| Passed by the House April 26, 2013 Yeas 96 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 25, 2013 Yeas 37 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1183 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 21, 2013, 2:19 p.m. JAY INSLEE ________________________________________ Governor of the State of Washington | May 21, 2013 Secretary of State State of Washington |
| State of Washington | 63rd Legislature | 2013 Regular Session |
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)))
(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)). This exemption does not apply to
projects within a designated ((
(b) The project is not inenvironmentally sensitive)) critical
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 exemption authorized under subsection (1) of this section
may only be applied to a project consisting of a series of actions when
all actions in the series are categorically exempt and the actions
together do not have a probable significant adverse environmental
impact.
(3) 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 subsections
(1) and (2) of this section.
(((3) For the purposes of this section:))
(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
telecommunications 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)) "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; or
(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.
NEW SECTION. Sec. 2 The code reviser is directed to put the
defined terms in RCW 43.21C.0384(5) into alphabetical order.