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IN HB1318
Bill
Status
5/4/2015
Primary Sponsor
Eric Koch
Click for details
AI Summary
HEA 1318 Summary
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Effective January 1, 2016, establishes Chapter 32.3 creating a uniform statewide permitting process for wireless communications facilities, including construction of new wireless support structures, substantial modifications, and collocation of facilities on existing structures.
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Permit authorities must review applications within 10 business days for completeness and issue approval or denial within 90 days, with applications automatically approved if deadlines are missed.
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Prohibits permit authorities from charging fees exceeding actual, direct, and reasonable costs; charging contingency-based fees; or charging travel expenses; fees must match those for similar commercial development.
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Prohibits discrimination among communications service providers in approving permits, authorizing tax incentives, and providing access to rights-of-way, utility poles, and public assets.
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Clarifies that collocation applications for wireless facilities do not require zoning or land use compliance and are not subject to public hearings, while new wireless support structures remain subject to local zoning and land use laws.
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Directs legislative council to study alternate energy production, cogeneration, and small hydro facilities located on or proximate to host operations with final report due by November 1, 2015.
Legislative Description
Communications services and energy production. Eliminates the state requirement that a communications service provider allow a physical connection by other providers to its system. Establishes a uniform statewide procedure for applications for and issuance of permits for the construction and modification of structures and facilities for the provision of wireless communications service. Specifies that local planning and zoning laws apply to the issuance of permits for communications structures and facilities under the new provisions. Requires applications for permits to show evidence of compliance with criteria set forth in applicable zoning ordinances with respect to special exceptions, special uses, contingent uses,
Last Action
Public Law 145
5/4/2015