S-5083.1 _______________________________________________
SUBSTITUTE SENATE BILL 6683
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State of Washington 54th Legislature 1996 Regular Session
By Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senators Finkbeiner and Sutherland)
Read first time 02/02/96.
AN ACT Relating to personal wireless service facilities; adding a new section to chapter 43.21C RCW; adding new sections to chapter 80.36 RCW; adding a new section to chapter 19.27 RCW; adding a new section to chapter 70.92 RCW; adding a new section to chapter 43.70 RCW; and making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 43.21C RCW to read as follows:
(1) Unless this section is preempted by applicable federal statutes, 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 or personal communications services antenna, and is to be attached to an existing structure that is not a residence or school; or (ii) the facility is an antenna, other than a microcell or personal communications services antenna, and is to be attached to an existing structure that is not a residence or 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, or colocation of an antenna on, a cellular 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) For the purposes of this section, "personal wireless service" means any wireless telecommunications service licensed by the federal communications commission.
NEW SECTION. Sec. 2. A new section is added to chapter 80.36 RCW to read as follows:
(1) Unless this section is preempted by applicable federal statutes, if a telecommunications service provider applies to site several microcells or personal communications services antennas in a single geographical area:
(a) If one or more of the microcells or personal communications services antennas 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 or personal communications services antennas to be sited; and (ii) to render decisions under chapter 43.21C RCW regarding all the microcells or personal communications services antennas 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 or personal communications services antennas to be sited; and (ii) to render decisions regarding land use permits for all the microcells or personal communications services antennas in a single administrative proceeding.
(2) For the purposes of this section, "personal wireless service" means any wireless telecommunications service licensed by the federal communications commission.
NEW SECTION. Sec. 3. A new section is added to chapter 19.27 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 and mechanical systems efficiency requirements.
(2) For the purposes of this section, "personal wireless service" means any wireless telecommunications service licensed by the federal communications commission.
NEW SECTION. Sec. 4. A new section is added to chapter 70.92 RCW to read as follows:
(1) An equipment shelter of a personal wireless service facility is exempt from the barrier-free accessibility requirements of this chapter and rules adopted under this chapter, if the shelter meets the following conditions: (a) The shelter is not located on or otherwise attached to a building or structure subject to barrier-free access requirements; (b) the shelter is not staffed; and (c) to conduct maintenance activities, employees who visit the shelter must be able to climb.
(2) For the purposes of this section, "personal wireless service" means any wireless telecommunications service licensed by the federal communications commission.
NEW SECTION. Sec. 5. A new section is added to chapter 80.36 RCW to read as follows:
(1) Unless this section is preempted by applicable federal statutes, a personal wireless service facility, by itself or in combination with others, shall not expose the public to non-ionizing electromagnetic radiation in an amount exceeding the standard recommended by the American national standard institute in 1992.
(2) For the purposes of this section, "personal wireless service" means any wireless telecommunications service licensed by the federal communications commission.
NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:
The department shall conduct a survey of scientific literature regarding the possible health effects from the radiofrequency part of the electromagnetic spectrum, 300 Hz to 300 GHz. The department shall submit the survey results to the legislature by January 1, 1997, and shall prepare a summary of that survey, and make the summary available to the public. The department shall update the survey and summary in even-numbered years.
NEW SECTION. Sec. 7. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1997, from the general fund-state to the department of health for the purposes of carrying out the department's responsibilities under section 6 of this act.
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