Virginia 2018 Regular Session Status: Enacted

SB 823 — Wireless support structures; public rights-of-way use fees established.

Last action — Governor's Action Deadline Midnight, April 9, 2018

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2018. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires. This bill is identical to

Bill Text

What changed in the latest version

44 added · 54 removed

Plain-language change summary

The recent amendment to Bill SB 823 adds specific fee amounts for using public rights-of-way for wireless support structures. Now, fees range from $1,000 for structures up to 50 feet tall to $5,000 for those taller than 120 feet, plus an additional fee for associated equipment. This change is important because it establishes a clear pricing structure, making it easier for both providers and local governments to understand the costs involved in constructing wireless infrastructure.

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Latest
SESSION history | hilite | pdf | print version 18104616D SENATE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures;
823 Offered January 15, 2018 A BILL to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures;
---------- Patrons-- McDougle and Dance;
[S 823] Approved   Be it enacted by the General Assembly of Virginia:
Delegates:
Heretick and Kory ---------- Referred to Committee on Commerce and Labor ---------- Be it enacted by the General Assembly of Virginia:
View plain text versions (2)
  • Senate: Bill text as passed Senate and House (SB823ER) View text Current html February 27, 2018
  • Senate: Presented and ordered printed 18104616D View text html January 15, 2018

Action History

  1. Governor's Action Deadline Midnight, April 9, 2018

  2. Enrolled Bill Communicated to Governor on March 5, 2018

  3. Signed by President

  4. Signed by Speaker

  5. Enrolled

  6. Passed House (67-Y 29-N 2-A)

  7. Read third time

  8. Read second time

  9. Referred to Committee on Commerce and Labor

  10. Read first time

  11. Placed on Calendar

  12. Read second time and engrossed

  13. Rereferred to Finance

  14. Referred to Committee on Commerce and Labor

  15. Presented and ordered printed 18104616D

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 140 not signed on · 27 voted No

Sponsors (1)

Not signed on (140)

140 members have not signed on to this bill.

Show all 140 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed House

Passed 67 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 672900
Total 672900
% of votes cast 70%30%0%0%
How each member voted (96)
Member Party Vote
Collins — Yea
Habeeb — Yea
Hugo — Yea
James — Yea
Landes — Yea
Peace — Yea
Rodman — Nay
Toscano — Nay
Bell, Richard P. — Yea
Jones, S.C. — Yea
Cline — Yea
Helsel — Yea
Ingram — Yea
Lindsey — Yea
Mr. Speaker — Yea
Pogge — Yea
Stolle — Yea
Turpin — Yea
Yancey — Yea
Adams, Dawn M. — Nay
Adams, Les R. — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Nay
Ayala, Hala S. — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Nay
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Carter, Lee J. — Nay
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Nay
Danica A. Roem — Nay
David A. Reid — Nay
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Nay
Heretick, Steve E. — Yea
Hurst, Chris L. — Nay
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Nay
Jeion A. Ward — Yea
Jennifer B. Boysko — Nay
Jennifer D. Carroll Foy — Yea
Jones, Jerrauld C. "Jay" — Yea
Joshua E. Thomas — Nay
Karrie K. Delaney — Nay
Kathy K.L. Tran — Nay
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Nay
Mullin, Michael P. — Yea
Murphy, Kathleen — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Nay
Plum, Kenneth R. — Nay
Poindexter, Charles D. — Yea
R. Lee Ware — Nay
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Nay
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Nay
Schuyler T. VanValkenburg — Yea
Sickles, Mark D. — Nay
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 823 do?
Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires. This bill is identical to
Who sponsors SB 823?
SB 823 is sponsored by Heretick, Steve E., Rosalyn R. Dance, Ryan T. McDougle, William M. Stanley, Jr., Byron, Kathy J., Ruff, Frank M., Jr., Marshall, Daniel W., III, and Kory, Kaye.
What is the current status of SB 823?
This bill has been enacted into law. Introduced January 15, 2018. Enacted.
Where can I track SB 823?
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