HB 3144 — Wireless Infrastructure and Facilities Siting and Co-location

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED Committee Substitute for House Bill 3144 ByBY DelegatesDELEGATESLINVILL, Linville,KERS, Akers,OLSTEIN, Holstein,J.ANNON, J.HANSHAW (M R.

Cannon,PEAKER)AND HanshawKUMP (Mr.[Passed April 10, 2025;

Speaker),in andeffect Kump90 [Originatingdays infrom passage (July 9, 2025)] Enr CS for HB 3144 AN ACT to amend the CommitteeCode onof EnergyWest Virginia, 1931, as amended, by adding a new chapter, designated §31J-1-1, §31J-1-2, §31J-1-3, §31J-1-4, §31J-1-5, and Public§31J-1-6, Works;all relating to wireless tower facilities and infrastructure;

March 13, 2025.] Eng CS for HB 3144 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new chapter, designated §31J-1-1, §31J-1-2, §31J-1-3, §31J-1-4, §31J-1-5, and §31J-1-6, all relating to wireless tower facilities and infrastructure;

Enr CS for HB 3144 "Applicant" means a person or entity that submits a siting application and the agents, employees, and contractors of such person or entity.

Eng CS for HB 3144 "Authorization" means any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit.

Enr CS for HB 3144 (1) The number of days of the presumptively reasonable period of time for the pertinent type of application, pursuant to §31J-1-2(c) plus Eng CS for HB 3144 (2) The number of days of the tolling period, if any, pursuant to subsection (d) of this section.

until Enr CS for HB 3144 (B) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete;

Eng CS for HB 3144 (C) But only if the notice pursuant to §31J-1-2(d)(2)(A) is effectuated on or before the 30th day after the date when the application was submitted;

The deemed grant does not become effective until the Enr CS for HB 3144 applicant notifies the reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

Eng CS for HB 3144 (g) Fees for applications.

Enr CS for HB 3144 "Concealment element" means elements of a stealth-designed facility intended to make the facility look like something other than a telecommunications tower.

There must be express Eng CS for HB 3144 evidence in the record to demonstrate that the reviewing authority considered in its approval of the original facility for wireless service that a stealth design would look like something other than a facility for wireless service, such as a pine tree, flag pole, or chimney.

"Site" means for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed Enr CS for HB 3144 on the ground.

The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a Eng CS for HB 3144 state or local government, if the approval of the modification occurred prior to the adoption of this Act.

or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with Enr CS for HB 3144 the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

Eng CS for HB 3144 (iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction.

Enr CS for HB 3144 (1) The request modification would not substantially change the physical dimensions of the wireless service facility;

Eng CS for HB 3144 (A) Colocation of new transmission equipment;

(1) To toll the timeframe for incompleteness, the reviewing state or local government must provide written notice to the applicant within 30 days of receipt of the application, clearly and Enr CS for HB 3144 specifically delineating all missing documents or information.

Eng CS for HB 3144 (2) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the state or local government's notice of incompleteness.

The timeframe is tolled in the case of second or subsequent notices pursuantpursuantto to the procedures identified in §31J-1-3(e).

of Enr CS for HB 3144 this code;

10Enr CS for HB 3144 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2025.

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Governor 13