The bill amends the Code of West Virginia by establishing a new chapter dedicated to wireless tower facilities and infrastructure. It outlines a comprehensive framework for the permitting and application processes related to the siting and colocation of wireless tower facilities, including definitions for key terms such as "siting application," "colocation," and "personal wireless service facility." The bill specifies timelines for reviewing siting applications, indicating that if a reviewing authority does not act within the designated timeframe, the application will be automatically granted. It also streamlines the approval process for modifications to existing wireless facilities that do not significantly alter their physical dimensions.

Furthermore, the bill incorporates a construction code aligned with the TIA 222 Standard of the International Building Code and establishes civil penalties and remedies for enforcement. It ensures that application fees do not exceed the actual costs incurred by the reviewing authority. The bill also introduces new legal language that allows applicants and reviewing authorities to bring claims related to the chapter to any court of competent jurisdiction, while preserving the existing West Virginia Small Wireless Facilities Development Act and other relevant laws. The bill is set to take effect 90 days after passage and has been certified by the Clerks of both the House of Delegates and the Senate.

Statutes affected:
Introduced Version: 31H-3-1, 31H-3-2, 31H-3-3, 31H-3-4, 31H-3-5, 31H-3-6
Committee Substitute: 31J-1-1, 31J-1-2, 31J-1-3, 31J-1-4, 31J-1-5, 31J-1-6
Engrossed Committee Substitute: 31J-1-1, 31J-1-2, 31J-1-3, 31J-1-4, 31J-1-5, 31J-1-6
Enrolled Committee Substitute: 31J-1-1, 31J-1-2, 31J-1-3, 31J-1-4, 31J-1-5, 31J-1-6