S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6448
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 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. Therefore, the legislature finds a commis-
 sion is needed to examine the advantages and risks  associated  with  5G
 technology,  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  fifteen  members
 to be appointed as follows:
   (1)  Four  individuals with an expertise on issues related to 5G tech-
 nology, including, but not limited to an expertise in public health, the
 environment, or the effects of wireless radiation, to  be  appointed  by
 the temporary president of the senate.
   (2)  Four  individuals with an expertise on issues related to 5G tech-
 nology, including, but not limited to an expertise in public health, the
 environment, or the effects of wireless radiation, to  be  appointed  by
 the speaker of the assembly.
   (3)  One  member  from  the  public  with  expertise in the biological
 effects of wireless radiation, to be appointed by the governor.

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

                                                            LBD08131-03-1

 A. 6448                             2
 
   (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 governor.
   (6) One member of the cell phone/wireless technology industry,  to  be
 appointed by the governor.
   (7)  The  commissioner of the department of health of the state of New
 York, or his or her designee.
   (8) The chief information officer of the office of  information  tech-
 nology services, or his or her designee.
   (9)  The commissioner of the department of environmental conservation,
 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 shall hold at least four public hearings in differ-
 ent regions of the state which shall commence  no  later  than  90  days
 after 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. The commission shall:
   (a) Examine the health and environmental impacts of exposure to  wire-
 less  radio  frequency  radiation  emitted by waves in the 300 kilohertz
 (kHz) - 100 gigahertz (GHz) range.
   (b) 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.
   (c)  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.
   (d) Consider the following questions:
   (1)  What  peer-reviewed  human, animal and cell studies are available
 and what do they show regarding the potential effects of pulsed wireless
 radiation on biological systems, human health and behavior, or the envi-
 ronment?
   (2) What are other countries setting as wireless radiation human expo-
 sure guidelines and how do they compare to such guidelines in the United
 States?
   § 5. Reporting.   (a) The commission  shall  prepare  and  publish  an
 interim  report  and a final report of its findings and recommendations.
 The reports shall 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

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 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 December 31, 2022.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2022.