Revision: Jan. 9, 2023, 9:59 a.m.
HB 298 - AS INTRODUCED
2023 SESSION
23-0500
10/08
HOUSE BILL 298
AN ACT relative to placement of personal wireless service facilities.
SPONSORS: Rep. Parshall, Ches. 8; Sen. Ricciardi, Dist 9
COMMITTEE: Science, Technology and Energy
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ANALYSIS
This bill allows state and local authorities additional authority in the review of applications for personal wireless service facilities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0500
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to placement of personal wireless service facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Personal Wireless Service Facilities; Application Review. Amend RSA 12-K:10, II(a) to read as follows:
(a)(1) Review the collocation application or modification application in light of its conformity with applicable building permit and structural integrity standards and requirements and consistency with this chapter. To facilitate this review each application shall be supported by adequate proof by a licensed engineer demonstrating compliance with all applicable national, state, and local building, electrical, and fire codes and ANSI/APCO Public Safety Grade Site Hardening Requirements, also referred to as “APCO ANSI 2.106.1-2019”. A collocation application or modification application is deemed to be complete unless the authority notifies the applicant in writing, within 15 calendar days of submission of the specific deficiencies in the collocation application or modification application which, if cured, would make the collocation application or modification application complete. Upon receipt of a timely written notice that a collocation application or modification application is deficient, an applicant shall have 15 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 15 calendar days, the collocation application or modification application shall be reviewed and processed within 45 calendar days from the initial date received by the authority. If the applicant requires more than 15 calendar days to cure the specific deficiencies, the 45 calendar days deadline for review shall be extended by the same period of time; and
(2) Inform itself of the environmental impact of any proposed personal wireless service facilities and ensure that, other than with regard to the environmental effects of radio frequency emissions that are consistent with the Federal Communications Commission’s regulations concerning such emissions, the facilities and their operation will not significantly affect historical or environmentally-sensitive areas;
2 New Subparagraph; Planning Board Procedures; Review of Personal Wireless Service Facility Application. Amend RSA 676:4, I by inserting after subparagraph (i) the following new subparagraph:
(j) A planning board may require the applicant for any personal wireless service facility and/or any personal wireless service provider that will place personal wireless service equipment on the facility to (1) indemnify the authority for any costs or losses and (2) carry adequate liability coverage, including pollution insurance.
3 Effective Date. This act shall take effect 60 days after its passage.