CERTIFICATION OF ENROLLMENT

 

              ENGROSSED SUBSTITUTE HOUSE BILL 2828

 

 

 

 

 

 

 

                        54th Legislature

                      1996 Regular Session

Passed by the House March 6, 1996

  Yeas 71   Nays 23

 

 

 

 

Speaker of the

      House of Representatives

 

Passed by the Senate March 7, 1996

  Yeas 36   Nays 11

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2828 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

 

President of the Senate

 

                          Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

               ENGROSSED SUBSTITUTE HOUSE BILL 2828

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1996 Regular Session

 

State of Washington      54th Legislature     1996 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representative Crouse)

 

Read first time 02/05/96. 

 

Regulating wireless telephone services. 


    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.

 


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