New York S 5692: Enacts the "wireless broadband eligible facility permitting act" to provide for uniform regulation of certain wireless facilities

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S05692 Summary:

BILL NOS05692 

&nbsp

SAME ASSAME AS A06446

&nbsp

SPONSORSTEC

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add Art 13-F §§305 - 309, Gen Muni L

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Enacts the "wireless broadband eligible facility permitting act" to provide for uniform regulation of certain wireless facilities.

Go to top S05692 Actions:

BILL NOS05692 

&nbsp

02/28/2025REFERRED TO LOCAL GOVERNMENT

01/07/2026REFERRED TO LOCAL GOVERNMENT

Go to topS05692 Committee&nbspVotes:

Go to topS05692 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05692 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5692

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 Introduced by Sen. STEC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government

 AN ACT to amend the general municipal law, in relation to enacting the
 "wireless broadband eligible facility permitting act" providing for
 uniform municipal regulation of certain wireless facilities

 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 hereby finds and
 2 declares that it is the policy of this state to ensure the safe and
 3 efficient integration of certain wireless facility modifications neces-
 4 sary for the provision of broadband and other advanced wireless services
 5 across the entirety of the state. It is the intent of this act to facil-
 6 itate the ongoing demand for access to broadband and other advanced
 7 wireless services by exempting certain modifications of existing wire-
 8 less facilities from the need for municipal zoning, land use or other
 9 discretionary siting permits, to eliminate the burdens and resources
 10 dedicated by municipal zoning and land use agencies to review certain
 11 eligible modifications of such wireless facilities, and create a state-
 12 wide uniform process for municipal permitting of such eligible facility
 13 modifications. The legislature acknowledges and confirms the authority
 14 of local governments to otherwise exercise zoning, land use and permit-
 15 ting authority within their territorial boundaries with regard to the
 16 placement and construction of wireless facilities in accordance with
 17 other laws, rules and requirements that may apply to the siting of wire-
 18 less facilities.
 19 § 2. Short title. This act shall be known and may be cited as the
 20 "wireless broadband eligible facility permitting act".
 21 § 3. The general municipal law is amended by adding a new article 13-F
 22 to read as follows:
 23 ARTICLE 13-F
 24 WIRELESS FACILITIES

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01396-03-5

 S. 5692 2

 1 Section 305. Definitions.
 2 306. General municipal authority over siting of wireless facili-
 3 ties.
 4 307. Eligible facilities requests.
 5 308. Application to supreme court by aggrieved persons.
 6 309. Preemption.
 7 § 305. Definitions. For the purposes of this article, the following
 8 terms shall have the following meanings unless the context indicates
 9 otherwise.
 10 1. "Applicant" shall mean any person who files an application for
 11 wireless infrastructure pursuant to a municipal zoning law adopted
 12 pursuant to this article or an eligible facilities request with the
 13 municipal building inspector.
 14 2. "Application" shall mean a zoning application filed with a munici-
 15 pality for approvals to construct, operate and maintain a wireless
 16 facility, an eligible facilities request or an application pursuant to
 17 the state uniform fire prevention and building code.
 18 3. "Base station" shall mean a structure or equipment at a fixed
 19 location that enables Federal Communications Commission licensed or
 20 authorized wireless communications between user equipment and a communi-
 21 cations network. Such term shall not encompass a tower or any equipment
 22 associated with a tower.
 23 (a) Such term shall include, but not be limited to:
 24 (1) equipment associated with wireless communications services such as
 25 private, broadcast and public safety services, as well as unlicensed
 26 wireless services an