Telecommunications towers; in accordance with comprehensive plan. (HB883)

Introduced By

Del. Greg Habeeb (R-Salem)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Comprehensive plan; telecommunications towers. Provides that a proposed telecommunications tower shall be deemed to be substantially in accord with the comprehensive plan and planning commission approval shall not be required if the proposed telecommunications tower is located in a zoning district that allows such telecommunications towers by right. Amends § 15.2-2232, of the Code of Virginia. Read the Bill »

Status

04/01/2016: signed by governor

History

DateAction
01/12/2016Committee
01/12/2016Prefiled and ordered printed; offered 01/13/16 16102883D
01/12/2016Referred to Committee on Counties, Cities and Towns
01/21/2016Assigned to sub: Subcommittee #2
01/21/2016Impact statement from DHCD (HB883)
01/21/2016Assigned CC & T sub: Subcommittee #2
02/10/2016Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
02/12/2016Reported from Counties, Cities and Towns with substitute (21-Y 0-N) (see vote tally)
02/12/2016Committee substitute printed 16105384D-H1
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105384D-H1
02/15/2016Engrossed by House - committee substitute HB883H1
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee on Local Government
03/01/2016Reported from Local Government (11-Y 1-N) (see vote tally)
03/03/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/03/2016Read third time
03/03/2016Passed by for the day
03/04/2016Read third time
03/04/2016Passed by for the day
03/07/2016Read third time
03/07/2016Reading of amendment waived
03/07/2016Amendment by Senator Surovell agreed to
03/07/2016Engrossed by Senate as amended
03/07/2016Passed Senate with amendment (40-Y 0-N) (see vote tally)
03/08/2016Placed on Calendar
03/08/2016Passed by for the day
03/09/2016Senate amendment agreed to by House (71-Y 27-N)
03/09/2016VOTE: ADOPTION (71-Y 27-N) (see vote tally)
03/11/2016Enrolled
03/11/2016Bill text as passed House and Senate (HB883ER)
03/11/2016Signed by Speaker
03/14/2016Signed by President
03/16/2016Enrolled Bill communicated to Governor on 3/16/16
03/16/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016G Approved by Governor-Chapter 613 (effective 7/1/16)
04/01/2016G Acts of Assembly Chapter text (CHAP0613)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 6 clips in all, totaling 9 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

HOUSE BILL 922 INCREASES PENALTY FOR COMPUTER TRESPASS TO A CLASS 6 FELONY FOR TARGETING A COMPUTER SYSTEM EXCLUSIVELY FOR THE USE OF THE COMMONWEALTH, LOCAL GOVERNMENTS ARE ANY OF THE DEPARTMENTS OR AGENCIES AND INCLUDES UTILITIES, OIL, GAS, ELECTRIC, SEWER, WATER AND WASTE
WORK THAT WE HAVE DONE ON THIS BILL, BUT I CERTAINLY WANT TO KEEP IT IN PLAY AND WOULD MOVE BEGIN THAT IT PASS AND WE MIGHT GET IT IN FOR INSTANCE. THANK YOU, MR. PRESIDENT. President: THE QUESTION IS, SHALL HOUSE BILL 858 PASS? RECORD THEIR VOTE AYE; THOSE ALL IN FAVOR OF THE MOTION WILL OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE? PRESIDENT: THE CLERK WILL CLOSE THE ROLL. Clerk: AYES 37, NOS TWO.


Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, HOUSE BILL 8 AND HOUSE BILL 389 WILL GO BYE FOR THE DAY.

[Unknown]: HOUSE BILL 883, REPORTED FROM THE COMMITTEE ON LOCAL GOVERNMENT. THE SENATOR FROM FRANKLIN COUNTY, SENATOR STANLEY. THANK YOU, MR. PRESIDENT. I RESPECTFULLY ASK THAT HOUSE BILL 883 GO BYE FOR THE DAY. WITHOUT OBJECTION, HOUSE BILL 883 WILL GO BYE FOR THE DAY.

Sen. Bill Stanley (R-Moneta): HOUSE BILL 1114, REPORTED FROM THE COMMITTEE ON LOCAL


Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SHALL HOUSE BILL 389 PASS. ALL IN FAVOR OF THE MOTION WILLE S AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL. AYES 20, NOS 19. >> AYES 20, NOS 19. THE BILL PASSS.

[Unknown]: HOUSE BILL 883. A BILL RELATING TO COMPREHENSIVE PLAN REPORTED FROM THE COMMITTEE ON LOCAL GOVERNMENT AND THERE IS A FLOOR AMENDMENT. THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): THANK YOU, MR. PRESIDENT. I WAIVE READING OF THE FLOOR AMENDMENT.

[Unknown]: THE QUESTION IS SHALL THE READING OF THE FLOOR AMENDMENT BE WAIVED. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. READING OF THE FLOOR AMENDMENT IS WAIVED. THE SENATOR FROM EASTERN FAIRFAX COUNTY.

Sen. Scott Surovell (D-Mount Vernon): THANK YOU MR. PRESIDENT. SPEAKINGTO THE FLOOR AMENDMENT.

[Unknown]: THE SENATOR HAS THE FLOOR. HOUSE BILL 883 A BILL THAT CAME THROUGH LOCAL GOVERNMENT. WE HAD QUESTIONS ABOUT IT THERE AND THE FLOOR AMENDMENT ADDRESSES THE QUESTIONS. WHAT IT SAYS IS THAT IF YOU ARE -- IF SOMEBODY WANTS TO PUT UP A THREE COMMUNICATIONS NOW IN A TOE CALITY AND SAYS THAT THE LOCALITY ALLOWS CELL PHONE TOWERS TO GO IN BY RIGHT IN A CERTAIN ZONING DIT TRICK THAT WHEN THE BILL PASSES THAT APPLICATION WILL BE DEEMED IN COMPLIANCE WITH THE COMPREHENSIVE PLANS. THEY DO NOT NEED TO HAVE A HEARING IN FRONT OF THE PLANNING COMMISSION. THE BILL HAS AN EXCEPTION FOR PLANNING DISTRICT 8 WHICH IS PRINCE WILLIAM, LOUDOUN, FAIRFAX, CITY OF FALLS CHURCH, CITY OF FAIRFAX. I THINK I GOT EVERYBODY. THIS AMENDMENT PROVOST PROSES TO SLIP OUT PLANNING DISTRICT 8 SO WE HAVE A STATE WIDE STANDARD WHEN IT COMES TO CELL PHONE TOWERS IN BY-RIGHT ZONING DISTRICTS. OBVIOUSLY I REPRESENT TWO PLANNING DISTINCT 8 CONSTITUENCIES. I HAVE SPOKEN TO THE LOCALITIES AND THEY ARE NOT EXCITED ABOUT IT BUT I HAVE ALSO SPOKEN WITH THE WIRELESS INDUSTRY AND IT IS THE WIRELESS INDUSTRY AND IT IS IMPORTANT THAT WE HAVE STATEWIDE STANDARDS BECAUSE THERE ARE NEW TECHNOLOGIES COMING. WE HAVE 5G COMING IN A YEARS. A WIG DISCUSSION ABOUT THE PROPER TYPE OF PROCESS WE USE TO APPLY. IT WILL PUT YOU AT END OF THE LIST OF GETTING NEW TECHNOLOGIES AND I DON'T THINK THAT IS WHAT NORTHERN VIRGINIA OR ANY FARTHER OF THE STATE DESERVES. IT IS IMPORTANT THAT WE HAVE A STATEWIDE STANDARD. WE CAUCUSED ABOUT IT. THIS WILL BE THE NEW PLANNING DISTRICT 58 CAUCUS, CAUCUSED ABOUT IT. I THINK EVERYBODY IS OKAY WITH IT, I WOULD ASK THAT YOU VOTE FOR THE FLOOR AMENDMENT SO WE HAVE A STATEWIDE STANDARD FOR CELL PHONE TOWERS IN BY RIGHT ZONING DISTRICT. SENATOR SASLAW. YOU HAD YOUR LIGHT ON. THANK YOU, SENATOR. THE SENATOR FROM STAFFORD, SENATOR STEWART. THIS AMENDMENT MAKES HENCE. ENEED TO ACREPT A SKATEWIDE POLL IS AND OPT OUT. SHUT THE ELEMENT WE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. COMMONWEALTH HAVE. THE STAND AT EASE FROM STANLEY. I MOVE THAT HOUSE BILL 883 MOVE. THE THE SENATOR HAS THE FLOOR. I MOVE THAT HOUSE BILL 883 PASS. THANK YOU, SENATOR. THE REQUEST HE IS SHALL HOUSE


Del. Greg Habeeb (R-Salem): IN A MOMENT I'M GOING TO ASK YOU TO ACCEPT THE AMENDMENT FROM THE SENATE BUT SOME OF YOU ARE GOING TO WANT TO VOTE AGAINST THAT SO LET ME TELL YOU WHAT THE AMENDMENT IS AND WHY YOU WOULD BE FOR IT OR AGAINST IT. THE ONLY THING THE BILL DID WAS INTRODUCE WHAT WAS A STATEWIDE POLICY, ALLOWING BUY RIGHT ZONING FOR TELECOMMUNICATION TOWERS IN CERTAIN PUBLIC UTILITY FACILITIES. WE CAN WASTE ALL MORNING TALKING ABOUT IT BUT THAT'S WHAT IT DID. BEFORE IT GOT TO THE HOUSE, FAIRFAX COUNTY, I THINK ON BEHALF OF ALL, ASKED TO BE EXCLUDED FROM THE BILL AND AS WE SAW T. THEY WERE EXCLUDED, SO NOBODY OPPOSED THE BILL. IF THE -- IN THE SENATE, THE SENATE UNANIMOUSLY PUT DISTRICT EIGHT BACK INTO THE BILL AND AGAIN MADE IT A STATEWIDE BILL. I TALKED TO AS MANY AS I COULD ABOUT -- AS I COULD. ABOUT HALF OF YOU WANTED THE AMENDMENT, HALF OF YOU DFNT I THINK THE STATEWIDE POLICY BY ADOPTING THE AMENDMENT IS BETTER, SO MR. SPEAKER, I WOULD ASK THE BODY ACCEPT THE AMENDMENT, AND -- BUT IF YOU HEARD FROM FAIRFAX COUNTY, PRINCE WILLIAM, LOUDOUN, YOUR LOCAL GOVERNMENT, IF YOU HAVE CONCERNS ABOUT THEIR ORDINANCES, YOU MAY WANT TO VOTE AGAINST THE AMENDMENT. BUT I ASK THAT WE ADOPT THE AMENDMENT.

[Unknown]: SPEAKING TO THE MOTION?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Bob Marshall (R-Manassas): THANK YOU MR. SPEAKER. YESTERDAY, I CONTACTED THE LOBBYIST OR GOVERNMENT REPRESENTATIVE WHO'S A FORMER SUPERVISOR FOR PRINCE WILLIAM COUNTY, AND IT WAS HIS JUDGMENT THAT THIS WOULD ALLOW KIND OF THE INDISCRIMINATE PLACEMENT WITHOUT A HEARING OF CELL TOWERS, AND IF YOU WANT THAT ON ONE OF YOUR BROCHURES LIKE THE GENTLEMAN FROM FAIRFAX ALWAYS TALKS ABOUT, THEN JUST VOTE TO ACCEPT THE AMENDMENT. IF YOU DON'T WANT THIS, THEN YOU DON'T WANT PEOPLE COMPLAINING ABOUT THIS, THEN I WOULD URGE A NO VOTE ON THE AMENDMENT. THANK YOU. MR. SPEAKER?

[Unknown]: MR. SALEM? BRIEFLY, SPEAKING TO THE BILL?

Del. Greg Habeeb (R-Salem): WHAT THE BILL DOES IS GIVE LOCAL GOVERNMENTS THE AUTHORITY TO ADOPT BUY RIGHT ZONING IN CERTAIN DESIGNATED ZONING LOCALITIES. FOR EXAMPLE, FAIRFAX ALREADY HAS BUY RIGHT ZONING IN INDUSTRIAL AREAS. IT DOES NOT ALLOW UNFETTERED PLACEMENT OF TELECOMMUNICATION TOWERS OR PUBLIC UTILITY FACILITIES THROUGHOUT THE COUNTY. IT SIMPLY GIVES A LOCALITY THE ABILITY TO ADOPT BUY RIGHT ORDINANCES. THE REASON FAIRFAX HAS A PROBLEM WITH THIS IS THEY ALREADY HAVE A BUY RIGHT ORDINANCE IN VERY NARROW CIRCUMSTANCES, BUT THEY ARE REQUIRING HEARINGS, AND SO THIS MIGHT TAKE AWAY THAT HEARING THEY CURRENTLY REQUIRE. AS I UNDERSTAND IT, THAT IS IN SOMETHING LIKE A TENTH OF A PERCENT OF FAIRFAX WHERE THEY HAVE THIS DESIGNATION. AGAIN, YES, IT MAKES CELL PHONE TOWERS AND PUBLIC UTILITY FACILITIES A LITTLE EASIER IF THE LOCALITIES ADOPT THOSE ORDINANCES. IT DOESN'T FORCE THAT ON THE LOCALITY.

[Unknown]: THE QUESTION IS ON ADOPTION OF THE COMMITTEE AMENDMENT. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE SENATE AMENDMENT. OKAY, YES, TAKE IT BACK. SHALL THE SENATE AMENDMENT BE AGREED TO?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.