New York S 9079: Authorizes the town of Brookhaven to alienate certain lands used as parklands and to lease such lands for cell tower installation

Status: ADVANCED TO THIRD READING (as of 2026-05-21)

State: New York · Session: 2025-2026 · Bill: S 9079

Sponsors: Anthony H. Palumbo

Bill Text

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S09079 Summary:

BILL NOS09079A

&nbsp

SAME ASSAME AS A10326-A

&nbsp

SPONSORPALUMBO

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

&nbsp

Authorizes the town of Brookhaven to alienate certain lands used as parklands and to lease such lands for a cell tower installation.

Go to top S09079 Actions:

BILL NOS09079A

&nbsp

01/29/2026REFERRED TO LOCAL GOVERNMENT

04/21/2026AMEND AND RECOMMIT TO LOCAL GOVERNMENT

04/21/2026PRINT NUMBER 9079A

05/19/20261ST REPORT CAL.1246

05/20/20262ND REPORT CAL.

05/21/2026ADVANCED TO THIRD READING 

06/02/2026SUBSTITUTED BY A10326A

&nbspA10326 AMEND=A Kassay

&nbsp02/20/2026referred to local governments

&nbsp04/20/2026amend and recommit to local governments

&nbsp04/20/2026print number 10326a

&nbsp05/18/2026reported referred to ways and means

&nbsp05/29/2026reported referred to rules

&nbsp05/29/2026reported 

&nbsp05/29/2026rules report cal.272

&nbsp05/29/2026ordered to third reading rules cal.272

&nbsp05/29/2026home rule request

&nbsp05/29/2026passed assembly

&nbsp05/29/2026delivered to senate

&nbsp05/29/2026REFERRED TO LOCAL GOVERNMENT

&nbsp06/02/2026SUBSTITUTED FOR S9079A

&nbsp06/02/20263RD READING CAL.1246

&nbsp06/02/2026HOME RULE REQUEST

&nbsp06/02/2026PASSED SENATE

&nbsp06/02/2026RETURNED TO ASSEMBLY

Go to topS09079 Committee&nbspVotes:

Go to topS09079 Floor&nbspVotes:

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

Go to topS09079 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9079--A

 IN SENATE

 January 29, 2026
 ___________

 Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 AN ACT in relation to authorizing the town of Brookhaven in Suffolk
 county to alienate certain lands used as parklands for the purposes of
 installing a cellular tower

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. (a) Subject to the provisions of this act, the town of
 2 Brookhaven, in the county of Suffolk, acting by and through its govern-
 3 ing body and upon such terms and conditions as determined by such board
 4 is hereby authorized to discontinue as parklands and to lease at fair
 5 market value to Tag Towers LLC for a term not to exceed thirty years,
 6 the lands more particularly described in section two of this act for the
 7 placement and operation of a wireless communication tower. In addition,
 8 the town of Brookhaven, in the county of Suffolk, acting by and through
 9 its town board is hereby authorized to convey an easement to Tag Towers
 10 LLC over certain municipally owned parklands described in section three
 11 of this act for the purposes of Tag Towers LLC's access and the instal-
 12 lation, operation and maintenance of a subsurface electrical cable,
 13 provided, however, that upon completion of the installation, Tag Towers
 14 LLC shall restore the surface of the lands and the lands shall continue
 15 to be used for park purposes.
 16 (b) All proceeds from such lease shall be used for capital improve-
 17 ments to existing park and recreational facilities and/or for the acqui-
 18 sition of additional park and recreational facilities, and the town of
 19 Brookhaven shall dedicate an amount equal to or greater than the fair
 20 market value of the easement interest authorized to be conveyed by this
 21 section for capital improvements to existing park and recreational
 22 facilities and/or for the acquisition of additional park and recreation-
 23 al facilities.
 24 § 2. The parklands authorized by section one of this act to be leased
 25 are described as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14480-06-6

 S. 9079--A 2

 1 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
 2 IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN SOUTH SETAUK-
 3 ET, THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND THE STATE OF NEW YORK
 4 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 5 BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
 6 JEFFERSON HIGHWAY (S.R. 347) FOLLOWING THESE CO

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