S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8637
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee 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:
 
   Section 1. Legislative intent. The legislature finds that fifth gener-
 ation, or 5G, wireless technology is intended to greatly increase device
 capability and connectivity but  also  may  pose  significant  risks  to
 humans,  animals,  and  the environment due to increased radio frequency
 radiation exposure. Therefore, the legislature  finds  a  commission  is
 needed  to examine the advantages and risks associated with 5G technolo-
 gy, with a focus  on  its  environmental  impact  and  potential  health
 effects on citizens of our state.
   §  2.  Commission. There is hereby established a temporary commission,
 to be known as the "commission to study  the  environmental  and  health
 effects  of  evolving 5G technology" (hereinafter "the commission"), for
 the purpose of studying the environmental and health effects of evolving
 wireless technologies, including fifth generation  or  "5G"  technology,
 including the use of earlier generation technologies.
   § 3. Membership. (a) The commission shall consist of twelve members to
 be appointed as follows:
   (1)  Three  members  of  the  assembly,  including one member from the
 health committee, one member from the energy committee  and  one  member
 from  the environmental   conservation committee, to be appointed by the
 speaker of the assembly.
   (2) Two members of the senate, including one member  from  the  health
 committee  and one member from the energy and telecommunications commit-
 tee to be appointed by the temporary president of the senate.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13710-02-9
              

 A. 8637                             2
 
   (3) One member from  the  public  with  expertise  in  the  biological
 effects of wireless radiation, to be appointed by the governor.
   (4) One member representing the business community, to be appointed by
 the governor.
   (5)  One  member of the state medical society who specializes in envi-
 ronmental medicine and is familiar with electromagnetic radiation, to be
 appointed by the society.
   (6) One member representing the state university system  knowledgeable
 in  radio  frequency  radiation,  to be appointed by the commissioner of
 education of the state of New York.
   (7) One member of the cell phone/wireless technology industry,  to  be
 appointed by the temporary president of the senate.
   (8)  The  commissioner of the department of health of the state of New
 York, or his or her designee.
   (9) The chief information officer of the office of  information  tech-
 nology services, or his or her designee.
   (b)  Vacancies  in the membership of the commission shall be filled in
 the manner provided for original appointments.
   (c) A chairperson and vice-chairperson  of  the  commission  shall  be
 elected  by  a majority of its members, all members being present. Seven
 members of the commission shall constitute a quorum for the purposes  of
 conducting business of the commission.
   (d)  The  commission may meet within and without the state, shall hold
 at least one public hearing each quarter, and shall have all the  powers
 of  a  legislative  committee pursuant to the legislative law. The first
 meeting of the commission shall be called by  the  first-named  assembly
 member. The first meeting of the commission shall be held within 45 days
 of the effective date of this act.
   (e) Membership on the commission shall not constitute a public office.
   (f)  The  members  of the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this act.
   § 4. Duties and reporting requirement. (a) The commission shall:
   (1) Examine the known and studied health and environmental impacts  of
 exposure  to  wireless radio frequency radiation emitted by waves in the
 300 kilohertz (kHz) - 100 gigahertz (GHz) range.
   (2) Assess the short and long-term health and environmental impacts of
 exposure to 5G technology, which requires small cell towers to be placed
 at a distance of 250 meters from each other  at  telephone  pole  height
 from the ground and will operate in conjunction with the 3G and 4G tech-
 nology infrastructure.
   (3)  Receive testimony from the scientific community including but not
 limited to physicists and electrical engineers,  the  medical  community
 including but not limited to cellular experts and oncologists, the wire-
 less  technology  industry including but not limited to cell phone busi-
 nesses and businesses working on the development of autonomous  vehicles
 which  will  rely  on  5G technology, as well as other organizations and
 members of the public with an interest in the deployment of 5G technolo-
 gy.
   (4) Consider the following questions and the impact they may  have  on
 New York state citizens, municipalities, and state government of:
   (i)  Why has the insurance industry recognized wireless radiation as a
 leading risk and has placed exclusions in their policies  for  financial
 damages  caused  by  health claims related to exposure to wireless radi-
 ation?

 A. 8637                             3
 
   (ii) Why  do  manufacturers  of  wireless  equipment,  including  cell
 phones, warn users to keep such devices at least 5mm from the body?
   (iii) Why have peer-reviewed studies, including the recently published
 U.S.  Toxicology Program 16-year $30 million study, showing a wide-range
 of  statistically significant DNA damage, brain and heart tumors, infer-
 tility, and many other ailments, been ignored by  the  Federal  Communi-
 cations Commission (FCC)?
   (iv)  Why have the FCC's wireless radiation human exposure guidelines,
 which are based only on thermal effects and do not account for the  non-
 thermal, non-ionizing, biological effects of wireless radiation not been
 updated for over 23 years?
   (v) Why are the FCC's wireless radiation human exposure guidelines set
 for  the  United  States  less  protective  than those in Russia, China,
 Italy, Switzerland, and most of Eastern Europe?
   (vi) Why did the World Health Organization (WHO) signify that wireless
 radiation is a Group B Possibly Carcinogenic to Humans category, a group
 that includes lead, thalidomide, and others, and why  are  some  experts
 who  sat on the WHO committee in 2011 now calling for it to be placed in
 the Group 1, which are known carcinogens, and why  is  such  information
 not being considered by the FCC?
   (vii)  Why have more than 220 of the world's leading scientists signed
 an appeal to the WHO and the United Nations  to  protect  public  health
 from wireless radiation and nothing has been done?
   (viii)  Why  have  the  cumulative  biological effects of ever-growing
 numbers of pulse signals added to the  electromagnetic  sine  waves  not
 been explored?
   §  5.  (a)  The commission shall prepare and publish an interim report
 and a final report of its  findings  and  recommendations.  The  reports
 shall:
   (1) Outline the advantages of, and risks associated with, 5G technolo-
 gy running in conjunction with the 3G and 4G technology infrastructure.
   (2)  Develop  a  strategy,  if deemed necessary, to limit the public's
 radiation exposure from 5G or lesser generation technology relying  upon
 electromagnetic waves.
   (3)  Include  a  public policy statement on 5G wireless systems, which
 either declares the technology safe  or  outlines  actions  required  to
 protect the health of its citizens and environment.
   (4) Consider alternatives to 5G technology such as fiber optic connec-
 tivity  that  provides  faster  speeds  and  safeguards the security and
 privacy of users.
   (5) Provide any recommendations for proposed legislation developed  by
 the commission.
   (b)  The  commission  shall  submit  the interim report required under
 subdivision (a) of this section to the  speaker  of  the  assembly,  the
 minority  leader of the assembly, the temporary president of the senate,
 the minority leader of the senate and the governor on or before  January
 1,  2021,  and  shall submit the final report required under subdivision
 (a) of this section to the speaker of the assembly, the minority  leader
 of  the  assembly,  the  temporary president of the senate, the minority
 leader of the senate and the governor on or before September 1, 2021.
   (c) The commission shall disband thirty days after submission  of  its
 final report.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed on October 1, 2021.