Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB426 R2 (§ 9).
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 sec. 8, page 3, by deleting line 20 and inserting:
“shall:
(a) Establish procedures and standards for the review and approval of such an application, including, without limitation, procedures for:
(1) Review and approval of such an application by administrative staff pursuant to this section; and
(2) Consideration of such an application by the land use authority if the administrative staff denies the application; and
(b) Authorize administrative staff to review and approve such an application pursuant to this section.
2. The administrative staff authorized to review and approve an application to construct a facility for personal wireless service may approve such an application if:
(a) The applicant complies with the procedures established by the land use authority pursuant to this section;
(b) The facility for personal wireless service meets the standards established by the land use authority pursuant to this section;”.
Amend sec. 8, page 3, line 21, by deleting “(a)” and inserting “(c)”.
Amend sec. 8, page 3, line 25, by deleting “(b)” and inserting “(d)”.
Amend sec. 8, page 3, line 31, by deleting “authority;” and inserting:
“authority, if the facility for personal wireless service that is the subject of the application is architecturally integrated as described in subparagraph (1) at least to the extent that the facility for personal wireless service with which it is to be collocated is architecturally integrated;”.
Amend sec. 8, page 3, by deleting line 37.
Amend sec. 8, page 3, between lines 38 and 39 by inserting:
“3. If the administrative staff authorized pursuant to this section to review and approve an application to construct a facility for personal wireless service denies such an application, the administrative staff shall provide to the applicant and the land use authority a written explanation that identifies each procedure and standard that the applicant, application or facility for personal wireless service failed to meet.”.
Amend sec. 8, page 3, line 39, by deleting “2.” and inserting “4.”.
Amend sec. 8, pages 3 and 4, by deleting lines 44 and 45 on page 3 and lines 1 and 2 on page 4.
Amend sec. 8, page 4, line 3, by deleting “(c)” and inserting “(b)”.
Amend sec. 8, page 4, line 5, after “application” by inserting:
“based on the use of the public right-of-way”.
Amend sec. 8, page 4, by deleting lines 6 and 7 and inserting:
“(1) Meets all applicable state and local requirements for use of a public right-of-way, including, without limitation, any requirements established by the land use authority; and”.
Amend sec. 8, page 4, by deleting lines 9 through 11.
Amend sec. 10, page 4, line 16, by deleting “or conditions”.
Amend sec. 10, page 4, line 20, by deleting “or conditioned”.
Amend sec. 10, page 4, by deleting lines 22 and 23 and inserting:
“(b) Describe the documents relied upon by the land use authority in making its decision.”.
Amend the title of the bill to read as follows:
“AN ACT relating to wireless telecommunications; providing for standards and procedures 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 of an application be in writing, set forth each ground for denial and describe the documents relied upon; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for standards and procedures for approval of applications for construction of facilities for personal wireless communications. (BDR 58-1286)”.