House File 655 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 556)
(SUCCESSOR TO HSB 167)
A BILL FOR
1 An Act relating to applications for wireless communications
2 facilities and infrastructure.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 8C.1 Short title.
1 2 This chapter shall be known and may be cited as the "Iowa
1 3 Cell Siting Act".
1 4 Sec. 2. NEW SECTION. 8C.2 Definitions.
1 5 For the purposes of this chapter, unless the context
1 6 otherwise requires:
1 7 1. "Applicant" means any person engaged in the business of
1 8 providing wireless telecommunications services or the wireless
1 9 telecommunications infrastructure required for wireless
1 10 telecommunications services and who submits an application.
1 11 2. "Application" means a request submitted by an applicant
1 12 to an authority to construct a new tower, for the initial
1 13 placement of transmission equipment on a wireless support
1 14 structure, for the modification of an existing tower or
1 15 existing base station that constitutes a substantial change
1 16 to an existing tower or existing base station, or any other
1 17 request to construct or place transmission equipment that does
1 18 not meet the definition of an eligible facilities request.
1 19 3. "Authority", used as a noun, means a state, county,
1 20 or city governing body, board, agency, office, or commission
1 21 authorized by law to make legislative, quasi=judicial,
1 22 or administrative decisions relative to an application.
1 23 "Authority" does not include state courts having jurisdiction
1 24 over land use, planning, or zoning decisions made by an
1 25 authority, the utilities division of the department of
1 26 commerce, or entities that do not have zoning or permitting
1 27 authority.
1 28 4. a. "Base station" means a structure or equipment at a
1 29 fixed location that enables wireless communications licensed by
1 30 the federal communications commission or authorized wireless
1 31 communications between user equipment and a communications
1 32 network.
1 33 b. "Base station" does not mean a tower or equipment
1 34 associated with a tower.
1 35 c. "Base station" includes but is not limited to equipment
2 1 associated with wireless communications services such as
2 2 private, broadcast, and public safety services and unlicensed
2 3 wireless services and fixed wireless services such as microwave
2 4 backhaul.
2 5 d. "Base station" includes but is not limited to radio
2 6 transceivers, antennas, coaxial or fiberoptic cable, regular
2 7 and backup power supplies, and comparable equipment, regardless
2 8 of technological configuration.
2 9 e. "Base station" includes a structure other than a tower
2 10 that, at the time the relevant application is filed with
2 11 the state or local government, supports or houses equipment
2 12 described in this subsection that has been reviewed and
2 13 approved under the applicable zoning or siting process, or
2 14 under another state or local regulatory review process, even if
2 15 the structure was not built for the sole or primary purpose of
2 16 providing such support.
2 17 f. "Base station" does not include any structure that at
2 18 the time the relevant application is filed with the state or
2 19 local government does not support or house equipment described
2 20 in this subsection.
2 21 5. "Collocation" means the mounting or installation of
2 22 additional transmission equipment on a support structure
2 23 already in use for the purpose of transmitting or receiving
2 24 radio frequency signals for communications purposes.
2 25 5A. "Electric utility" means any owner or operator of
2 26 electric transmission or distribution facilities subject to the
2 27 regulation and enforcement activities of the Iowa utilities
2 28 board relating to safety standards.
2 29 6. "Eligible facilities request" means a request for
2 30 modification of an existing tower or base station that does
2 31 not substantially change the physical dimensions of the tower
2 32 or base station and involves collocation of new transmission
2 33 equipment, the removal of transmission equipment, or the
2 34 replacement of transmission equipment.
2 35 7. "Existing tower" or "existing base station" means a tower
3 1 or base station that has been reviewed and approved under the
3 2 applicable zoning or siting process, or under another state or
3 3 local regulatory review process. "Existing tower" includes a
3 4 tower that was not reviewed and approved because it was not in
3 5 a zoned area when it was built and lawfully constructed.
3 6 8. "Initial placement or installation" means the first time
3 7 transmission equipment is placed or installed on a wireless
3 8 support structure.
3 9 9. a. "Site", in relation to a tower that is not in the
3 10 public right=of=way, means the current boundaries of the leased
3 11 or owned property surrounding the tower and any access or
3 12 utility easements currently related to the site.
3 13 b. "Site", in relation to support structures other than
3 14 towers, means an area in proximity to the structure and to
3 15 other transmission equipment already deployed on the ground.
3 16 10. "Substantial change" means a change in the existing
3 17 support structure which results in one or more of the
3 18 following:
3 19 a. (1) Increase in the height of a tower, other than a
3 20 tower in the public right=of=way, by more than ten percent or
3 21 by the height of one additional antenna array with separation
3 22 from the nearest existing antenna not to exceed twenty feet,
3 23 whichever is greater.
3 24 (2) Increase in the height of existing support structures,
3 25 other than a tower in subparagraph (1), by more than ten
3 26 percent or more than ten feet, whichever is greater.
3 27 (3) Height shall be measured from the original support
3 28 structure in cases where deployments are or will be separated
3 29 horizontally, such as on buildings' rooftops. Otherwise,
3 30 height shall be measured from the dimensions of the tower or
3 31 base station, inclusive of originally approved appurtenances
3 32 and any modifications that were approved prior to the passage
3 33 of the Spectrum Act, Pub. L. No. 112=96, Tit. VI.
3 34 b. (1) Addition of an appurtenance to the body of the
3 35 tower, other than a tower in the public right=of=way, that
4 1 would protrude from the edge of the tower more than twenty
4 2 feet, or more than the width of the tower structure at the
4 3 level of the appurtenance, whichever is greater.
4 4 (2) Addition of an appurtenance to an existing support
4 5 structure, other than a tower under subparagraph (1), that
4 6 would protrude from the edge of the structure by more than six
4 7 feet.
4 8 c. (1) Installation of more than the standard number of
4 9 new equipment cabinets for the technology involved, but not to
4 10 exceed four cabinets.
4 11 (2) Installation of any new equipment cabinets on the ground
4 12 if there are no preexisting ground cabinets associated with the
4 13 tower in the public right=of=way or base station.
4 14 (3) Installation of ground cabinets that are more than
4 15 ten percent larger in height or overall volume than any
4 16 other ground cabinets associated with a tower in the public
4 17 right=of=way or base station.
4 18 d. Excavation or deployment outside the current site.
4 19 e. Defeat of concealment elements of the existing support
4 20 structure.
4 21 f. Noncompliance with conditions associated with the siting
4 22 approval of the construction or modification of the existing
4 23 support structure or base station equipment, except if the
4 24 change is noncompliant only in a manner that does not exceed
4 25 the thresholds identified in paragraphs "a" through "d".
4 26 11. "Tower" means a structure built for the sole or
4 27 primary purpose of supporting an antenna and the associated
4 28 facilities authorized or licensed by the federal communications
4 29 commission. "Tower" includes structures constructed for
4 30 wireless communications services, including but not limited to
4 31 private, broadcast, and public safety services and unlicensed
4 32 wireless services and fixed wireless services, such as
4 33 microwave backhaul, and the associated site.
4 34 12. "Transmission equipment" means equipment that
4 35 facilitates transmission for a wireless communications
5 1 service licensed or authorized by the federal communications
5 2 commission, including but not limited to radio transceivers,
5 3 antennas, coaxial or fiberoptic cable, and regular and backup
5 4 power supply. "Transmission equipment" includes equipment
5 5 associated with wireless communications services, including but
5 6 not limited to private, broadcast, and public safety services,
5 7 such as wireless local area network services and services
5 8 utilizing a set of specifications developed by the institute
5 9 of electrical and electronics engineers for interface between
5 10 a wireless client and a base station or between two wireless
5 11 clients, as well as unlicensed wireless services and fixed
5 12 wireless services, such as microwave backhaul.
5 13 12A. "Utility pole" means a structure owned or operated by
5 14 a public utility, municipality, or electric utility that is
5 15 designed specifically for and used to carry lines, cable, or
5 16 wires for telephone, cable television, or electricity, or to
5 17 provide lighting.
5 18 13. "Wireless support structure" means a structure that
5 19 exists at the time an application is submitted and is capable
5 20 of supporting the attachment or installation of transmission
5 21 equipment in compliance with applicable codes, including but
5 22 not limited to water towers, buildings, and other structures,
5 23 whether within or outside the public right=of=way. "Wireless
5 24 support structure" does not include a tower or existing base
5 25 station.
5 26 Sec. 3. NEW SECTION. 8C.3 Uniform rules and limitations ====
5 27 applications.
5 28 In order to ensure uniformity across this state with respect
5 29 to the consideration of every application, and notwithstanding
5 30 any other provision to the contrary, an authority shall not do
5 31 any of the following:
5 32 1. Require an applicant to submit information about, or
5 33 evaluate an applicant's business decisions with respect to, the
5 34 applicant's designed service, customer demand for service, or
5 35 quality of the applicant's service to or from a particular area
6 1 or site.
6 2 2. a. Evaluate an application based on the availability of
6 3 other potential locations for the placement or construction of
6 4 a tower or transmission equipment.
6 5 b. Require the applicant to establish other options for
6 6 collocation instead of the construction of a new tower or
6 7 modification of an existing tower or existing base station
6 8 that constitutes a substantial change to an existing tower or
6 9 existing base station.
6 10 c. Notwithstanding paragraph "b", an authority may require
6 11 an applicant applying for the construction of a new tower to
6 12 state in its application that it conducted an analysis of
6 13 available collocation opportunities on existing towers or
6 14 existing base stations within the same search ring defined by
6 15 the applicant solely for the purpose of confirming that the
6 16 applicant undertook such analysis.
6 17 3. Dictate the type of transmission equipment or technology
6 18 to be used by the applicant or discriminate between different
6 19 types of infrastructure or technology.
6 20 4. a. Require the removal of existing towers, base
6 21 stations, or transmission equipment, wherever located, as a
6 22 condition to approval of an application.
6 23 b. Notwithstanding paragraph "a", the authority may adopt
6 24 reasonable rules regarding removal of abandoned towers or
6 25 transmission equipment.
6 26 5. Impose environmental testing, sampling, or monitoring
6 27 requirements, or other compliance measures, for radio frequency
6 28 emissions from transmission equipment that are categorically
6 29 excluded under the federal communications commission's
6 30 rules for radio frequency emissions pursuant to 47 C.F.R.
6 31 {1.1307(b)(1).
6 32 6. Establish or enforce regulations or procedures for radio
6 33 frequency signal strength or the adequacy of service quality.
6 34 7. Reject an application, in whole or in part, based on
6 35 perceived or alleged environmental effects of radio frequency
7 1 emissions, as provided in 47 U.S.C. {332(c)(7)(B)(iv).
7 2 8. Prohibit the placement of emergency power systems that
7 3 comply with federal and state environmental requirements.
7 4 9. Charge an application fee, consulting fee, or other fee
7 5 associated with the submission, review, processing, or approval
7 6 of an application that is not required for similar types of
7 7 commercial development within the authority's jurisdiction.
7 8 Fees imposed by an authority or by a third=party entity
7 9 providing review or technical consultation to the authority
7 10 shall be based on actual, direct, and reasonable administrative
7 11 costs incurred for the review, processing, and approval of an
7 12 application. In no case shall total charges and fees exceed
7 13 five hundred dollars for an eligible facilities request or
7 14 three thousand dollars for an application for a new tower, for
7 15 the initial placement or installation of transmission equipment
7 16 on a wireless support structure, for a modification of an
7 17 existing tower or existing base station that constitutes a
7 18 substantial change to an existing tower or base station, or any
7 19 other application to construct or place transmission equipment
7 20 that does not constitute an eligible facilities request. An
7 21 authority or any third=party entity shall not include within
7 22 its charges any travel expenses incurred in the review of an
7 23 application, and an applicant shall not be required to pay or
7 24 reimburse an authority for consultant or other third=party fees
7 25 based on a contingency or result=based arrangement.
7 26 10. Impose surety requirements, including bonds,
7 27 escrow deposits, letters of credit, or any other type
7 28 of financial surety, to ensure that abandoned or unused
7 29 towers or transmission equipment can be removed unless the
7 30 authority imposes similar requirements on other applicants
7 31 for other types of commercial development or land uses. If
7 32 surety requirements are imposed, the requirements must be
7 33 competitively neutral, nondiscriminatory, reasonable in
7 34 amount, and commensurate with the historical record for local
7 35 facilities and structures that are abandoned.
8 1 11. Condition the approval of an application on the
8 2 applicant's agreement to provide space on or near the tower,
8 3 base station, or wireless support structure for authority or
8 4 local governmental or nongovernmental services at less than the
8 5 market rate for such space or to provide other services via the
8 6 structure or facilities at less than the market rate for such
8 7 services.
8 8 12. Limit the duration of the approval of an application,
8 9 except that construction of the approved structure or
8 10 facilities shall be commenced within two years of final
8 11 approval, including the disposition of any appeals, and
8 12 diligently pursued to completion.
8 13 13. Discriminate on the basis of the ownership, including
8 14 ownership by the authority, of any property, structure, or
8 15 tower when promulgating rules or procedures for siting wireless
8 16 facilities or for evaluating applications.
8 17 Sec. 4. NEW SECTION. 8C.4 Uniform rules ==== new tower
8 18 applications.
8 19 1. An authority may exercise zoning, land use, planning,
8 20 and permitting authority within the authority's territorial
8 21 boundaries with regard to the siting of new towers, subject to
8 22 the provisions of this chapter and federal law.
8 23 2. An applicant that proposes to construct a new tower
8 24 within the jurisdiction of an authority that has adopted
8 25 planning and zoning regulations shall submit the necessary
8 26 copies and attachments of the application to the appropriate
8 27 authority and comply with applicable local ordinances
8 28 concerning land use and the appropriate permitting processes.
8 29 3. All records, documents, and electronic data, except
8 30 the name of the applicant and the location of the proposed
8 31 project, in the possession or custody of authority personnel
8 32 shall be considered confidential trade secrets as provided for
8 33 in section 22.7, subsection 3.
8 34 4. An authority, within one hundred fifty calendar days
8 35 of receiving an application to construct a new tower, unless
9 1 another date is specified in a written agreement between the
9 2 authority and the applicant, shall comply with the following
9 3 provisions:
9 4 a. Review the application for conformity with applicable
9 5 local zoning regulations, building permit requirements, and
9 6 consistency with this chapter. An application is deemed to
9 7 be complete unless the authority notifies the applicant in
9 8 writing, within thirty calendar days of submission of the
9 9 application, specifying the deficiencies in the application
9 10 which, if cured, would make the application complete. The
9 11 authority's timeframe to review the application is tolled
9 12 beginning the date the notice is sent. The authority's
9 13 timeframe of one hundred fifty days for review of the
9 14 application begins running again when the applicant cures the
9 15 specified deficiencies. Following the applicant's supplemental
9 16 submission, the authority has ten days to notify the
9 17 applicant that the supplemental submission did not provide the
9 18 information identified in the original notice that specified
9 19 deficiencies in the application. The authority's timeframe of
9 20 one hundred fifty days to review the application is tolled in
9 21 the case of second or subsequent notices in conformance with
9 22 this paragraph. The authority shall not include deficiencies
9 23 in a second or subsequent notice that were not delineated in
9 24 the original notice. The authority's timeframe for review does
9 25 not toll if the authority requests information regarding any of
9 26 the considerations an authority may not consider as described
9 27 in section 8C.3.
9 28 b. Make its final decision to approve or disapprove the
9 29 application.
9 30 c. Advise the applicant in writing of its final decision.
9 31 5. If the authority fails to act on an application to
9 32 construct a new tower within the timeframe for review specified
9 33 under subsection 4, the application shall be deemed approved.
9 34 6. A party aggrieved by the final action of an authority,
9 35 either by its affirmative disapproval of an application under
10 1 the provisions of this section or by its inaction, may bring an
10 2 action for review in any court of competent jurisdiction.
10 3 Sec. 5. NEW SECTION. 8C.5 Uniform rules for certain
10 4 changes.
10 5 1. An authority may exercise zoning, land use, planning,
10 6 and permitting authority within the authority's territorial
10 7 boundaries with regard to an application for initial placement
10 8 or installation of transmission equipment on wireless support
10 9 structures, for modification of an existing tower or existing
10 10 base station that constitutes a substantial change, or for a
10 11 request for construction or placement of transmission equipment
10 12 that does not constitute an eligible facilities request,
10 13 subject to the provisions of this chapter and federal law.
10 14 2. An applicant that proposes an initial placement or
10 15 installation of transmission equipment on wireless support
10 16 structures, a modification of an existing tower or existing
10 17 base station that constitutes a substantial change, or a
10 18 request for construction or placement of transmission equipment
10 19 that does not constitute an eligible facilities request, within
10 20 the jurisdiction of an authority that has adopted planning
10 21 and zoning ordinances, rules, or regulations shall submit the
10 22 necessary copies and attachments of the application to the
10 23 authority and comply with such applicable local ordinances,
10 24 rules, or regulations concerning land use and zoning and the
10 25 appropriate local permitting processes.
10 26 3. All records, including but not limited to documents and
10 27 electronic data, in the possession or custody of authority
10 28 personnel shall be considered confidential trade secrets as
10 29 provided for in section 22.7, subsection 3.
10 30 4. An authority, within ninety calendar days of receiving an
10 31 application pursuant to subsection 2, unless another date is
10 32 specified in a written agreement between the authority and the
10 33 applicant, shall comply with the following provisions:
10 34 a. Review the application for conformity with applicable
10 35 local zoning ordinances, rules, or regulations, building
11 1 permit requirements, and consistency with this chapter. An
11 2 application is deemed to be complete unless the authority
11 3 notifies the applicant in writing, within thirty calendar
11 4 days of submission of the application, specifying the
11 5 deficiencies in the application which, if cured, would make
11 6 the application complete. The authority's timeframe for
11 7 review is tolled beginning the date the notice is sent. The
11 8 authority's ninety=day timeframe for review of the application
11 9 begins running again when the applicant cures the specified
11 10 deficiencies. Following the applicant's supplemental
11 11 submission, the authority has ten days to notify the
11 12 applicant that the supplemental submission did not provide the
11 13 information identified in the original notice that specified
11 14 deficiencies. The authority's ninety=day timeframe to review
11 15 the application is tolled in the case of second or subsequent
11 16 notices in conformance with this paragraph. The authority
11 17 shall not include deficiencies in a second or subsequent
11 18 notice that were not delineated in the original notice. The
11 19 authority's ninety=day timeframe for review does not toll
11 20 if the authority requests information regarding any of the
11 21 considerations an authority may not consider as described in
11 22 section 8C.3.
11 23 b. Make its final decision to approve or disapprove the
11 24 application.
11 25 c. Advise the applicant in writing of its final decision.
11 26 5. If the authority fails to act on an application for an
11 27 initial placement or installation of transmission equipment on
11 28 wireless support structures, for a modification of an existing
11 29 tower or existing base station that constitutes a substantial
11 30 change, or for a request for construction or placement of
11 31 transmission equipment that does not constitute an eligible
11 32 facilities request within the review period specified under
11 33 subsection 4, the application shall be deemed approved.
11 34 6. A party aggrieved by the final action of an authority,
11 35 either by its affirmative disapproval of an application under
12 1 the provisions of this section or by its inaction, may bring an
12 2 action for review in any court of competent jurisdiction.
12 3 Sec. 6. NEW SECTION. 8C.6 Use of public lands for towers
12 4 and transmission equipment.
12 5 1. In accordance with other applicable laws, when entering
12 6 into a lease with an applicant for the applicant's use of
12 7 public lands, an authority shall offer the market rate value
12 8 for use of that land. The term of the lease shall be for at
12 9 least twenty years.
12 10 2. a. If the authority and the applicant cannot agree
12 11 on the market rate for lease of the public land and cannot
12 12 agree on the process to derive the market rate, the appraisals
12 13 of a three=person panel of appraisers shall determine the
12 14 market rate. Each party will appoint one appraiser and the
12 15 two appointed appraisers shall select a third appraiser. Each
12 16 appraiser shall independently appraise the appropriate market
12 17 rate for lease of the land. The market rate shall be set at
12 18 the median value between the highest and lowest market rates
12 19 determined by the three independent appraisers. However, if
12 20 the median between the appraisals of the appraisers appointed
12 21 by each party is greater than or less than ten percent of the
12 22 appraisal of the appraiser selected by the two appraisers, then
12 23 the appraisal of the appraiser selected by the two appraisers
12 24 shall determine the rate for the lease. Each appraiser
12 25 shall send a copy of the appraisal to the authority and the
12 26 applicant. The authority shall use the appraisal process under
12 27 this paragraph to determine the lease rate for purposes of this
12 28 subsection.
12 29 0b. An authority shall approve or reject the lease rate as
12 30 determined by the appraisal process pursuant to paragraph "a"
12 31 within fifteen days following completion and receipt of the
12 32 appraisals obtained pursuant to paragraph "a". The authority's
12 33 failure to reject the lease rate as determined by the appraisal
12 34 process within fifteen days constitutes approval of the lease
12 35 rate determined pursuant to paragraph "a" as the market rate
13 1 value for the use of the land for purposes of the lease between
13 2 the authority and the applicant.
13 3 b. The authority and applicant shall conclude the appraisal
13 4 process within one hundred fifty calendar days from the date
13 5 the applicant first offered a proposed lease rate to the
13 6 authority.
13 7 c. If using the three=person panel, each party shall bear
13 8 the cost of its own appointed appraiser and equally share the
13 9 cost of the third appraiser.
13 10 Sec. 7. NEW SECTION. 8C.7 Utility poles.
13 11 Notwithstanding any provision to the contrary, an authority
13 12 shall not mandate, require, or regulate the installation,
13 13 location, or use of transmission equipment on a utility pole.
13 14 Sec. 8. NEW SECTION. 8C.8 Application and construction.
13 15 This chapter shall not be construed as:
13 16 1. Prohibiting an airport, aviation authority, or
13 17 municipality from administering and enforcing airport zoning
13 18 pursuant to the provisions of chapter 329 for the protection
13 19 of navigable airspace.
13 20 2. Infringing upon the jurisdiction of a commission, as
13 21 defined in section 303.20, to approve or deny applications
13 22 for proposed alterations to exterior features within an area
13 23 designated as an area of historical significance.
13 24 3. Infringing upon the jurisdiction of a city or county,
13 25 or any other entity authorized by statute, to approve or deny
13 26 applications for proposed alterations to exterior features of
13 27 designated local landmarks.
13 28 EXPLANATION
13 29 The inclusion of this explanation does not constitute agreement with
13 30 the explanation's substance by the members of the general assembly.
13 31 This bill relates to the deployment of and applications for
13 32 wireless communications facilities and infrastructure.
13 33 The bill provides a number of definitions regarding wireless
13 34 facilities and infrastructure. "Authority" is defined to mean
13 35 a state, county, or municipal governing body, board, agency,
14 1 office, or commission authorized by law to make legislative,
14 2 quasi=judicial, or administrative decisions relative to an
14 3 application. "Application" is defined as a request submitted
14 4 by an applicant to an authority to construct a new tower, for
14 5 the initial placement of transmission equipment on a wireless
14 6 support structure, for the modification of an existing tower
14 7 or existing base station that constitutes a substantial
14 8 change to an existing tower or existing base station, or any
14 9 other request to construct or place transmission equipment
14 10 that does not meet the definition of an eligible facilities
14 11 request as it is not a substantial change. "Tower" is a
14 12 structure built for the sole or primary purpose of supporting
14 13 an authorized or federal communications commission licensed
14 14 antenna and the associated facilities. "Wireless support
14 15 structure" is defined as a structure that exists at the time
14 16 an application is submitted and is capable of supporting the
14 17 attachment or installation of transmission equipment, but does
14 18 not include a tower or existing base station. "Transmission
14 19 equipment" means equipment that facilitates transmission for an
14 20 authorized federal communications commission licensed wireless
14 21 communications service.
14 22 The bill provides a series of uniform rules or limitations
14 23 applicable to all applications. The rules and limitations
14 24 include prohibiting requiring certain information, as specified
14 25 in the bill, from or about an applicant.
14 26 The bill provides timeframes within which an authority must
14 27 act upon an application to construct a new tower, for the
14 28 initial placement or installation of transmission equipment on
14 29 wireless support structures, for modification of an existing
14 30 tower or base station that constitutes a substantial change,
14 31 or for a request for construction or placement of transmission
14 32 equipment that does not constitute an eligible facilities
14 33 request. The authority may request that the applicant cure
14 34 deficiencies in the application, during which time the
14 35 timeframe for review is tolled.
15 1 When entering into a lease with an applicant for the
15 2 applicant's use of public land, the bill requires an authority
15 3 to offer the market rate value for use of that land and a lease
15 4 term of at least 20 years. The bill provides a process for
15 5 determination of the market rate value for purposes of the
15 6 lease if the authority and the applicant disagree on the rate.
15 7 The bill provides that an authority, as defined in the bill,
15 8 shall not mandate, require, or regulate the installation,
15 9 location, or use of transmission equipment on a utility pole.
15 10 The bill states that nothing in the bill shall be construed
15 11 as prohibiting an airport, aviation authority, or municipality
15 12 from administering and enforcing airport zoning for the
15 13 protection of navigable airspace.
15 14 The bill states that nothing in the bill should be construed
15 15 as infringing upon the jurisdiction of a commission, defined
15 16 for purposes of historical preservation districts, to approve
15 17 or deny applications for proposed alterations to exterior
15 18 features within an area designated as an area of historical
15 19 significance. In addition, the bill provides that nothing in
15 20 the bill should be construed as infringing upon a city, county,
15 21 or other entity authorized by statute in approving or denying
15 22 applications for proposed alterations to exterior features of
15 23 designated local landmarks.
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