SB 255 — Zoning; wireless communications infrastructure, application process.

SESSION INTRODUCEDSENATE 22103784DSUBSTITUTE I22105096D SENATE BILL NO.

SB 255 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA SUBSTITUTE (Proposed by the Senate Committee on Local Government on January 11,24, 20222022) T(Patron Prior to Substitute––Senator Bell) A BcommunicationsBILL infrastructure;to amend and reenact § 15.2-2316.4:2 of the Code of Virginia, relating to zoning;

applicationwireless process.eBe ofit Virginia,enacted relatingby tothe zoning;General Assembly of Virginia:.

wireleRs1. –––––––––– Patron––Bell O –––––––––– D Referred to Committee on Local Government –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

§ 15.2-2316.4:2.

Application reviews.

In its receiving, consideration, and processing of a complete application submitted underEunder subsection A of § 15.2-2316.4:1 or for any zoning approval required for a standard process project, a localityloc1. shall not:

1.

S a.

E b.

or 2.N c.

RequireThe anwireless applicantfacility totechnology provideselected proprietary,by confidential, or other business information to justify the needapplicant for theuse project,at including propagation maps and telecommunications traffic studies, orB information reviewed by a federal agency as part of the approvalproject; process for the same structure and wireless facility, provided that a locality may require an applicant to provide a copy of any approval granted by a federal agency, including conditions imposed by that agency;

3.the need for the project, including propagation maps and telecommunications traffic studies, orAo justify information reviewed by a federal agency as part of the approval process for the same structureTand wireless facility, provided that a locality may require an applicant to provide a copy of any approval granted by a federal agency, including conditions imposed by that agency;

E 3.

A locality may adopt reasonable rules with respect to the removalrem4. of abandoned wireless support structures or wireless facilities;

Impose surety requirements, including bonds, escrow deposits, letters of credit, or any other types of financial surety, to ensure that abandoned or unused wireless facilities can be removed, unless thepesthe locality imposes similar requirements on other permits for other types of similar commercial U development.

Any such instrument shall not exceed a reasonable estimate of the direct cost of thetBe removal of the wireless facilities;

35locality, 5.of any property, structure, base station, or wireless support structure, when promulgating rules or procedures for siting wireless facilities or for evaluating applications;

DiscriminateT or create a preference on the basis of the ownership, including ownership by the 36 locality,6. of any property, structure, base station, or wireless support structure, when promulgating rules / 37 or procedures for siting wireless facilities or for evaluating applications;

Impose any unreasonable requirements or obligations regarding the presentation or appearance of a 37 project, including unreasonable requirements relating to (i) the kinds of materials used or (ii) the / 38 6.arranging, screening, or landscaping of wireless facilities or wireless structures;

ImposeT any39 unreasonable7. requirements or obligations regarding the presentation or appearance of a arranging, screening, or landscaping of wireless facilities or wireless structures;

usedImpose any requirement that an applicant purchase, subscribe to, use, or (ii)employ thefacilitieU, 7.which a locality has a competitive, economic, financial, governance, or other interest;or by any entity in 8.

ImposeCondition anyor requirementrequire thatthe anapproval applicantof purchase,an subscribeapplication to,solely use,on orthe employbasis facilities,of networks,the orapplicant's servicesagreement owned,to provided,allow orany operatedwireless byfacilities aprovided locality,or operated, in whole or in part, or by anya entitylocality inor whichbyEany aother localityentity, hasto abe competitive,placed economic,at financial,or governance,co-located orwith otherthe interest;applicant's project;

8.

Condition or require the approval of an application solely on the basis of the applicant's agreement to allow any wireless facilities provided or operated, in whole or in part, by a locality or by any other entity, to be placed at or co-located with the applicant's project;

S 12.

DisapproveSubject anto applicationsubsections ifB theand proposedD, newdisapprove structurean providesapplication additionalsubmitted wirelesson coverage or capacityafter forJuly first1, responders;2022, if the13.

Subject to subsections B and D, disapprove an application submitted on or 13.after July 1, 2022, if the proposed wireless support structure is not within a four-mile radius of an existing wireless support structure.

DisapproveThe anprovisions applicationof ifsubdivisions the12 proposedand tower13 isshall notexpire withinon aJuly four-mile1, radius2024. of an existing towB.

NothingB. in this article shall prohibit a locality from disapproving an application submitted under SB255 2 of 2 subsection A of § 15.2-2316.4:1 or for any zoning approval required for a standard process project:

1.Nothing in this article shall prohibit a locality from disapproving an application submitted under subsection A of § 15.2-2316.4:1 or for any zoning approval required for a standard process project:

OnSB255S1 the2 basis of the2 fact1. that the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 50 200 feet above ground level, provided that the locality follows a local ordinance or regulation that does not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services;

On the basis of the fact that the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 50 150 feet above ground level, provided that the locality follows a local ordinance or regulation that does not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services;