BILL REQ. #:  H-1012.4 

READ FIRST TIME 02/04/13.   

     AN ACT Relating to wireless communications structures; amending RCW 43.21C.0384; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.21C.0384 and 1996 c 323 s 2 are each amended 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)) collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures does not substantially change the physical dimensions of such structures; ((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))) and
     (b) 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)). This exemption does not apply to projects within a designated environmentally sensitive area.
     (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:)) No more than two categorical exemptions related to increases in structure height, width, or the boundaries of an existing equipment compound for a specific wireless service facility may be granted within a six year time period.
     (4) By January 1, 2020, all wireless service providers granted an exemption to RCW 43.21C.030(2)(c) must provide the legislature with the number of permits issued pertaining to wireless service facilities, the number of exemptions granted under this section, and the total dollar investment in wireless service facilities between July 1, 2013, and June 30, 2019.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "((Personal)) Wireless services" means wireless data and telecommunication services, including commercial mobile services, commercial mobile data 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.))
     (c) "Collocation" means the mounting or installation of equipment on an existing tower, building, or structure for the purpose of either transmitting or receiving, or both, radio frequency signals for communications purposes.
     (d) "Existing structure" means any existing tower, pole, building, or other structure capable of supporting wireless service facilities.
     (e) "Substantially change the physical dimensions" means:
     (i) The mounting of equipment on a structure that would increase the height of the structure by more than ten percent, or twenty feet, whichever is greater;
     (ii) The mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater;
     (iii) The expansion of the boundaries of the existing equipment compound surrounding the existing wireless facility by more than thirty linear feet in any direction or excavation outside the expanded boundaries or outside any existing access or utility easement related to the existing wireless facility; or
     (iv) The mounting of a proposed antenna or equipment would involve the addition of more than the standard number of new equipment cabinets, not to exceed four, or the addition of more than one new equipment shelter.

NEW SECTION.  Sec. 2   The code reviser is directed to put the defined terms in RCW 43.21C.0384(5) into alphabetical order.