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HB1258

Wireless communications infrastructure; zoning.

Status:
Enacted

Chief Patron:
Terry Kilgore (R)

Session:
2018 Regular Session

Summary

As Enacted. Zoning for wireless communications infrastructure.

Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications; a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and other providers of functionally-equivalent service; and limits on the number of new wireless support structures that can be installed in a specific location. The measure prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities. The measure states that it does not prohibit a locality from disapproving an application submitted under a standard process project on the basis of the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant. The measure also requires that any publicly owned or privately owned wireless service provider operating within the Commonwealth or serving residents of the Commonwealth shall, by January 1, 2019, and annually thereafter until January 1, 2025, provide to the Department of Housing and Community Development a report detailing, by county, city, or town, enhanced service capacity in previously served areas and expansion of service in previously unserved geographic areas that are provided access to wireless service. The measure also directs the Secretariats of Commerce and Trade and Public Safety and Homeland Security to convene a group of stakeholders to develop a plan for expanding access to wireless services in unserved and underserved areas of the Commonwealth. This bill is identical to SB 405. (Less)

  • Bill History

  • 01/10/2018 - House: Prefiled and ordered printed; offered 01/10/18 18102258D
  • 01/10/2018 - House: Referred to Committee on Commerce and Labor
  • 01/22/2018 - House: Impact statement from DHCD/CLG (HB1258)
  • 02/01/2018 - House: Reported from Commerce and Labor with substitute (17-Y 2-N)
  • 02/01/2018 - House: Committee substitute printed 18106428D-H1
  • 02/05/2018 - House: Read first time
  • 02/06/2018 - House: Passed by for the day
  • 02/07/2018 - House: Passed by for the day
  • 02/08/2018 - House: Read second time
  • 02/08/2018 - House: Committee substitute agreed to 18106428D-H1
  • 02/08/2018 - House: Amendment by Delegate Ware agreed to
  • 02/08/2018 - House: Engrossed by House - committee substitute with amendment HB1258EH1
  • 02/08/2018 - House: Printed as engrossed 18106428D-EH1
  • 02/09/2018 - House: Read third time and passed House (56-Y 41-N 2-A)
  • 02/09/2018 - House: VOTE: PASSAGE (56-Y 41-N 2-A)   Close Floor Vote
  • 02/12/2018 - Senate: Constitutional reading dispensed
  • 02/12/2018 - Senate: Referred to Committee on Commerce and Labor
  • 02/26/2018 - Senate: Reported from Commerce and Labor with substitute (13-Y 0-N 1-A)
  • 02/26/2018 - Senate: Committee substitute printed 18107477D-S1
  • 02/28/2018 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 03/01/2018 - Senate: Read third time
  • 03/01/2018 - Senate: Committee substitute rejected 18107477D-S1
  • 03/01/2018 - Senate: Reading of substitute waived
  • 03/01/2018 - Senate: Floor substitute printed 18107802D-S2 (McDougle)
  • 03/01/2018 - Senate: Substitute by Senator McDougle agreed to 18107802D-S2
  • 03/01/2018 - Senate: Engrossed by Senate - floor substitute HB1258S2
  • 03/01/2018 - Senate: Passed Senate with substitute (21-Y 15-N 4-A)   Close Floor Vote
  • 03/05/2018 - House: Placed on Calendar
  • 03/05/2018 - House: Senate substitute agreed to by House 18107802D-S2 (51-Y 46-N 2-A)
  • 03/05/2018 - House: VOTE: ADOPTION (51-Y 46-N 2-A)   Close Floor Vote
  • 03/07/2018 - House: Enrolled
  • 03/07/2018 - House: Bill text as passed House and Senate (HB1258ER)
  • 03/07/2018 - House: Signed by Speaker
  • 03/08/2018 - House: Bill text as passed House and Senate reprinted (HB1258ER)
  • 03/09/2018 - Senate: Signed by President
  • 03/15/2018 - House: Enrolled Bill communicated to Governor on March 15, 2018
  • 03/15/2018 - Governor: Governor's Action Deadline Midnight, April 9, 2018
  • 04/09/2018 - House: Governor's recommendation received by House
  • 04/18/2018 - House: House concurred in Governor's recommendation (87-Y 9-N 2-A)
  • 04/18/2018 - House: VOTE: ADOPTION (87-Y 9-N 2-A)
  • 04/18/2018 - Senate: Senate concurred in Governor's recommendation (38-Y 0-N 1-A)
  • 04/18/2018 - Senate: Reconsideration of Governor's recommendation agreed to (38-Y 0-N)
  • 04/18/2018 - Senate: Senate concurred in Governor's recommendation (35-Y 0-N 4-A)
  • 04/18/2018 - Governor: Governor's recommendation adopted
  • 04/18/2018 - House: Reenrolled
  • 04/18/2018 - House: Reenrolled bill text (HB1258ER2)
  • 04/18/2018 - House: Signed by Speaker as reenrolled
  • 04/18/2018 - Senate: Signed by President as reenrolled
  • 04/18/2018 - House: Enacted, Chapter 835 (effective 7/1/18)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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