HF 3497

as introduced - 90th Legislature (2017 - 2018) Posted on 04/16/2018 04:43pm

A bill for an act
relating to telecommunications; limiting application fees for certain wireless facility
applications; amending Minnesota Statutes 2016, section 462.353, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 394.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [394.38] FEES; WIRELESS FACILITY.
new text end

new text begin (a) This section applies to an application to install a new or replacement wireless facility
on (1) a new or existing structure specifically designed to support wireless facilities, or (2)
a water tower, building, or other structure designed primarily for other purposes.
new text end

new text begin (b) A local government unit must limit an application fee to the actual cost incurred,
including the cost of any third-party consultant used to assist with the application review.
A local government unit is prohibited from imposing an application fee under this section
that exceeds $3,000.
new text end

new text begin (c) For the purposes of this section, "wireless facility" means equipment at a fixed
location that enables the provision of wireless services between user equipment and a
wireless service network. Wireless facility includes an adjacent facility used to store
equipment necessary to support the wireless facility, but does not include a small wireless
facility as defined in section 237.162.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to an application filed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 462.353, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Fees; wireless facility. new text end

new text begin (a) This subdivision applies to an application to install
a new or replacement wireless facility on (1) a new or existing structure specifically designed
to support wireless facilities, or (2) a water tower, building, or other structure designed
primarily for other purposes.
new text end

new text begin (b) A local government unit must limit an application fee to the actual cost incurred,
including the cost of any third-party consultant used to assist with the application review.
A local government unit is prohibited from imposing an application fee under this subdivision
that exceeds $3,000.
new text end

new text begin (c) For the purposes of this section, "wireless facility" means equipment at a fixed
location that enables the provision of wireless services between user equipment and a
wireless service network. Wireless facility includes an adjacent facility used to store
equipment necessary to support the wireless facility, but does not include a small wireless
facility as defined in section 237.162.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to an application filed on or after that date.
new text end