Bill Text: NY S01547 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to permits for cellular antennas in the city of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CITIES [S01547 Detail]

Download: New_York-2017-S01547-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1547
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to permits for cellular antennas
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Section 28-103.14.1 of the administrative code of the city
     2  of New York, as added by local law number 33 of the city of New York for
     3  the year 2007, is amended to read as follows:
     4    §28-103.14.1 [List of permits] Permits  for  cellular  antenna;  list;
     5  inspections.   1.  Prior to the issuance of an alteration permit for the
     6  erection or placement of antennae used to provide cellular telephone  or
     7  similar  service  or  any structure related to such service, the commis-
     8  sioner shall consider the aggregate total number of antennas  in  exist-
     9  ence  at and proposed for the subject property at the time of submission
    10  of the application for a permit.
    11    2. The commissioner shall  maintain  a  separate  list  of  alteration
    12  permits issued for the erection or placement of antennae used to provide
    13  cellular  telephone  or similar service or any structure related to such
    14  service which shall, at a minimum, set forth the name, business  address
    15  and business telephone number of the applicant, the date of the applica-
    16  tion,  the date the permit was issued, the location for which the permit
    17  was issued, including the premises  address  and  the  zoning  district,
    18  whether  residential,  commercial, or manufacturing, [and] the number of
    19  permits issued for such purpose at the same location and the name of the
    20  company that is or will be utilizing the antennae  to  provide  cellular
    21  telephone  or  similar  service.    Upon  completion  of  the inspection
    22  required by subdivision three  of  this  section,  such  list  shall  be
    23  updated  to  set  forth the electromagnetic frequency being emitted from
    24  each cellular antenna for which a permit was issued. Such list shall  be
    25  made available to the public upon request between regular business hours
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00605-01-7
        S. 1547                             2
     1  and  shall  be available to the public in electronic format on a 24-hour
     2  basis on the department's website. The  information  contained  on  such
     3  list  shall  also  be  included on the department's building information
     4  system and associated with the entry for the appropriate property.
     5    3.  In addition to other required inspections, the commissioner shall,
     6  within thirty days of issuance of an alteration permit for the  erection
     7  or  placement  of antennae used to provide cellular telephone or similar
     8  service or any structure  related  to  such  service,  make  or  require
     9  inspections of such antennae to ascertain compliance with the provisions
    10  of  this code, the provisions set forth in the application for an alter-
    11  ation permit and any other laws, rules or regulations that are  enforced
    12  by  the  department, as well as to analyze compliance with the standards
    13  of the federal communications commission for  electromagnetic  frequency
    14  emissions.  Such  inspections may be made on behalf of the department by
    15  officers and employees of the department and other city departments  and
    16  governmental  agencies  and  by approved agencies, special inspectors or
    17  other persons when the commissioner is satisfied as to their  qualifica-
    18  tions  and  reliability. The commissioner may accept inspection and test
    19  reports from persons authorized by this code or by the  commissioner  to
    20  perform  such  inspections. Such reports shall be filed with the depart-
    21  ment.
    22    4. Upon completion of the inspection required by subdivision three  of
    23  this section, the commissioner shall issue a certification of compliance
    24  to  the  holder  of the permit that shall include all of the information
    25  contained on the list maintained pursuant to  subdivision  two  of  this
    26  section.
    27    § 2. This act shall take effect immediately.