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SF 339

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to telecommunications; modifying requirements for small wireless facilities;
requiring a study; appropriating money; amending Minnesota Statutes 2020, section
237.163, subdivisions 3a, 3b, 3c, 6.

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

Section 1.

Minnesota Statutes 2020, section 237.163, subdivision 3a, is amended to read:


Subd. 3a.

Small wireless facility permits; general.

(a) A local government unit:

(1) may require a telecommunications right-of-way user to obtain a permit or permits
under this section to place a new wireless support structure or collocate a small wireless
facility in a public right-of-way managed by the local government unit;

(2) must not require an applicant for a small wireless facility permit to provide any
information that:

(i) has previously been provided to the local government unit by the applicant in an
application for a small wireless permit, which specific reference shall be provided to the
local government unit by the applicant; and

(ii) is not reasonably necessary to review a permit application for compliance with
generally applicable and reasonable health, safety, and welfare regulations, and to
demonstrate compliance with applicable Federal Communications Commission regulations
governing radio frequency exposure, or other information required by this section;

(3) must ensure that any application for a small wireless facility permit is processed on
a nondiscriminatory basis; deleted text beginand
deleted text end

(4) must specify that the term of a small wireless facility permit is equal to the length
of time that the small wireless facility is in use, unless the permit is revoked under this
sectiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) may require a telecommunications right-of-way user to provide notice to property
owners adjacent to a new wireless support structure or small wireless facility before installing
the new wireless support structure or small wireless facility in a public right-of-way managed
by the local government unit. A local government requiring notice under this clause must
require the telecommunications right-of-way user to provide notice to the adjacent property
owners no later than seven days after the permit has been applied for or submitted.
new text end

(b) An applicant may file a consolidated permit application to collocate up to 15 small
wireless facilities, or a greater number if agreed to by a local government unit, provided
that all the small wireless facilities in the application:

(1) are located within a two-mile radius;

(2) consist of substantially similar equipment; and

(3) are to be placed on similar types of wireless support structures.

In rendering a decision on a consolidated permit application, a local government unit may
approve a permit for some small wireless facilities and deny a permit for others, but may
not use denial of one or more permits as a basis to deny all the small wireless facilities in
the application.

deleted text begin (c) If a local government unit receives applications within a single seven-day period
from one or more applicants seeking approval of permits for more than 30 small wireless
facilities, the local government unit may extend the 90-day deadline imposed in subdivision
3c by an additional 30 days. If a local government unit elects to invoke this extension, it
must inform in writing any applicant to whom the extension will be applied.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end A local government unit is prohibited from requiring a person to pay a small
wireless facility permit fee, obtain a small wireless facility permit, or enter into a small
wireless facility collocation agreement solely in order to conduct deleted text beginany of the following
activities: (1)
deleted text end routine maintenance of a small wireless facilitydeleted text begin;deleted text endnew text begin. A local government unit
may require advance notice of routine maintenance under this paragraph.
new text end

new text begin (d) A local unit of government may require a person to pay a small wireless facility
permit fee, obtain a small wireless facility permit, or enter into a small wireless facility
collocation agreement in order to:
new text end

deleted text begin (2) replacement ofdeleted text end new text begin(1) replace new text enda small wireless facility with a new facility that is
deleted text begin substantially similardeleted text end new text beginthe same new text endor smaller in size, weight, height, and wind or structural
loading than the small wireless facility being replaced; or

deleted text begin (3) installation, placement, maintenance, operation, or replacement ofdeleted text endnew text begin (2) install, place,
maintain, operate, or replace
new text end micro wireless facilities that are suspended on cables strung
between existing utility poles in compliance with national safety codes.

deleted text begin A local government unit may require advance notification of these activities if the work
will obstruct a public right-of-way.
deleted text end

(e) Nothing in this subdivision affects the need for an entity seeking to place a small
wireless facility on a wireless support structure that is not owned by a local government
unit to obtain from the owner of the wireless support structure any necessary authority to
place the small wireless facility, nor shall any provision of this chapter be deemed to affect
the rates, terms, and conditions for access to or placement of a small wireless facility or a
wireless support structure not owned by a local government unit. This subdivision does not
affect any existing agreement between a local government unit and an entity concerning
the placement of small wireless facilities on local government unit-owned wireless support
structures.

(f) No later than six months after May 31, 2017, or three months after receiving a small
wireless facility permit application from a wireless service provider, a local government
unit that has elected to set forth terms and conditions of collocation in a standard small
wireless facility collocation agreement shall develop and make available an agreement that
complies with the requirements of this section and section 237.162. A standard small wireless
facility collocation agreement shall be substantially complete. Notwithstanding any law to
the contrary, the parties to a small wireless facility collocation agreement may incorporate
additional terms and conditions mutually agreed upon into a small wireless facility collocation
agreement. A small wireless facility collocation agreement between a local government
unit and a wireless service provider is considered public data not on individuals and is
accessible to the public under section 13.03.

(g) An approval of a small wireless facility permit under this section authorizes the
installation, placement, maintenance, or operation of a small wireless facility to provide
wireless service and shall not be construed to confer authorization to (1) provide any service
other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul
facility in the right-of-way.

(h) The terms and conditions of collocation under this subdivision:

(1) may be set forth in a small wireless facility collocation agreement, if a local
government unit elects to utilize such an agreement;

(2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and

(3) must comply with this section and section 237.162.

Sec. 2.

Minnesota Statutes 2020, section 237.163, subdivision 3b, is amended to read:


Subd. 3b.

Small wireless facility permits; placement.

(a) A local government unit may
deleted text begin notdeleted text end require the placement of small wireless facilities on any specific wireless support structure
other than the wireless support structure proposed in the permit application.

(b) A local government unit deleted text beginmust notdeleted text end new text beginmay new text endlimit the placement of small wireless facilitiesdeleted text begin,
either
deleted text end by minimum separation distances between small wireless facilities or maximum
height limitationsdeleted text begin, except thatdeleted text endnew text begin.new text end Each wireless support structure installed in the right-of-way
after May 31, 2017, shall not exceed 50 feet above ground level, deleted text beginunless the local government
unit agrees to a greater height,
deleted text end subject to local zoning regulations, and may be subject to
separation requirements in relation to other wireless support structures.

(c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing
wireless support structure that is higher than 50 feet above ground level may be placed at
the height of the existing wireless support structure, deleted text beginunless the local government unit agrees
to a greater height,
deleted text end subject to local zoning regulations.

(d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend
more than ten feet above an existing wireless support structure in place as of May 31, 2017.

Sec. 3.

Minnesota Statutes 2020, section 237.163, subdivision 3c, is amended to read:


Subd. 3c.

Small wireless facility permits; approval.

(a) Except as provided in
subdivision 4, a local government unit shall issue a small wireless facility permit to a
telecommunications right-of-way user seeking to install a new or replacement wireless
support structure for a small wireless facility, or to collocate a small wireless facility on a
wireless support structure in a public right-of-way. In processing and approving a small
wireless facility permit, a local government unit may condition its approval on compliance
with:

(1) generally applicable and reasonable health, safety, and welfare regulations consistent
with the local government unit's public right-of-way management;

(2) reasonable accommodations for decorative wireless support structures or signs; and

(3) any reasonable restocking, replacement, or relocation requirements when a new
wireless support structure is placed in a public right-of-way.

(b) deleted text beginAdeleted text end new text beginExcept as provided in this paragraph and paragraph (c), a new text endlocal government unit
has 90 days after the date a small wireless facility permit application is filed to issue or deny
the permitdeleted text begin, or the permit is automatically issueddeleted text end. To toll the 90-day clock, the local
government unit must provide a written notice of incompleteness to the applicant within 30
days of receipt of the application, clearly and specifically delineating all missing documents
or information. Information delineated in the notice is limited to documents or information
publicly required as of the date of application and reasonably related to a local government
unit's determination whether the proposed equipment falls within the definition of a small
wireless facility and whether the proposed deployment satisfies all health, safety, and welfare
regulations applicable to the small wireless facility permit request. Upon an applicant's
submittal of additional documents or information in response to a notice of incompleteness,
the local government unit has ten days to notify the applicant in writing of any information
requested in the initial notice of incompleteness that is still missing. deleted text beginSecond or subsequent
notices of incompleteness may not specify documents or information that were not delineated
in the original notice of incompleteness. Requests for information not requested in the initial
notice of incompleteness do not toll the 90-day clock. Parties can mutually agree in writing
to toll the 90-day clock at any time. Section 15.99 does not apply to this paragraph or
paragraph (c).
deleted text end

For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression
of days that count deleted text begintowardsdeleted text endnew text begin towardnew text end the 90-day deadline.

(c) deleted text beginExcept as provided in subdivision 3a, paragraph (c), a small wireless facility permit
and any associated encroachment or building permit required by a local government unit,
are deemed approved if the local government unit fails to approve or deny the application
within 90 days after the permit application has been filed, unless the applicant and the local
government unit have mutually agreed in writing to extend the 90-day deadline.
deleted text endnew text begin If a local
government unit receives applications within a single seven-day period from one or more
applicants seeking approval of permits for more than 20 small wireless facilities, the local
government unit may extend the 90-day deadline imposed under paragraph (b) by an
additional 30 days. If a local government unit elects to extend the deadline under this
paragraph, it must inform in writing any applicant the extension applies to.
new text end

(d) Nothing in this subdivision precludes a local government unit from applying generally
applicable and reasonable health, safety, and welfare regulations when evaluating and
deciding to approve or deny a small wireless facility permit.

Sec. 4.

Minnesota Statutes 2020, section 237.163, subdivision 6, is amended to read:


Subd. 6.

Fees.

(a) A local government unit may recover its right-of-way management
costs by imposing a fee for registration, a fee for each right-of-way or small wireless facility
permit, or, when appropriate, a fee applicable to a particular telecommunications right-of-way
user when that user causes the local government unit to incur costs as a result of actions or
inactions of that user. A local government unit may not recover costs from a
telecommunications right-of-way user or an owner of a cable communications system
awarded a franchise under chapter 238 caused by another entity's activity in the right-of-way.

(b) Fees, or other right-of-way obligations, imposed by a local government unit on
telecommunications right-of-way users under this section must be:

(1) based on the actual costs incurred by the local government unit in managing the
public right-of-way;

(2) based on an allocation among all users of the public right-of-way, including the local
government unit itself, which shall reflect the proportionate costs imposed on the local
government unit by each of the various types of uses of the public rights-of-way;

(3) imposed on a competitively neutral basis; and

(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear
costs incurred by the local government unit to regulate underground uses of public
rights-of-way.

(c) The rights, duties, and obligations regarding the use of the public right-of-way
imposed under this section must be applied to all users of the public right-of-way, including
the local government unit while recognizing regulation must reflect the distinct engineering,
construction, operation, maintenance and public and worker safety requirements, and
standards applicable to various users of the public rights-of-way. For users subject to the
franchising authority of a local government unit, to the extent those rights, duties, and
obligations are addressed in the terms of an applicable franchise agreement, the terms of
the franchise shall prevail over any conflicting provision in an ordinance.

(d) A wireless service provider may collocate small wireless facilities on wireless support
structures owned or controlled by a local government unit and located within the public
roads or rights-of-way without being required to apply for or enter into any individual
license, franchise, or other agreement with the local government unit or any other entity,
other than a standard small wireless facility collocation agreement under subdivision 3a,
paragraph (f), if the local unit of government elects to utilize such an agreement.

(e) Any initial engineering survey and preparatory construction work associated with
collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to recover
the costs associated with a proposed attachment.

(f) Total application fees for a small wireless facility permit must comply with this
subdivision with respect to costs related to the permit.

(g) A local government unit may elect to charge new text begina reasonable fee for new text endeach small wireless
facility attached to a wireless support structure owned by the local government unit deleted text begina feedeleted text end,
in addition to other fees or charges allowed under this subdivisiondeleted text begin, consisting of:deleted text endnew text begin.
new text end

deleted text begin (1) up to $150 per year for rent to occupy space on a wireless support structure;
deleted text end

deleted text begin (2) up to $25 per year for maintenance associated with the space occupied on a wireless
support structure; and
deleted text end

deleted text begin (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at the rate of:
deleted text end

deleted text begin (i) $73 per radio node less than or equal to 100 max watts;
deleted text end

deleted text begin (ii) $182 per radio node over 100 max watts; or
deleted text end

deleted text begin (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or
(ii).
deleted text end

Sec. 5. new text beginSTUDY OF HEALTH IMPACTS OF DEPLOYMENT OF FIFTH
GENERATION TECHNOLOGY.
new text end

new text begin The commissioner of health must conduct a study on the potential health and
environmental impacts resulting from the use of fifth generation technology to transmit
wireless data in Minnesota. As part of the study, the commissioner must examine the potential
biological effects of electromagnetic radiation at higher frequencies. The study, including
any recommendations, must be completed and submitted to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care policy and finance
on or before January 15, 2022.
new text end

Sec. 6. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
health to conduct the study on potential health impacts of the deployment of fifth generation
technology under section 5. This is a onetime appropriation.
new text end