S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4058
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. ABINANTI, ENGLEBRIGHT, SIMON -- read once and
   referred to the Committee 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 fourteen  members
 to be appointed as follows:
   (1) Four members of the assembly, including one member from the health
 committee,  one  member  from  the energy committee, one member from the
 corporations, authorities and commissions and one member from the  envi-
 ronmental  conservation committee, to be appointed by the speaker of the
 assembly.
   (2)  Three members of the senate, including one member from the health
 committee, one member from the internet and  technology  commission  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01818-01-1
              

 A. 4058                             2
 
 one  member  from  the  energy  and  telecommunications  committee to be
 appointed by the temporary president of the senate.
   (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.  Eight
 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 scope of inquiry. (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 antennas to be
 placed in close proximity to each other at telephone  pole  height  from
 the  ground  and will operate in conjunction with the existing 3G and 4G
 technology infrastructure.
   (3) Receive testimony from the medical  community  including  but  not
 limited  to  experts  in  public  health, epidemiology and oncology, the
 scientific community including but not limited to biologists, physicists
 and electrical engineers, the wireless technology industry including but
 not limited to, wireless manufacturers and purveyors, as well  as  other
 organizations  and members of the public with an interest in the deploy-
 ment of 5G technology.
   (4) Consider the following questions and the impact they may  have  on
 the citizens of New York state:
   (i)  Why has the insurance industry recognized wireless radiation as a
 significant risk, and refused to insure wireless companies for financial
 loss due to health claims related to exposure to wireless radiation?

 A. 4058                             3
 
   (ii) Why are  manufacturers  of  wireless  equipment,  including  cell
 phones, required to warn users to keep such devices away from the body?
   (iii) How 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  interpreted  by  U.S.  government
 agencies?
   (iv) Why has the FCC declined to update its 25-year old wireless radi-
 ation human exposure guidelines, which are based only on thermal effects
 and  do  not  consider  the  non-thermal, biological effects of wireless
 radiation?
   (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  have more than 220 of the world's leading scientists signed
 an appeal to the World Health Organization and  the  United  Nations  to
 protect public health from wireless radiation and nothing has been done?
   (vii)  What  is  known about how the transmissions of wireless signals
 can impact the natural world, including plants, insects, birds and other
 animals?
   (viii) What are the cumulative effects of pulsed wireless  signals  on
 human health?
   §  5.  Reporting.    (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 other wireless technologies.
   (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 June 1,
 2022, 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, 2022.
   (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 December 31, 2022.