The proposed bill establishes a new chapter in the Code of West Virginia focused on the permitting and siting of wireless tower facilities. It introduces key definitions such as "siting application," "colocation," and "personal wireless service facility," and sets specific timelines for reviewing applications—90 days for colocations and 150 days for new structures. If the reviewing authority does not act within these timeframes, the application is automatically granted, provided the applicant notifies the authority after the review period. The bill also outlines the conditions under which modifications to existing facilities can be approved, defining what constitutes a "substantial change" and establishing criteria for eligible requests.

Additionally, the bill streamlines the application process for modifications by limiting the documentation that reviewing authorities can require and prohibiting fees that exceed the actual costs incurred for application reviews. It mandates a 60-day timeframe for approving or denying applications, with specific conditions for tolling this period. The bill incorporates the current TIA 222 Standard of the International Building Code for wireless infrastructure construction and ensures that existing laws related to small wireless facilities and local ordinances remain applicable, preventing conflicts with prior legislation. Overall, the bill aims to facilitate the deployment and modification of wireless infrastructure while maintaining necessary regulatory oversight.

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