New York A 6446: Enacts the "wireless broadband eligible facility permitting act" to provide for uniform regulation of certain wireless facilities

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A06446 Summary:

BILL NOA06446 

&nbsp

SAME ASSAME AS S05692

&nbsp

SPONSORWoerner

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COSPNSREpstein, Miller, Vanel, Sayegh, Simpson, Blankenbush, Steck

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MLTSPNSR

&nbsp

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 A06446 Actions:

BILL NOA06446 

&nbsp

03/05/2025referred to local governments

01/07/2026referred to local governments

Go to topA06446 Committee&nbspVotes:

Go to topA06446 Floor&nbspVotes:

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

Go to topA06446 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6446

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 5, 2025
 ___________

 Introduced by M. of A. WOERNER, EPSTEIN, MILLER, VANEL, SAYEGH, SIMPSON,
 BLANKENBUSH, STECK -- read once and referred to the Committee on Local
 Governments

 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:

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

 A. 6446 2

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