NY State Senate Bill 2019-S5313

Senate Bill S5313

2019-2020 Legislative Session

Directs the public service commission to prohibit the attachment of wireless equipment or any other like attachments to existing utility poles in certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Apr 25, 2019	referred to energy and telecommunications

2019-S5313 (ACTIVE) - Details

See Assembly Version of this Bill:: A8367
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §119-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6687, A8476
2021-2022: S36, A4422
2023-2024: A3054

2019-S5313 (ACTIVE) - Summary

Directs the public service commission to prohibit the attachment of wireless equipment or any other like attachments to existing utility poles in certain circumstances.

2019-S5313 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5313

SPONSOR: THOMAS
 
TITLE OF BILL:  An act to amend the public service law, in relation to
prohibiting the attachment of wireless equipment and other like attach-
ments to existing utility poles in certain circumstances

 
PURPOSE:

To prohibit the attachment of wireless broadcast or relay equipment or
any other like attachments to utility poles.

 
SUMMARY OF PROVISIONS:

Section one amends § 119-a of the Public Service Law to prohibit the
attachment of wireless broadcast or relay equipment or any other like
attachments to utility poles unless an existing easement is explicitly
amended to include wireless equipment or a new easement is written and
filed to allow for the attachment of wireless broadcast, relay equipment
or any other like attachment to a utility pole.

Section two provides an effective date.

 
JUSTIFICATION:

Many New York residents are complaining about attachments being
installed on existing utility poles. Residents argue that not only are
their rights as property owners being violated but that the attachment
of wireless broadcast or relay equipment or any other attachments to
utilities poles could result in potential health problems as they are
unaware of the levels of radiation such attachments emit. Moreover, many
NY residents are concerned about the effect on their property values as
a result of attachments to utility poles.

This bill would require an existing easement be explicitly amended in
writing and then filed to include wireless equipment or a new easement
be written and filed to allow the attachment of wireless broadcast or
relay equipment or any other like attachment to a utility pole in order
to protect property rights of New Yorkers.

 
LEGISLATIVE HISTORY:

2017-2018: 5.6687 (Hannon) / A.8476 (McDonald)- Referred to Energy
Committee

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5313 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5313
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public service law, in relation to prohibiting the
   attachment of wireless equipment and other like attachments to  exist-
   ing utility poles in certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening  paragraph  of  section  119-a  of  the  public
 service law is designated subdivision 1 and a new subdivision 2 is added
 to read as follows:
   2.  THE COMMISSION SHALL PROHIBIT THE ATTACHMENT OF WIRELESS BROADCAST
 OR RELAY EQUIPMENT, OR ANY OTHER LIKE ATTACHMENTS, TO ANY  UTILITY  POLE
 WHICH  WAS  INSTALLED  ON,  BEFORE  OR  AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, OR UNLESS AN EXISTING EASEMENT  IS  EXPLICITLY  AMENDED  IN
 WRITING  AND  FILED TO INCLUDE WIRELESS BROADCAST OR RELAY EQUIPMENT, OR
 ANY OTHER LIKE ATTACHMENTS TO A UTILITY POLE, OR UNLESS A  NEW  EASEMENT
 IS  WRITTEN  AND  FILED TO ALLOW THE ATTACHMENT OF WIRELESS BROADCAST OR
 RELAY EQUIPMENT, OR ANY OTHER LIKE ATTACHMENTS, TO A UTILITY POLE.  SUCH
 AMENDMENTS TO AN EXISTING EASEMENT OR A NEW EASEMENT  SHALL  NOT  AFFECT
 ANY ADJOINING PROPERTY OR PROPERTY OWNERS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11323-01-9

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