Casto 3264


The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Com. Sub. For S.B. 3-- A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated 11-6L-1, 11-6L-2, 11-6L-3, 11-6L-4, and 11-6L-5, to amend said code by adding thereto three new sections, designated 31G-4-4, 31G-4-5, and 31G-4-6, and to amend said code by adding thereto a new chapter, designated 31H-1-1, 31H-1-2, 31H-2-1, 31H-2-2, 31H-2-3, and 31H-2-4, all relating to wireless telecommunication technology facilities generally; providing a special method for valuation of certain wireless technology property for property taxes; defining terms; providing mandated salvage valuation of certain wireless businesses' property; specifying method for valuation of certain property; requiring initial determination and specifying procedure for protest and appeal of determination; establishing and delineating Public Service Commission jurisdiction over make-ready pole access within the state; relating to the determination of the feasibility of electric utilities constructing and operating middle-mile broadband internet projects to serve certain unserved and underserved areas; defining certain terms; delineating the factors that must be contained in certain feasibility studies; requiring the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects; requiring that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; requiring certain reports be submitted to certain officials and committees; and providing for severability; the establishment of the West Virginia Small Wireless Facilities Deployment Act; making legislative findings; defining terms; providing for access to public rights-of-way for the collocation of small wireless facilities; providing for certain permit requirements; authorizing and limiting access to collocation sites, structures and equipment; requiring permits to be issued on a nondiscriminatory basis; providing for the collection of fees and setting the amount of fees; and providing for certain zoning, indemnification, insurance, and bonding requirements.