Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB426 (§ 13).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, line 9, by deleting “14,” and inserting “10,”.
Amend section 1, page 2, by deleting line 24 and inserting:
“decisions concerning the construction”.
Amend section 1, page 2, line 35, by deleting “14,” and inserting “10,”.
Amend section 1, page 2, by deleting lines 37 and 38 and inserting:
“by the State and by any local governments of applications to construct facilities for personal wireless service and to encourage the State and any local governments to allow the construction of facilities for personal wireless service on government property.”.
Amend sec. 2, page 2, line 40, by deleting “14,” and inserting “10,”.
Amend sec. 3, page 2, line 42, by deleting “14,” and inserting “10,”.
Amend sec. 3, page 2, line 44, by deleting “11,” and inserting “7,”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Amend sec. 6, page 3, by deleting lines 9 and 10 and inserting:
“Sec. 5. “Land use authority” means an agency, bureau, board, commission, department, division, officer or employee of the State or of a local government authorized by law to take action on an application to construct a facility for personal wire service.”.
Amend the bill as a whole by deleting sec. 7 and renumbering sec. 8 as sec. 6.
Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 7.
Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 through 15 as sections 8 through 11.
Amend sec. 12, page 3, by deleting lines 26 through 30 and inserting:
“ordinance to the contrary, a land use authority with jurisdiction over an application to construct a facility for personal wireless service shall, after notice and an opportunity for a hearing, approve the application if:
(a) The applicant is a provider of wireless telecommunications that is”.
Amend sec. 12, pages 3 and 4, by deleting lines 34 through 45 on page 3 and lines 1 through 15 on page 4, and inserting:
“(b) The facility for personal wireless service is to be:
(1) Architecturally integrated with its surroundings so that it appears to be an architectural feature of a building or other structure and its nature as a facility for personal wireless service is not readily apparent;
(2) Collocated with a facility for personal wireless service approved, or capable of being approved, by the land use authority;
(3) Constructed on an existing building or structure owned by a public utility or on property owned by the State or by a local government; or
(4) If constructed on an existing building or structure not owned by a public utility, architecturally compatible with the building or structure and not more than 10 feet taller than the building or structure.
2. The land use authority shall not:
(a) Consider the environmental effects of radio frequency emissions”.
Amend section 12, page 4, by deleting lines 19 through 21 and inserting:
“(b) Deny or condition the approval of the application to construct a facility for personal wireless service on the basis of its design if the applicant demonstrates that the design of the facility is consistent with community aesthetics.
(c) If the application to construct a facility for personal wireless services requests the use of a public right-of-way, deny the application if the proposed use:
(1) Meets all applicable requirements for use of a public right-of-way; and
(2) Does not endanger the public health or safety.
3. A land use authority of a local government may provide for the administrative appeal of a decision made pursuant to this section.”.
Amend section 13, page 4, by deleting lines 22 through 33 and inserting:
“Sec. 9. A land use authority, in connection with an application to construct a facility for personal wireless service, may assess the applicant for the actual costs incurred by the land use authority to process the application.”.
Amend section 14, pages 4 and 5, by deleting lines 34 through 45 on page 4 and lines 1 through 4 on page 5, and inserting:
“Sec. 10. 1. A land use authority that denies or conditions the approval of an application to construct a facility for personal wireless service shall issue a written decision. The decision must:
(a) Set forth with specificity each ground on which the authority denied or conditioned the approval of the application; and
(b) Be supported by substantial evidence contained in a written record.
2. A person who brings an action against a land use authority pursuant to NRS 278.0233 shall file a copy of the decision and record with the court.”.
Amend the title of the bill to read as follows:
“AN ACT relating to wireless telecommunications; establishing a statewide procedure for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial or conditional approval of an application be in writing, set forth each ground for denial or conditional approval, and be supported by substantial evidence contained in a written record; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: