NY State Senate Bill 2021-S5926

Senate Bill S5926

2021-2022 Legislative Session

Establishes a temporary commission to study the environmental and health effects of evolving 5G technology

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Archive: Last Bill Status - In Senate Committee Internet And Technology 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 05, 2022	referred to internet and technology
Mar 23, 2021	referred to internet and technology

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2021-S5926 (ACTIVE) - Details

See Assembly Version of this Bill:: A6448
Current Committee:: Senate Internet And Technology
Law Section:: State Technology
Versions Introduced in 2023-2024 Legislative Session:: A6633

2021-S5926 (ACTIVE) - Summary

Establishes a temporary commission to study the environmental and health effects of evolving 5G technology.

2021-S5926 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5926

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To study the environmental and potential health effects of 5G technolo-
gy.

 
SUMMARY OF PROVISIONS: Section 1 is the Legislative intent.

Section 2 establishes a temporary commission to study the environmental
and health effects of evolving wireless technology.

Section 3 establishes the membership of the commission which shall
consist of fifteen members including four individuals with an expertise

on issues related to 5G technology to be appointed by the temporary
president of the senate; four individuals with an expertise on issues
related to 5G technology, to be appointed by the speaker of the assem-
bly; one member from the public with expertise in the biological effects
of wireless radiation, to be appointed by the governor; one member
representing the business community, to be appointed by the governor;
one member of the state medical society who specializes in environmental
medicine, to be appointed by the governor; one member of the cell
phone/wireless technology industry, to be appointed by the governor; the
commissioner of the department of health, or his or her designee; the
chief information officer of the office of information technology
services, or his or her designee; and the commissioner of the department
of environmental conservation, or his or her designee.  A chairperson
and vice-chairperson shall be elected by a majority of its members, all
members being present. Eight members shall constitute a quorum for the
purposes of conducting business.  Membership on the commission shall not
constitute a public office and members shall not receive compensation
for their services but shall be allowed their actual and necessary
expenses incurred in the performance of their duties.

Section 4 sets forth the duties and scope of inquiry of the commission
including to:

1. Examine the 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.

3. Receive testimony from the scientific community, the medical communi-
ty, wireless technology industry as well as other organizations and
members of the public with an interest in the deployment of 5G technolo-
gy.

4. Consider the questions set forth in section 4 and their impact on New
York state citizens.

Section 5 requires the commission to prepare and publish an interim and
final report of its findings and recommendations which report.  The
report shall provide any recommendations for proposed legislation devel-
oped by the commission.  The commission shall submit the interim report
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 to these officials on or before December 31, 2022. The commission
shall disband thirty days after submission of its final report.

Section 6 is the effective date.

 
JUSTIFICATION:

The implementation of 5G networks has the potential to dramatically
change connectivity between humans and devices. 5G is expected to
increase the ability to support smart homes, smart highways, the deliv-
ery of health care and more. it is estimated that 5G's high speed waves
will be capable of distributing information up to 100 times faster than
the current LTE/4G networks.

However, there are concerns that the very high-frequency spectrum known
as millimeter wavelengths used in the deployment of 5G poses adverse
health effects for the public. Since these high-speed waves cannot trav-
el long distances, or through walls and other natural features, as
conventional LTE/4G waves can, to implement a 5G network, telecommuni-
cations companies will need to add hundreds of thousands of small cell
sites. These small cell towers will be deployed much closer to where
people live, work and go to school. The addition of these small cell
stations and higher frequency waves have raised serious questions about
the adverse effects of radiofrequency (RF) radiation which will be emit-
ted.

One recent study released in November, 2018 by the National Toxicology
Program (NTP) an agency run by the Department of Health and Human
Services on cell phone radio frequency radiation (RFR,) found that high
exposure to 3G radio frequency radiation led to some cases of cancerous
heart tumors, brain tumors, and tumors in the adrenal glands of male
rats. While the NTP study was based on signal modulations used in 2G and
3G cell phones which are different than 5G, it highlights the need to
determine the potential health risks associated with the deployment of
5G.

This bill will establish a commission of experts in the field of tele-
communications, health and the environment to study the environmental
and health effects of this evolving technology, if any, and to make
recommendations as to how best to address them.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.  None to local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on December 31, 2022.

2021-S5926 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5926
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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

 S. 5926                             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

 S. 5926                             3
 
 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.

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Senate Bill S5926

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

co-Sponsors

Phil Boyle

Pete Harckham

Shelley B. Mayer

Kevin S. Parker

2021-S5926 (ACTIVE) - Details

2021-S5926 (ACTIVE) - Summary

2021-S5926 (ACTIVE) - Sponsor Memo

2021-S5926 (ACTIVE) - Bill Text download pdf

Comments