON  AREA  WITH
THE RESIDENTIAL BUILDING TO WHICH IT RELATES. THE PUBLIC FORUMS REQUIRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05417-01-1

S. 1794                             2

BY  THIS  SECTION  SHALL  BE  OPEN SOLELY TO THE LANDLORD AND HIS OR HER
AGENTS, AND THE TENANTS OF THE AFFECTED RESIDENTIAL BUILDING.
  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 OR
ATTACHED ONTO A RESIDENTIAL BUILDING STRUCTURE WITHOUT PROPER  NOTIFICA-
TION TO TENANTS.
  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, 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  MAILED  TO  STUDENTS'  PARENTS  OR  GUARDIANS AND TO STAFF
MEMBERS' LAST KNOWN ADDRESS; OR DELIVERED BY ANY OTHER REASONABLE  METH-
ODS  AUTHORIZED BY THE CHANCELLOR, SCHOOL DISTRICT SUPERINTENDENT, PRIN-
CIPAL OR HEADMASTER INCLUDING, BUT NOT LIMITED  TO,  INTERNET  NOTIFICA-
TION.
  2. SCHOOLS SHALL PROVIDE WRITTEN NOTIFICATION TO THE PARENT OR GUARDI-
AN OF A STUDENT AND TO SCHOOL FACULTY, STAFF AND ADMINISTRATORS NOT LESS
THAN  FORTY-FIVE  DAYS  BEFORE CELL PHONE TOWERS, CELL PHONE ANTENNAS OR
BASE STATIONS ARE PLACED, MOUNTED OR ATTACHED 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 OR
ATTACHED ONTO A SCHOOL  FACILITY  WITHOUT  PROPER  NOTIFICATION  TO  THE
PARENT OR GUARDIAN OF A STUDENT OR TO SCHOOL FACULTY, STAFF AND ADMINIS-
TRATORS.
  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 on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S1794

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Sponsored By

Jeffrey D. Klein