98RS HB168


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HB 168/LM (BR 934) - P. Marcotte, L. Brandstetter, J. Callahan, R. Crimm, J. Gray, T. Kerr, T. McKee, R. Murgatroyd, S. Riggs, A. Simpson, K. Stine, C. Walton

     AN ACT relating to cellular telecommunications facilities.
     Create new sections of KRS Chapter 100 to allow local planning units that have adopted planning or zoning regulations in accordance with KRS Chapter 100 to control the siting of cellular antenna towers in their jurisdiction; give the planning commission the authority to require a utility to co-locate transmission equipment on any new or existing cellular antenna tower; require utilities proposing to construct a cellular antenna tower to submit a proposal; provide any other information that the local planning commission deems necessary to evaluate a proposal to the local planning commission, and file a grid map with the local planning commission; remove the utility's appeal to the Public Service Commission; require a utility to obtain approval of a proposal or a final determination by a court of law before applying for a certificate of necessity and convenience; amend KRS 100.324 and 278.650 to conform.


     HCS - Change the term "application" to "uniform application" and exempt any county that contains a city of the first class from the application process; require planning commissions, legislative body or fiscal courts to register with the Public Service Commission before regulating the siting of cellular antenna towers; provide that information in the uniform application is confidential and that the penalty for the release of information, except under court order, is official misconduct in the second degree; provide that an application shall be deemed approved by a planning commission if no decision is reached in sixty (60) days; provide for the utility to have an automatic appeal to the Public Service Commission; provide for any other party to appeal the planning commission's decision to the Franklin Circuit Court; change the planning commission's right to require a utility to co-locate to the right to require the utility to attempt co-location; require a utility to provide the planning commission with information about where it attempted co-location and the reasons for any failed attempt in each case; provide the planning commission with the right to deny an application based on an unsuccessful attempt to co-locate; amend KRS 100.324 to conform; provide the Public Service Commission with the authority to promulgate administrative regulations to set the content of the uniform application and procedures to carry out the responsibilities under this Act; provide a severability clause; make technical corrections.
     HFA (1, J. Gray) - Amend Section 2(a) to prohibit the Public Service Commission from overriding the decision of the local planning commission to deny the proposed location of a cellular communications tower.
     HFA (2, L. Brandstetter) - Amend Section 2 to clarify that the bill applies to companies engaged in the business of providing infrastructure to a utility, to clarify that federal and state laws as prescribed could limit the application of the bill, to require the planning commission to also notify the Public Service Commission of their final decision regarding the construction of the cellular tower; clarify the application of the 60 day waiting period for planning commission action; and permit intervention of parties which are aggrieved by the action of the planning commission.
     SFA (1, W. Blevins) - WITHDRAWN
     SFA (2, G. Williams) - Change reference to planning unit and legislative body to planning unit or legislative body.
     SFA (3, B. Jackson) - Delete the appeal to the Franklin Circuit Court for parties aggrieved by planning commission's decision on co-location.

     Jan 7-introduced in House
     Jan 8-to Counties and Special Districts (H)
     Jan 9-posted in committee
     Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 12-2nd reading, to Rules
     Feb 18-posted for passage in the Regular Orders of the Day for February 19, 1998
     Feb 19-floor amendments (1) and (2) filed to Committee Substitute
     Feb 23-3rd reading, passed 91-4 with Committee Substitute and Floor Amendment (2)
     Feb 24-received in Senate
     Feb 25-to State and Local Government (S)
     Mar 12-reported favorably, 1st reading, to Consent Calendar
     Mar 13-2nd reading, to Rules
     Mar 16-posted for passage in the Consent Orders of the Day for March 18, 1998; floor amendment (1) filed
     Mar 17-floor amendment (2) filed
     Mar 18-floor amendment (3) filed; taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; floor amendment (1) withdrawn
     Mar 19-floor amendment (2) withdrawn; 3rd reading, passed 34-0 with floor amendment (3)
     Mar 20-received in House; posted for passage for concurrence in Senate amendment
     Mar 24-House concurred in Senate floor amendment (3); passed 90-1
     Mar 25-enrolled, signed by each presiding officer, delivered to Governor
     Apr 1-signed by Governor

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