SB 225

Bill Subjects

Engineers And Land Surveyors Local Government Study Committees Telecommunications, Telephone, Television, Radio, And Internet Utility Regulatory Commission

Abstract

Amends the statute concerning the issuance of permits by local permit authorities to communications service providers for the construction and installation of wireless facilities and wireless support structures (including small cell facilities) as follows: (1) Allows a neighborhood association, a homeowners association, or an individual resident of the area over which a permit authority has jurisdiction to register with the permit authority to receive mailed notice of any permit application filed with the permit authority. (Current law allows only neighborhood associations and homeowners associations to register to receive notice, and only with respect to applications for new utility poles or new wireless support structures used to support small cell facilities.) (2) Provides that upon receiving a permit application after June 30, 2021, a permit authority shall provide notice of the application on: (A) the permit authority's Internet web site; or (B) if the permit authority does not maintain an Internet web site, the Internet web site of each affected local unit with respect to which the permit authority has jurisdiction. (3) Specifies that a local unit or permit authority is not prohibited from adopting any ordinance or regulation that requires or regulates the placement of signs, markers, or other notices: (A) on or near any wireless support structures or wireless facilities; and (B) that include information, notice, or warnings concerning radio frequency fields or radiation associated with wireless facilities. (4) Subject to protections for certain information, requires: (A) permit authorities to submit information to the Indiana utility regulatory commission (IURC) concerning: (i) the location of each wireless facility or wireless support structure for which a permit has been approved; and (ii) the communications service provider for which the permit was approved; and (B) the IURC to publish on the IURC's Internet web site the information submitted. (5) With respect to an application for a permit to construct a new wireless support structure: (A) removes language allowing an applicant's decision not to collocate wireless facilities on an existing wireless support structure to be based on evidence that collocation would be an economic burden to the applicant; and (B) requires that certain other evidence that may serve as the basis for an applicant's decision against collocation be certified by a professional engineer. (6) Provides that with respect to an application for the placement of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, a permit authority may propose, as an alternative location, that the small cell facility be collocated on an existing utility pole or wireless support structure if the existing utility pole or wireless support structure is located within 100 feet (versus 50 feet under current law) of the applicant's proposed location. (7) Requires the applicant to use the permit authority's alternative location if that location will not result in technical limitations or significant additional costs, as certified by a professional engineer whose selection is agreed to by both parties. (Current law allows the applicant, rather than requires an independent professional engineer, to determine whether the permit authority's proposed alternative location will result in technical limitations or additional costs.) (8)With respect to an application concerning a small cell facility and an associated supporting structure, removes a provision that prohibits a permit authority from conditioning approval of the application on the applicant's agreement to allow other wireless facilities to be placed at, attached to, or located on the associated support structure. (9) Specifies that the statute does not prohibit a local unit or a permit authority from offering or approving tax incentives or other incentives for communications service providers that offer or agree to collocate a proposed wireless facility on an existing structure. (10) Urges the legislative council to assign to the interim study committee on energy, utilities, and telecommunications the task of studying the impact on human health of radiation or radio frequency fields associated with wireless communications facilities.