Bill Text: NY A06633 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A06633 Detail]

Download: New_York-2023-A06633-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6633

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 25, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  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:

     1    Section 1. Legislative intent. The legislature finds that fifth gener-
     2  ation, or 5G, wireless technology is intended to greatly increase device
     3  capability  and connectivity. Therefore, the legislature finds a commis-
     4  sion is needed to examine the advantages and risks  associated  with  5G
     5  technology,  with  a  focus  on  its  environmental impact and potential
     6  health effects on citizens of our state.
     7    § 2. Commission. There is hereby established a  temporary  commission,
     8  to  be  known  as  the "commission to study the environmental and health
     9  effects of evolving 5G technology" (hereinafter "the  commission"),  for
    10  the purpose of studying the environmental and health effects of evolving
    11  wireless  technologies,  including  fifth generation or "5G" technology,
    12  including the use of earlier generation technologies.
    13    § 3. Membership. (a) The commission shall consist of  fifteen  members
    14  to be appointed as follows:
    15    (1)  Four  individuals with an expertise on issues related to 5G tech-
    16  nology, including, but not limited to an expertise in public health, the
    17  environment, or the effects of wireless radiation, to  be  appointed  by
    18  the temporary president of the senate.
    19    (2)  Four  individuals with an expertise on issues related to 5G tech-
    20  nology, including, but not limited to an expertise in public health, the
    21  environment, or the effects of wireless radiation, to  be  appointed  by
    22  the speaker of the assembly.
    23    (3)  One  member  from  the  public  with  expertise in the biological
    24  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.
                                                                   LBD07637-01-3
        A. 6633                             2

     1    (4) One member representing the business community, to be appointed by
     2  the governor.
     3    (5)  One  member of the state medical society who specializes in envi-
     4  ronmental medicine and is familiar with electromagnetic radiation, to be
     5  appointed by the governor.
     6    (6) One member of the cell phone/wireless technology industry,  to  be
     7  appointed by the governor.
     8    (7)  The  commissioner of the department of health of the state of New
     9  York, or his or her designee.
    10    (8) The chief information officer of the office of  information  tech-
    11  nology services, or his or her designee.
    12    (9)  The commissioner of the department of environmental conservation,
    13  or his or her designee.
    14    (b) Vacancies in the membership of the commission shall be  filled  in
    15  the manner provided for original appointments.
    16    (c)  A  chairperson  and  vice-chairperson  of the commission shall be
    17  elected by a majority of its members, all members being  present.  Eight
    18  members  of the commission shall constitute a quorum for the purposes of
    19  conducting business of the commission.
    20    (d) The commission shall hold at least four public hearings in differ-
    21  ent regions of the state which shall commence  no  later  than  90  days
    22  after the effective date of this act.
    23    (e) Membership on the commission shall not constitute a public office.
    24    (f)  The  members  of the commission shall receive no compensation for
    25  their services, but shall be allowed their actual and necessary expenses
    26  incurred in the performance of their duties pursuant to this act.
    27    § 4. Duties and scope of inquiry. The commission shall:
    28    (a) Examine the health and environmental impacts of exposure to  wire-
    29  less  radio  frequency  radiation  emitted by waves in the 300 kilohertz
    30  (kHz) - 100 gigahertz (GHz) range.
    31    (b) Assess the short and long-term health and environmental impacts of
    32  exposure to 5G technology, which requires  small  cell  antennas  to  be
    33  placed  in  close  proximity to each other at telephone pole height from
    34  the ground and will operate in conjunction with the existing 3G  and  4G
    35  technology infrastructure.
    36    (c)  Receive  testimony  from  the medical community including but not
    37  limited to experts in public  health,  epidemiology  and  oncology,  the
    38  scientific community including but not limited to biologists, physicists
    39  and electrical engineers, the wireless technology industry including but
    40  not  limited  to, wireless manufacturers and purveyors, as well as other
    41  organizations and members of the public with an interest in the  deploy-
    42  ment of 5G technology.
    43    (d) Consider the following questions:
    44    (1)  What  peer-reviewed  human, animal and cell studies are available
    45  and what do they show regarding the potential effects of pulsed wireless
    46  radiation on biological systems, human health and behavior, or the envi-
    47  ronment?
    48    (2) What are other countries setting as wireless radiation human expo-
    49  sure guidelines and how do they compare to such guidelines in the United
    50  States?
    51    § 5. Reporting.   (a) The commission  shall  prepare  and  publish  an
    52  interim  report  and a final report of its findings and recommendations.
    53  The reports shall provide any recommendations for  proposed  legislation
    54  developed by the commission.
    55    (b)  The  commission  shall  submit  the interim report required under
    56  subdivision (a) of this section to the  speaker  of  the  assembly,  the
        A. 6633                             3

     1  minority  leader of the assembly, the temporary president of the senate,
     2  the minority leader of the senate and the governor on or before June  1,
     3  2024,  and  shall submit the final report required under subdivision (a)
     4  of  this  section to the speaker of the assembly, the minority leader of
     5  the assembly, the temporary president of the senate, the minority leader
     6  of the senate and the governor on or before December 31, 2024.
     7    § 6. This act shall take effect immediately and shall  expire  and  be
     8  deemed repealed December 31, 2024.