NY State Senate Bill 2021-S695B

Senate Bill S695B

2021-2022 Legislative Session

Requires cell towers to be equipped with a back-up power source in case of a power outage

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jun 10, 2021	committed to rules
Feb 08, 2021	advanced to third reading
Feb 03, 2021	2nd report cal. amended 695b
Feb 02, 2021	1st report cal.247
Jan 27, 2021	print number 695a
Jan 27, 2021	amend and recommit to energy and telecommunications
Jan 06, 2021	referred to energy and telecommunications

Votes

- Feb 2, 2021 - Energy And Telecommunications Committee Vote
  S695B
  
  7
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 2, 2021
      
      aye (7)
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Parker
      
      Ritchie
      
      nay (1)
      
      Boyle
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S695 - Details

See Assembly Version of this Bill:: A3921
Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-yyyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8893, A10988
2023-2024: S2996, A88

2021-S695 - Summary

Requires cell towers to be equipped with a back-up power source in case of a power outage.

2021-S695 - Sponsor Memo

                                
 
BILL NUMBER: S695

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring cell
towers to be equipped with a back-up power source in case of a power
outage

 
PURPOSE:

This legislation would require every owner or operator of cellular
network infrastructure to the extent practicable equip the infrastruc-
ture with an emergency back-up power source to maintain operation of
such cellular network in the case of a loss of power.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends general business law by adding a new section 399-yyyy
to require every owner or operator of cellular network infrastructure in
the state, to the extent practicable, to equip the infrastructure with

an emergency back-up power source to maintain operation of such cellular
network in the case of a loss of power. This section also defines cellu-
lar network infrastructure.

Section 2 is the effective date.

 
JUSTIFICATION:

Everyone who owns a cell phone has experienced a moment of cell phone
service, this momentary loss often leaves people angry and in desperate
search of better reception. However, imagine this on a grander scale
where you have no service, and have no hope of cell service because the
cellular network infrastructure you depend on has no power. While some
may see this as an inconvenience, this is in fact a significant public
safety emergency. Without the ability to dial 911, individuals are
unable to connect with emergency services putting their lives in danger.
This legislation's goal is to protect and save human life by ensuring
cellular network infrastructure has a backup energy plan for when that
infrastructure loses power.

 
PRIOR LEGISLATIVE HISTORY:

S. 8893/A. 10988; Referred to Senate Rules Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day.

2021-S695 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    695
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications
 
 AN  ACT to amend the general business law, in relation to requiring cell
   towers to be equipped with a back-up power source in case of  a  power
   outage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-yyyy to read as follows:
   § 399-YYYY. CELLULAR NETWORK INFRASTRUCTURE; BACKUP POWER. 1.    EVERY
 OWNER  OR  OPERATOR  OF  CELLULAR NETWORK INFRASTRUCTURE LOCATED IN THIS
 STATE SHALL, TO THE EXTENT PRACTICABLE, EQUIP ALL SUCH CELLULAR  NETWORK
 INFRASTRUCTURE WITH AN EMERGENCY BACK-UP POWER SOURCE CAPABLE OF PROVID-
 ING  ADEQUATE  POWER  TO MAINTAIN THE OPERATION OF SUCH CELLULAR NETWORK
 INFRASTRUCTURE IN THE CASE OF A LOSS OF POWER.
   2. FOR THE PURPOSES OF THIS SECTION, "CELLULAR NETWORK INFRASTRUCTURE"
 SHALL MEAN ANY PART OF A RADIO TELECOMMUNICATIONS NETWORK THAT  PROVIDES
 WIRELESS  COMMUNICATIONS  INFRASTRUCTURE  TO  SUPPORT  CELLULAR  PHONES,
 LOCATED THROUGHOUT A GEOGRAPHICAL  COVERAGE  AREA,  INCLUDING,  BUT  NOT
 LIMITED TO, CELL TOWERS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02588-02-1

co-Sponsors

2021-S695A - Details

See Assembly Version of this Bill:: A3921
Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-yyyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8893, A10988
2023-2024: S2996, A88

2021-S695A - Summary

Requires cell towers to be equipped with a back-up power source in case of a power outage.

2021-S695A - Sponsor Memo

                                
 
BILL NUMBER: S695A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring cell
towers to be equipped with a back-up power source in case of a power
outage

 
PURPOSE:

This legislation would require every owner or operator of macro cell
tower sites to the extent practicable equip the infrastructure with an
emergency back-up power source using renewable energy, fuel cell elec-
tric generating equipment or a storage system cable of powering the site
for a minimum of seventy two hours.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states that every owner or operator of macro cell tower sites
in the State to the extent practicable shall equip all macro cell tower

sites with emergency back-up power sources capable of providing adequate
power to maintain operation of these sites. These back up sources shall
use renewable energy systems, fuel cell electric generating equipment or
energy storage systems capable of powering a site for a minimum of
seventy two hours.

Further this section defines macro cell tower site for purposes of this
section.

Section 2 is the effective date.

 
JUSTIFICATION:

Everyone who owns a cell phone has experienced a moment of cell phone
service, this momentary loss often leaves people angry and in desperate
search of better reception. However, imagine this on a grander scale
where you have no service, and have no hope of cell service because the
cellular network infrastructure you depend on has no power. While some
may see this as an inconvenience, this is in fact a significant public
safety emergency. Without the ability to dial 911, individuals are
unable to connect with emergency services putting their lives in danger.
This legislation's goal is to protect and save human life by ensuring
cellular network infrastructure has a backup energy plan for when that
infrastructure loses power.

 
PRIOR LEGISLATIVE HISTORY:

S. 8893/A. 10988; Referred to Senate Rules Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day.

2021-S695A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  695--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in relation to requiring  cell
   towers  to  be equipped with a back-up power source in case of a power
   outage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-yyyy to read as follows:
   §  399-YYYY. MACRO CELL TOWER SITES; BACK-UP POWER. 1.  EVERY OWNER OR
 OPERATOR OF MACRO CELL TOWER SITES LOCATED IN THIS STATE SHALL,  TO  THE
 EXTENT  PRACTICABLE, EQUIP ALL SUCH MACRO CELL TOWER SITES WITH AN EMER-
 GENCY BACK-UP POWER SOURCE CAPABLE OF PROVIDING ADEQUATE POWER TO  MAIN-
 TAIN  THE OPERATION OF SUCH MACRO CELL TOWER SITES IN THE CASE OF A LOSS
 OF POWER.  SUCH EMERGENCY BACK-UP POWER SOURCE  SHALL  USE  A  RENEWABLE
 ENERGY  SYSTEM,  FUEL  CELL  ELECTRIC GENERATING EQUIPMENT, OR AN ENERGY
 STORAGE SYSTEM AND BE CAPABLE OF POWERING A MACRO CELL TOWER SITE FOR  A
 MINIMUM OF AT LEAST SEVENTY-TWO HOURS.
   2.  FOR  THE  PURPOSES  OF THIS SECTION, "MACRO CELL TOWER SITE" SHALL
 MEAN THE PLACE WHERE WIRELESS TELECOMMUNICATIONS EQUIPMENT  AND  NETWORK
 COMPONENTS, INCLUDING TOWERS, TRANSMITTERS, BASE STATIONS, AND EMERGENCY
 POWERS NECESSARY FOR PROVIDING WIDE AREA OUTDOOR SERVICE, ARE LOCATED. A
 MACRO  CELL TOWER SITE SHALL NOT INCLUDE ROOFTOP, SMALL CELL, OR OUTDOOR
 AND INDOOR DISTRIBUTED ANTENNA SYSTEM SITES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02588-04-1

co-Sponsors

2021-S695B (ACTIVE) - Details

See Assembly Version of this Bill:: A3921
Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-yyyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8893, A10988
2023-2024: S2996, A88

2021-S695B (ACTIVE) - Summary

Requires cell towers to be equipped with a back-up power source in case of a power outage.

2021-S695B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S695B

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring cell
towers to be equipped with a back-up power source in case of a power
outage

 
PURPOSE:

This legislation would require every owner or operator of macro cell
tower sites to the extent practicable equip the infrastructure with an
emergency back-up power source using renewable energy, fuel cell elec-
tric generating equipment or a storage system cable of powering the site
for a minimum of seventy two hours.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states that every owner or operator of macro cell tower sites
in the State to the extent practicable shall equip all macro cell tower

sites with emergency back-up power sources capable of providing adequate
power to maintain operation of these sites. These back up sources shall
use renewable energy systems, fuel cell electric generating equipment or
energy storage systems capable of powering a site for a minimum of
seventy two hours.

Further this section defines macro cell tower site for purposes of this
section.

Section 2 is the effective date.

 
JUSTIFICATION:

Everyone who owns a cell phone has experienced a moment of cell phone
service, this momentary loss often leaves people angry and in desperate
search of better reception. However, imagine this on a grander scale
where you have no service, and have no hope of cell service because the
cellular network infrastructure you depend on has no power. While some
may see this as an inconvenience, this is in fact a significant public
safety emergency. Without the ability to dial 911, individuals are
unable to connect with emergency services putting their lives in danger.
This legislation's goal is to protect and save human life by ensuring
cellular network infrastructure has a backup energy plan for when that
infrastructure loses power.

 
PRIOR LEGISLATIVE HISTORY:

S. 8893/A. 10988; Referred to Senate Rules Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day.

2021-S695B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  695--B
     Cal. No. 247
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAPLAN, GAUGHRAN, HARCKHAM -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Energy
   and Telecommunications -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee, ordered to  first  report,  amended  on
   first  report,  ordered  to  a  second  report  and ordered reprinted,
   retaining its place in the order of second report
 
 AN ACT to amend the general business law, in relation to requiring  cell
   towers  to  be equipped with a back-up power source in case of a power
   outage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-yyyy to read as follows:
   §  399-YYYY. MACRO CELL TOWER SITES; BACK-UP POWER. 1.  EVERY OWNER OR
 OPERATOR OF MACRO CELL TOWER SITES LOCATED IN THIS STATE SHALL,  TO  THE
 EXTENT  PRACTICABLE, EQUIP ALL SUCH MACRO CELL TOWER SITES WITH AN EMER-
 GENCY BACK-UP POWER SOURCE CAPABLE OF PROVIDING ADEQUATE POWER TO  MAIN-
 TAIN  THE OPERATION OF SUCH MACRO CELL TOWER SITES IN THE CASE OF A LOSS
 OF POWER.  SUCH EMERGENCY BACK-UP POWER SOURCE  SHALL  USE  A  RENEWABLE
 ENERGY  SYSTEM,  FUEL  CELL  ELECTRIC GENERATING EQUIPMENT, OR AN ENERGY
 STORAGE SYSTEM AND BE CAPABLE OF POWERING A MACRO CELL TOWER SITE FOR  A
 MINIMUM  OF  AT  LEAST SEVENTY-TWO HOURS.  IF A MACRO CELL TOWER SITE IS
 ALREADY EQUIPPED WITH AN EMERGENCY BACK-UP POWER  SOURCE  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS SECTION, THEN THE OWNER OR OPERATOR OF SUCH MACRO
 TOWER  SITE SHALL NOT BE REQUIRED TO UPDATE SUCH EMERGENCY BACK-UP POWER
 SOURCE TO MEET THE REQUIREMENTS OF THIS SECTION, PROVIDED, HOWEVER, THAT
 ONCE SUCH EMERGENCY BACK-UP POWER SOURCE NEEDS TO BE REPLACED, THE OWNER
 OR OPERATOR SHALL EQUIP SUCH MACRO CELL TOWER  SITE  WITH  AN  EMERGENCY
 BACK-UP POWER SOURCE THAT MEETS THE REQUIREMENTS OF THIS SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02588-06-1

 S. 695--B                           2
 
   2.  FOR  THE  PURPOSES  OF THIS SECTION, "MACRO CELL TOWER SITE" SHALL
 MEAN THE PLACE WHERE WIRELESS TELECOMMUNICATIONS EQUIPMENT  AND  NETWORK
 COMPONENTS, INCLUDING TOWERS, TRANSMITTERS, BASE STATIONS, AND EMERGENCY
 POWERS NECESSARY FOR PROVIDING WIDE AREA OUTDOOR SERVICE, ARE LOCATED. A
 MACRO  CELL TOWER SITE SHALL NOT INCLUDE ROOFTOP, SMALL CELL, OR OUTDOOR
 AND INDOOR DISTRIBUTED ANTENNA SYSTEM SITES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S695B

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Sponsored By

Anna M. Kaplan

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

Bill Amendments

co-Sponsors

Pete Harckham

2021-S695 - Details

2021-S695 - Summary

2021-S695 - Sponsor Memo

2021-S695 - Bill Text download pdf

co-Sponsors

James Gaughran

Pete Harckham

2021-S695A - Details

2021-S695A - Summary

2021-S695A - Sponsor Memo

2021-S695A - Bill Text download pdf

co-Sponsors

James Gaughran

Pete Harckham

2021-S695B (ACTIVE) - Details

2021-S695B (ACTIVE) - Summary

2021-S695B (ACTIVE) - Sponsor Memo

2021-S695B (ACTIVE) - Bill Text download pdf

Comments