STATE OF NEW YORK ________________________________________________________________________ S. 3046 A. 4066 2019-2020 Regular Sessions SENATE - ASSEMBLY February 1, 2019 ___________ IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Energy and Telecommunications IN ASSEMBLY -- Introduced by M. of A. FAHY -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to notice require- ments and municipal cooperation in wireless facility siting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 119-d to read as follows: 3 § 119-d. Wireless siting notice; municipal cooperation. 1. For 4 purposes of this section "wireless facility" means any facility used in 5 connection with the provision of commercial mobile services, as that 6 term is defined in section 332(d) of title 47, United States Code; wire- 7 less facility shall include, but is not limited to, antennas, small cell 8 infrastructure, ancillary equipment and telecommunications towers. 9 2. Prior to any telecommunication company or cellular communication 10 company installing a wireless facility in the state, such company shall, 11 not less than sixty days before the planned installation of such wire- 12 less facility: 13 a. provide written notice to all owners and residents of property 14 located within two thousand five hundred feet of such proposed wireless 15 facility; 16 b. provide written notice to the municipalities in which such proposed 17 wireless facility is located; 18 c. solicit suggestions from municipalities in which such proposed 19 wireless facility is located for existing infrastructure which is tech- 20 nically and commercially feasible for co-location with such proposed 21 wireless facility; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07086-02-9S. 3046 2 A. 4066 1 d. use suggested existing infrastructure which is technically and 2 commercially feasible for co-location with such proposed wireless facil- 3 ity. 4 3. No later than December thirty-first, two thousand nineteen, the 5 commission shall develop a guide for any telecommunication company or 6 cellular communication company installing wireless facilities in the 7 state. Such guide shall include best practices for coordination with 8 local municipal governments, property owners, and residents for the 9 siting and potential co-location of wireless facilities. 10 § 2. This act shall take effect immediately.