STATE LEGISLATION

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Below is each state's respective legislation sessions' current status and whether or not small cell legislation has been introduced, passed, or failed to timely progress. If a state is currently in session and has a small cell deployment related bill in play, a detailed summary will be attached.

(Last updated April 26, 2019)

al

Alabama

2019 Legislation is pending.

Senate Bill 264 was introduced this year and has yet to pass a chamber. If this bill were to pass, it would set the collocation rate at $40 and the ROW fee at $100 per small wireless facility annually.

To see the pending bill, click here.

ak

aLASKA

No legislation introduced.

Session is adjourned.

AZ

ARIZONA

Legislation passed in 2017. (#1/23)

House Bill 2365 deals with wireless facilities and rights-of-way went into effect on 8/9/17. It caps annual collocation rates at $50 and the annual ROW fee is also $50. The bill also caps rates at $175 for collocations that require ground mounted equipment and caps rates at $20 for collocations not requiring ground mounted equipment on county utility poles.

To see the passed bill, click here.

ar

arkansas

Legislation passed in 2019. (#2/23)

House Bill 1874 and Senate Bill 602 titled the Smalll Wireless Facility Deployment Act will go into effect on 9/1/19.   The bill caps annual collocation rates at $30 per authority pole.

To see the passed House bill, click here.

To see the passed Senate bill, click here.

CA

California

Legislation defeated in 2017.

Senate Bill 649 was vetoed by Governor Brown for limiting local control. Collocation annual rates were capped at $250 in addition to a ROW fee. 

To see the vetoed bill, click here. 

co

colorado

Legislation passed in 2017. (#3/23)

House Bill 1193 dealing with small cell facilities permitting and installation went into effect on 7/1/17

To see the passed bill, click here.

CT

connecticut

No legislation introduced.

Session is adjourned. However, there was legislation introduced in 2017 under Senate Bill 536. The terms did not state specific fees and rates.

To see the proposed bill, click here.

DE

delaware

Legislation passed in 2017. (#4/23)

House Bill 189 titled the Advanced Wireless Infrastructure Investment Act went into effect on 8/31/17. The Department may not charge a wireless provider an application fee or fee or rate for the use of the ROW with respect to the construction, installation, mounting, maintenance, modification, operation, or replacement of a wireless facility or small wireless support structure in the ROW, including collocation in such ROW.

To see the passed bill, click here.

FL

FLORIDA

Legislation passed in 2017. (#5/23)

House Bill 687 titled the Advanced Wireless Infrastructure Deployment Act went into effect on 7/1/17. The bill caps annual collocation rates at $150 per authority pole.

To see the passed bill, click here.

ga

georgia

2019 Legislation is pending.

Senate Bill 66 was introduced this year, is currently enrolled, and was sent to the Governor for his signature as of 4/5/19. If these bill is signed into law,  it will set the collocation rate at a mere $40 per authority pole annually.

To see the pending Senate  bill, click here.

AZ

Hawaii

Legislation passed in 2018. (#6/23)

House Bill 2651 dealing with establishing a permitting, application, review, and approval process for wireless service providers to install wireless facilities on state or county owned utility poles, or install associated utility poles in the ROW went into effect on 7/1/18

To see the passed bill, click here.

ID

IDAHO

No legislation introduced.

Session is adjourned.

ILLiNOIS

Legislation passed in 2018. (#7/23)

Senate Bill 1451 is now titled Small Wireless Facilities Deployment Act and went into effect on 1/1/19. It caps annual collocation rates at $200 with no stated ROW fee.

To see the passed bill, click here.

INDIANA

Legislation passed in 2017 and 2018. (#8/23)

Senate Bill 213 dealing with restricting home rule regarding the citing of small cell towers went into effect on 4/30/17. Annual collocation rates are capped at $50 per pole. House Bill 1050 dealing with small cell wireless facilities went in effect on 3/8/18.

To see the passed Senate bill, click here.

To see the passed House bill, click here.

IOWA

Legislation passed in 2017. (#9/23)

Senate Bill 431 dealing with siting of small wireless facilities went into effect on 7/1/17. When it comes to annual collocation rates, the bill states "The annual recurring rate charged by an authority for the siting of a small wireless facility on an authority utility pole shall not exceed the rate computed by the FCC for telecommunications pole attachments in 47 C.F.R. §1.1409(e)(2)."

To see the passed bill, click here.

KANSAS

Legislation passed in 2016. (#10/23)

Senate Substitute for House Bill 2131 dealing with siting of wireless infrastructure went into effect on 7/1/16. When referencing annual collocation rates, the bill states "If an authority does assess a charge, including a charge or rental fee for attachment to the facilities owned by the authority in the right-of-way, any such charge must be competitively neutral, with regard to other users of the public right-of-way, including investor-owned utilities or municipally-owned commercial broadband providers, and may not be unreasonable or discriminatory or violate any applicable state or federal law, rule or regulation."

To see the passed bill, click here.

KENTUCKY

No legislation introduced.

Session is adjourned.

LOUISIANA

No legislation introduced

Session is adjourned. However, there was a bill introduced in 2016 titled House Bill 866. There were no specific collocation rates included.

To see the proposed bill, click. here.

maine

2019 Legislation is pending.

Legislative Bill 1517  has yet to pass a chamber. No proposed rates and fees have been set.

To see the proposed bill, click here.

 MARYLAND

 Legislation introduced in 2019 but failed to progress.

Senate Bill 937 and House Bill 654  failed to progress during the 2019 legislative session. If these bills had passed, the annual collocation rate would have been set at a mere $20 per local government pole.

To see the failed Senate bill, click here.

To see the failed House bill, click here.

MASSACHUSETTS

No legislation introduced.

Session is adjourned.

MICHIGAN

Legislation passed in 2018. (#11/23)

Senate Bill 637 deals with telecommunications, right-of-way use, and other regulation of wireless service providers. The going collocation rates are $30 per year for an authority pole and $50 per year for a nonauthority pole. It goes into effect on 3/12/19.

To see the passed bill, click here.

MINNESOTA

Legislation passed in 2017. (#12/23)

Senate Bill 1456 was Minnesota's omnibus budget bill that included a small cell deployment article. It went into effect on 8/1/17. The going collocation rate is $150 per year per wireless support structure. Here are some additional rates: Up to $25 per year for maintenance associated with the space occupied on a wireless support structure; anda monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of:(i) $73 per radio node less than or equal to 100 max watts;

(ii) $182 per radio node over 100 max watts; or(iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii).

To see the passed bill, click here.

MISSISSIPPI

Legislation introduced in 2019 but failed to progress.

Senate Bill 2003 died in committee as of 2/5/19. The proposed annual collocation rate was set at $50 per authority pole. 

To see the proposed bill, click here.

missouri

Legislation passed in 2018. (#13/23)

House Bill 1991 deals with modifying provisions relating to wireless facilities and related infrastructure and goes into effect on 8/28/18. The going collocation rate is $150 per year for an authority pole .

To see the passed bill, click here.

montana

 Legislation introduced in 2019 but failed to progress.

House Bill 496 has yet to pass a chamber. As of 3/2/19, the bill missed the deadline for general bill transmittal. The bill currently does not state a specific collocation rate.

To see the failed bill, click here.

nebraska

2019 Legislation is enrolled. 

Legislative Bill 184 was advanced to enrollment and initial review as of 4/23/19. The bill states an annual collocation rate of $20 per authority pole.

To see the pending bill, click here.

nevada

No legislation introduced.

Session is adjourned.

new hampshire

No legislation introduced.

Session is adjourned.

new JERSEY

2018 Legislation is currently pending.

Assembly Bill 4422 was introduced in late September and is currently in committee. The bill states a $200 per year per pole collocation rate.

To see the pending bill, click here.

new mexico

Legislation passed in 2018. (#14/23)

Senate Bill 14 and House Bill 38 both titled Wireless Consumer Advanced Infrastructure went into effect on 9/1/18. The bill states a $20 per year per pole collocation rate.

To see the passed Senate bill, click here.

To see the passed House bill, click here.

new york

Legislation introduced in 2018 but failed to progress.

In the annual budget bill, a small cell article was proposed with annual collocation rates of $20 per wooden pole and $200 per metal, concrete, of fiberglass utility pole. The article was later removed by the House and Senate in their amendments.

north carolina

Legislation passed in this state in 2017. (#15/23)

House Bill 310 is now titled the Wireless Communications Infrastructure Siting Bill and went into effect on 7/21/17. It caps annual collocation rates at $50 with a special provision of a technical consulting fee for each application not to exceed $500 to offset the cost of reviewing and processing applications.

To see the passed bill, click here.

north dakota

No legislation introduced.

Session is adjourned.

ohio

Legislation passed in 2016 and 2018. (#16/23)

Senate Bill 331 passed in 2016, but the cities have taken litigation against the state concerning the bill because it violates the "one subject" rule in Ohio. House Bill 478 deals with modifying law concerning wireless service and goes into effect on 8/1/18.

To see the passed House bill, click here.

oklahoma

Legislation passed in 2018. (#17/23)

Senate Bill 1388 is now titled Oklahoma Small Wireless Facilities Deployment Act and went into effect on 11/1/18. It caps annual collocation and ROW rates at $20 per pole.

To see the passed bill, click here.

oregon

2019 Legislation is pending. (Study Bill)

House Bill 3375 is a bill focused on conducting a study about potentially moving forward with a small cell deployment bill. As of 3/11/19, the bill was referred to the House's Economic Development committee. 

To see the pending bill, click here.

pennsylvania

Legislation introduced in 2018 but failed to progress.

House Bill 2564 was introduced in mid-July 2018. Annual collocation rates are capped at $50 per pole, and ROW rates are capped at $25 per small wireless facility.

To see the proposed bill, click here.

RHODE ISLAND

Legislation passed in 2017. (#18/23)

House Bill 5224 and Senate Bill 0342 both passed and are titled Small Cell Siting Act. They both went into effect on 9/27/17. The annual collocation rates are $150, but the fee limitation shall not apply to authority structures.

To see the passed House bill, click here. 

To see the passed Senate bill, click here.

south carolina

2019 Legislation is pending.

House Bill 4262 has passed through the House and is currently in the Senate as of 4/4/19. The annual collocation rates are $50 per authority pole. 

To see the pending bill, click here. 

South dakota

No legislation introduced.

 Session is adjourned.

TENNESSEE

Legislation passed in 2018. (#19/23)

House Bill 2279 is now titled the Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018 and went into effect on 5/4/18. The going collocation rates are $100 per year per authority pole.

To see the passed bill, click here.

TEXAS

Legislation passed in 2017. (#20/23)

Senate Bill 1004 deals with network node specific legislation and went into effect on 9/1/17. The bill caps cities' annual collocation rates at $250 per small cell. Two lawsuits have been filed against the state concerning this legislation by the City of Mcallen, et al v. State  and the City of Austin v. State. Those lawsuits are currently pending.

To see the passed bill, click here.

UTAH

Legislation passed in 2018. (#21/23)

Senate Bill 189 is now titled the Small Wireless Facilities Deployment Act and goes into effect on 9/1/18. Annual collocation rates are capped at $50 per authority pole with an allowance of a ROW rate of $250 per year.

To see the passed bill, click here.

VERMONT

No legislation introduced.

Session is adjourned.

VIRGINIA

Legislation passed in this state in 2017 and 2018. (#22/23)

Senate Bill 1282 passed in 2017 and deals with zoning for wireless communications infrastructure. The bill went into effect on 7/1/17.  Additional zoning bills were passed in 2018 and went into effect on 7/1/18.

To see the passed bill, click here.

washington

2018 Legislation was introduced but failed to progress.

Senate Bill 5935 was pending in session, but the session adjourned sine die before it could continue. There was no annual collocation rate cap set but the bill did state "A city or town may not charge more for a small cell facility than the lesser of: (1) The amount charged for similar commercial projects or uses to occupy or use the same amount of space on similarly situated property; (2) the projected cost to the city or town resulting from the installation; or (3) $500 annually."

To see the proposed bill, click here.

west virginia

Legislation passed in 2019. (#23/23)

Senate Bill 3 went into effect on 3/5/19, and the annual collocation rate is set at $65 per authority pole. The annual ROW fee is $25.  

To see the passed bill, click here.

wisconsin

2018 Legislation was introduced but failed to progress.

Assembly Bill 348 failed to pass in the Senate in March 2018. The bill capped annual collocation rates at $100 per governmental pole  and a ROW rate of $20.

To see the proposed bill, click here.

wyoming

No legislation introduced.

Session is adjourned.

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