[KYHAM] HB598

[John Meyers]

02RS HB598
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     HB598=20
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            HB 598 (BR 503) - S. Riggs, L. Clark, J. Barrows, S. =
Brinkman, J. Callahan, T. Feeley, M. Marzian=20
                 AN ACT relating to antenna towers.=20
                 Amend KRS 100.324, 100.987, 278.650, and 278.665 =
dealing with cell towers, to eliminate the distinction between counties =
with a city of the first class and any other county which has planning =
and zoning; eliminate the requirement that such counties register with =
the PSC; eliminate references to the uniform application; eliminate =
review of planning commission actions by the PSC; eliminate the =
requirement for utility to obtain certificate of public convenience and =
necessity in areas with planning commission; repeal KRS 278.660 dealing =
with confidentiality of applications.


            HB 598 - AMENDMENTS

                 HCS - Define "uniform application" and "antennas or =
related equipment" as prescribed; delete authority for the planning =
commission to regulate beyond its jurisdiction; clarify that applicants =
must submit uniform applications for siting to the local planning =
commission; create new sections of KRS Chapter 100 to specify those =
areas and activities in which the local planning commission may not take =
action regarding the siting of cell towers; require an applicant to =
apply to the PSC for a certificate of public convenience and necessity =
for the siting of cell towers outside the jurisdiction of a planning =
commission, and prescribe the contents of a uniform application for cell =
tower siting; renumber sections accordingly; make conforming changes.

                 HFA (1, S. Riggs) - Retain original provisions of HCS =
and add language to permit parties aggrieved by planning commission =
action to bring action in a court of competent jurisdiction.

                 HFA (2, S. Riggs) - Add language to require utility to =
provide PSC notice of approved application within 10 working days as =
prescribed or construction is prohibited until notice is made; and =
permit application fee to be adjusted annually based on the consumer =
price index.

                 HFA (3, S. Riggs) - Permit area planning commissions to =
levy a siting application fee up to a maximum of $2,500 which may be =
adjusted annually based on the consumer price index.

                 HFA (4, S. Riggs) - Declare an EMERGENCY.

                 HFA (5/Title, S. Riggs) - Make title amendment.

                 HFA (6, P. Marcotte) - Permit area planning commission =
to charge a siting application fee up to $5,000.

                 HFA (7, P. Marcotte) - Increase from $1,000 to $5,000 =
the amount which can be charged as application fee for the siting of =
cell towers.

                 HFA (8, M. Marzian) - Amend to restore the requirement =
to show areas within 1/2 mile of a planning unit's boundaries, if there =
are existing or planned cellular telephone towers in that area.


                 Feb 5-introduced in House=20
                 Feb 6-to Local Government (H)=20
                 Feb 8-posted in committee=20
                 Feb 28-reported favorably, 1st reading, to Calendar =
with Committee Substitute=20
                 Mar 1-2nd reading, to Rules; floor amendment (1) filed =
to Committee Substitute=20
                 Mar 4-floor amendment (2) filed to Committee Substitute =

                 Mar 6-posted for passage in the Regular Orders of the =
Day for Thursday, March 7, 2002; floor amendments (3) and (4) filed to =
Committee Substitute, floor amendment (5-title) filed=20
                 Mar 7-floor amendments (6) (7) and (8) filed to =
Committee Substitute=20

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