HB 598 (BR 503) - S. Riggs, L. Clark, J. Barrows, S. Brinkman, J. Callahan, T. Feeley, M. Marzian
AN ACT relating to antenna towers.
Amend KRS 100.324, 100.987, 278.650, and 278.665 dealing with cell towers, to eliminate the distinction between counties with a city of the first class and any other county which has planning and zoning; eliminate the requirement that such counties register with the PSC; eliminate references to the uniform application; eliminate review of planning commission actions by the PSC; eliminate the requirement for utility to obtain certificate of public convenience and necessity in areas with planning commission; repeal KRS 278.660 dealing with confidentiality of applications.
HB 598 - AMENDMENTS
HCS - Define "uniform application" and "antennas or related equipment" as prescribed; delete authority for the planning commission to regulate beyond its jurisdiction; clarify that applicants must submit uniform applications for siting to the local planning commission; create new sections of KRS Chapter 100 to specify those areas and activities in which the local planning commission may not take action regarding the siting of cell towers; require an applicant to apply to the PSC for a certificate of public convenience and necessity for the siting of cell towers outside the jurisdiction of a planning commission, and prescribe the contents of a uniform application for cell tower siting; renumber sections accordingly; make conforming changes.
HFA (1, S. Riggs) - Retain original provisions of HCS and add language to permit parties aggrieved by planning commission action to bring action in a court of competent jurisdiction.
HFA (2, S. Riggs) - Add language to require utility to provide PSC notice of approved application within 10 working days as prescribed or construction is prohibited until notice is made; and permit application fee to be adjusted annually based on the consumer price index.
HFA (3, S. Riggs) - Permit area planning commissions to levy a siting application fee up to a maximum of $2,500 which may be adjusted annually based on the consumer price index.
HFA (4, S. Riggs) - Declare an EMERGENCY.
HFA (5/Title, S. Riggs) - Make title amendment.
HFA (6, P. Marcotte) - Permit area planning commission to charge a siting application fee up to $5,000.
HFA (7, P. Marcotte) - Increase from $1,000 to $5,000 the amount which can be charged as application fee for the siting of cell towers.
HFA (8, M. Marzian) - Amend to restore the requirement to show areas within 1/2 mile of a planning unit's boundaries, if there are existing or planned cellular telephone towers in that area.
Feb 5-introduced in House
Feb 6-to Local Government (H)
Feb 8-posted in committee
Feb 28-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 1-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Mar 4-floor amendment (2) filed to Committee Substitute
Mar 6-posted for passage in the Regular Orders of the Day for Thursday, March 7, 2002; floor amendments (3) and (4) filed to Committee Substitute, floor amendment (5-title) filed
Mar 7-floor amendments (6) (7) and (8) filed to Committee Substitute
Mar 11-3rd reading, passed 81-8 with Committee Substitute, floor amendments (1) (2) (4) (5-title) (7) and (8)
Mar 12-received in Senate
Mar 15-to Agriculture and Natural Resources (S)