HB 1258 Virginia House of Delegates · 2018 Regular Session

Wireless communications infrastructure; zoning.

Summary
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 nonpublic providers of cable television and electric services; 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. This bill is identical to
Bill status failed 4 of 5 stages cleared
Introduction
Jan 2018
Committee Review
Feb 2018
House of Delegates Passage
Feb 2018
Senate Passage
Feb 2018
Governor
Introduced Jan 10, 2018 Last action Mar 15, 2018
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
26
Key actions
6
Committee
4
Amendments
1
Feb 12, 2018
Committee
Referred to Committee on Commerce and Labor
legislature
Feb 9, 2018
Legislature · Passed
Read third time and passed House (56-Y 41-N 2-A)
legislature
Feb 8, 2018
Legislature · Passed
Engrossed by House - committee substitute with amendment HB1258EH1
legislature
Feb 8, 2018
Legislature · Passed
Amendment by Delegate Ware agreed to
legislature
Feb 8, 2018
Legislature · Passed
Committee substitute agreed to 18106428D-H1
legislature
Feb 7, 2018
Legislature · Passed
Passed by for the day
legislature
Feb 6, 2018
Legislature · Passed
Passed by for the day
legislature
Jan 10, 2018
Committee
Referred to Committee on Commerce and Labor
legislature
Jan 10, 2018
Introduced
Prefiled and ordered printed; offered 01/10/18 18102258D
legislature
1 primary · 7 co-sponsors

Sponsors