AN ACT Relating to
personal wireless service facilities; adding a new section to chapter 43.21C
RCW; adding a new section to chapter 80.36 RCW; adding a new section to chapter
19.27A RCW; adding a new section to chapter 70.92 RCW; adding new sections to chapter
43.70 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that concerns have been raised over possible health effects from exposure to
some wireless telecommunications facilities, and that exposures from these
facilities should be kept as low as reasonably achievable while still allowing
the operation of these networks. The legislature further finds that the
department of health should serve as the state agency that follows the issues
and compiles information pertaining to potential health effects from wireless
telecommunications facilities.
NEW SECTION. Sec.
2. A new section is added
to chapter 43.21C RCW to read as follows:
(1) Decisions
pertaining to applications to site personal wireless service facilities are not
subject to the requirements of RCW 43.21C.030(2)(c), if those facilities meet
the following requirements:
(a)(i) The facility to
be sited is a microcell and is to be attached to an existing structure that is
not a residence or school and does not contain a residence or a school; or (ii)
the facility includes personal wireless service antennas, other than a
microcell, and is to be attached to an existing structure (that may be an
existing tower) that is not a residence or school and does not contain a
residence or a school, and the existing structure to which it is to be attached
is located in a commercial, industrial, manufacturing, forest, or agricultural
zone; or (iii) the siting project involves constructing a personal wireless
service tower less than sixty feet in height that is located in a commercial,
industrial, manufacturing, forest, or agricultural zone; and
(b) The project is not
in a designated environmentally sensitive area; and
(c) The project does
not consist of a series of actions: (i) Some of which are not categorically
exempt; or (ii) that together may have a probable significant adverse
environmental impact.
(2) The department of
ecology shall adopt rules to create a categorical exemption for microcells and
other personal wireless service facilities that meet the conditions set forth
in subsection (1) of this section.
(3) For the purposes of
this section:
(a) "Personal wireless
services" means commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services, as defined by federal
laws and regulations.
(b) "Personal
wireless service facilities" means facilities for the provision of
personal wireless services.
(c)
"Microcell" means a wireless communication facility consisting of an
antenna that is either: (i) Four feet in height and with an area of not more
than five hundred eighty square inches; or (ii) if a tubular antenna, no more
than four inches in diameter and no more than six feet in length.
NEW SECTION. Sec.
3. A new section is added
to chapter 80.36 RCW to read as follows:
(1) If a personal
wireless service provider applies to site several microcells in a single
geographical area:
(a) If one or more of
the microcells are not exempt from the requirements of RCW 43.21C.030(2)(c),
local governmental entities are encouraged: (i) To allow the applicant, at the
applicant's discretion, to file a single set of documents required by chapter
43.21C RCW that will apply to all the microcells to be sited; and (ii) to
render decisions under chapter 43.21C RCW regarding all the microcells in a
single administrative proceeding; and
(b) Local governmental
entities are encouraged: (i) To allow the applicant, at the applicant's
discretion, to file a single set of documents for land use permits that will
apply to all the microcells to be sited; and (ii) to render decisions regarding
land use permits for all the microcells in a single administrative proceeding.
(2) For the purposes of
this section:
(a) "Personal
wireless services" means commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services, as defined by
federal laws and regulations.
(b) "Microcell"
means a wireless communication facility consisting of an antenna that is
either: (i) Four feet in height and with an area of not more than five hundred
eighty square inches; or (ii) if a tubular antenna, no more than four inches in
diameter and no more than six feet in length.
NEW SECTION. Sec.
4. A new section is added
to chapter 19.27A RCW to read as follows:
(1) The state building
code council shall exempt equipment shelters of personal wireless service
facilities from building envelope insulation requirements.
(2) For the purposes of
this section, "personal wireless service facilities" means facilities
for the provision of personal wireless services.
NEW SECTION. Sec.
5. A new section is added
to chapter 70.92 RCW to read as follows:
(1) The state building
code council shall amend its rules under chapter 70.92 RCW, to the extent
practicable while still maintaining the certification of those regulations
under the federal Americans with disabilities act, to exempt personal wireless
services equipment shelters, or the room or enclosure housing equipment for
personal wireless service facilities, that meet the following conditions: (a)
The shelter is not staffed; and (b) to conduct maintenance activities,
employees who visit the shelter must be able to climb.
(2) For the purposes of
this section, "personal wireless service facilities" means facilities
for the provision of personal wireless services.
NEW SECTION. Sec.
6. A new section is added
to chapter 43.70 RCW to read as follows:
When funds are
appropriated for this purpose, the department shall conduct a survey of
scientific literature regarding the possible health effects of human exposure
to the radio frequency part of the electromagnetic spectrum (300Hz to 300GHz).
The department shall submit the survey results to the legislature, prepare a
summary of that survey, and make the summary available to the public. The
department shall update the survey and summary periodically.
NEW SECTION. Sec.
7. A new section is added
to chapter 43.70 RCW to read as follows:
Unless
this section is preempted by applicable federal statutes, the department may
require that in residential zones or areas, all providers of personal wireless
services, as defined in section 1 of this act, provide random test results on
power density analysis for the provider's licensed frequencies showing radio
frequency levels before and after development of the personal wireless service
antenna facilities, following national standards or protocols of the federal
communications commission or other federal agencies. This section shall not
apply to microcells as defined in section 3 of this act. The department may adopt
rules to implement this section.
