VA SB405 | 2018 | Regular Session
Status
Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Passed on April 18 2018 - 100% progression
Action: 2018-04-18 - Governor: Acts of Assembly Chapter text (CHAP0844)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Passed on April 18 2018 - 100% progression
Action: 2018-04-18 - Governor: Acts of Assembly Chapter text (CHAP0844)
Text: Latest bill text (Chaptered) [HTML]
Summary
Zoning for wireless communications infrastructure. 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 other providers of functionally-equivalent service; 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. The measure also directs the Secretariats of Commerce and Trade and Public Safety and Homeland Security to convene a group of stakeholders to develop a plan for expanding access to wireless services in unserved and underserved areas of the Commonwealth. This bill is identical to HB 1258.
Title
Wireless communications infrastructure; zoning.
Sponsors
Roll Calls
2018-04-18 - House - House: VOTE: ADOPTION (90-Y 6-N 1-A) (Y: 90 N: 6 NV: 3 Abs: 1) [PASS]
2018-04-18 - Senate - Senate: Senate concurred in Governor's recommendation (36-Y 0-N 3-A) (Y: 36 N: 0 NV: 1 Abs: 3) [PASS]
2018-03-06 - Senate - Senate: House substitute agreed to by Senate (20-Y 16-N 4-A) (Y: 20 N: 16 NV: 0 Abs: 4) [PASS]
2018-03-06 - Senate - Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2018-03-06 - Senate - Senate: House substitute agreed to by Senate (25-Y 11-N 4-A) (Y: 25 N: 11 NV: 0 Abs: 4) [PASS]
2018-03-05 - House - House: VOTE: PASSAGE (49-Y 48-N 2-A) (Y: 49 N: 48 NV: 1 Abs: 2) [FAIL]
2018-02-27 - House - House: Reported from Commerce and Labor with substitute (16-Y 5-N) (Y: 16 N: 5 NV: 0 Abs: 1) [PASS]
2018-02-09 - Senate - Senate: Read third time and passed Senate (22-Y 13-N 4-A) (Y: 22 N: 13 NV: 1 Abs: 4) [PASS]
2018-02-07 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2018-02-05 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 0-N 2-A) (Y: 12 N: 0 NV: 0 Abs: 2) [PASS]
2018-04-18 - Senate - Senate: Senate concurred in Governor's recommendation (36-Y 0-N 3-A) (Y: 36 N: 0 NV: 1 Abs: 3) [PASS]
2018-03-06 - Senate - Senate: House substitute agreed to by Senate (20-Y 16-N 4-A) (Y: 20 N: 16 NV: 0 Abs: 4) [PASS]
2018-03-06 - Senate - Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2018-03-06 - Senate - Senate: House substitute agreed to by Senate (25-Y 11-N 4-A) (Y: 25 N: 11 NV: 0 Abs: 4) [PASS]
2018-03-05 - House - House: VOTE: PASSAGE (49-Y 48-N 2-A) (Y: 49 N: 48 NV: 1 Abs: 2) [FAIL]
2018-02-27 - House - House: Reported from Commerce and Labor with substitute (16-Y 5-N) (Y: 16 N: 5 NV: 0 Abs: 1) [PASS]
2018-02-09 - Senate - Senate: Read third time and passed Senate (22-Y 13-N 4-A) (Y: 22 N: 13 NV: 1 Abs: 4) [PASS]
2018-02-07 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2018-02-05 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 0-N 2-A) (Y: 12 N: 0 NV: 0 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2018-04-18 | Governor: Acts of Assembly Chapter text (CHAP0844) | |
| 2018-04-18 | House | Enacted, Chapter 844 (effective 7/1/18) |
| 2018-04-18 | House | Signed by Speaker as reenrolled |
| 2018-04-18 | Senate | Signed by President as reenrolled |
| 2018-04-18 | Senate | Reenrolled bill text (SB405ER2) |
| 2018-04-18 | Senate | Reenrolled |
| 2018-04-18 | Governor: Governor's recommendation adopted | |
| 2018-04-18 | House | VOTE: ADOPTION (90-Y 6-N 1-A) |
| 2018-04-18 | House | House concurred in Governor's recommendation (90-Y 6-N 1-A) |
| 2018-04-18 | Senate | Senate concurred in Governor's recommendation (36-Y 0-N 3-A) |
| 2018-04-09 | Senate | Governor's recommendation received by Senate |
| 2018-03-16 | Governor: Governor's Action Deadline Midnight, April 9, 2018 | |
| 2018-03-16 | Senate | Enrolled Bill Communicated to Governor on March 16, 2018 |
| 2018-03-10 | Senate | Signed by President |
| 2018-03-08 | House | Signed by Speaker |
| 2018-03-08 | Senate | Bill text as passed Senate and House (SB405ER) |
| 2018-03-08 | Senate | Enrolled |
| 2018-03-06 | Senate | House substitute agreed to by Senate (20-Y 16-N 4-A) |
| 2018-03-06 | Senate | Reconsideration of House substitute agreed to by Senate (40-Y 0-N) |
| 2018-03-06 | Senate | Title replaced 18107475D-H1 |
| 2018-03-06 | Senate | House substitute agreed to by Senate (25-Y 11-N 4-A) |
| 2018-03-05 | House | VOTE: PASSAGE (49-Y 48-N 2-A) |
| 2018-03-05 | House | Passed House with substitute (49-Y 48-N 2-A) |
| 2018-03-05 | House | Engrossed by House - committee substitute SB405H1 |
| 2018-03-05 | House | Committee substitute agreed to 18107475D-H1 |
| 2018-03-05 | House | Read third time |
| 2018-03-02 | House | Passed by for the day |
| 2018-03-01 | House | Read second time |
| 2018-02-27 | House | Committee substitute printed 18107475D-H1 |
| 2018-02-27 | House | Reported from Commerce and Labor with substitute (16-Y 5-N) |
| 2018-02-14 | House | Referred to Committee on Commerce and Labor |
| 2018-02-14 | House | Read first time |
| 2018-02-14 | House | Placed on Calendar |
| 2018-02-09 | Senate | Read third time and passed Senate (22-Y 13-N 4-A) |
| 2018-02-08 | Senate | Engrossed by Senate - committee substitute SB405S1 |
| 2018-02-08 | Senate | Committee substitute agreed to 18106360D-S1 |
| 2018-02-08 | Senate | Reading of substitute waived |
| 2018-02-08 | Senate | Read second time |
| 2018-02-07 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2018-02-05 | Senate | Committee substitute printed 18106360D-S1 |
| 2018-02-05 | Senate | Reported from Commerce and Labor with substitute (12-Y 0-N 2-A) |
| 2018-01-10 | Senate | Introduced bill reprinted 18101342D |
| 2018-01-10 | Senate | Referred to Committee on Commerce and Labor |
| 2018-01-10 | Senate | Prefiled and ordered printed; offered 01/10/18 18101342D |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 15 | 2 | 2316.3 | (n/a) | See Bill Text |
| 15 | 2 | 2316.4:1 | (n/a) | See Bill Text |
| 15 | 2 | 2316.4:2 | (n/a) | See Bill Text |
| 15 | 2 | 2316.4:3 | (n/a) | See Bill Text |
| 18 | 2 | 308.1:01 | (n/a) | See Bill Text |
| 54 | 1 | 4201.2 | (n/a) | See Bill Text |
