Bill # and Title: HB 1050 – Small Cell Wireless Structures
Author: Rep. David Ober (R-Albion)
Summary: Provides that the definition of “wireless support structure” does not include a utility pole owned or operated by: (1) a public utility; (2) a municipality; (3) an electric membership corporation; or (4) a rural electric cooperative. Does include wireless carriers. Provides that with respect to the construction, placement or use of small cell facilities and associated supporting structures, a permit authority may prohibit the placement of a new wireless support structure in a right-of-way within an area that is designated before May 1, 2017, strictly for underground or buried utilities, if the area was zoned for residential use before May 1, 2017. Removes a requirement that a permit authority’s prohibition on placement of utility poles and wireless support structures be applied in a non-discriminatory manner. Makes conforming changes.
Chamber Position: Support (as amended)
Status: Passed the Senate 45-4; now goes to the Governor’s desk.
Update/Chamber Action: This bill had a smooth ride through the Senate; all the hard work Rep. Ober did while the bill was in the House paid off. Since the legislation passed the Senate without amendment and thus the same language passed both houses, the bill goes to Gov. Eric Holcomb for his signature. The Chamber was one of several entities that supported this bill to legislators and in committee. This measure restores the legislative intent of last year’s SB 213 – streamline the permitting process for small cell equipment – by repairing the consequences from a language drafting error on a conference committee report.
Resource: R. Mark Lawrance at (317) 264-7547 or email: firstname.lastname@example.org