Wireless support structures; public rights-of-way use fees established. (SB823)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville) with support from co-patrons Del. Steve Heretick (D-Portsmouth), Del. Kaye Kory (D-Falls Church), and Sen. Roz Dance (D-Petersburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that VDOT may elect to continue enforcing any existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider existing prior to July 1, 2018. This bill is identical to HB 1427. Read the Bill »


Bill Has Passed


01/15/2018Presented and ordered printed 18104616D
01/15/2018Referred to Committee on Commerce and Labor
02/05/2018Reported from Commerce and Labor (12-Y 0-N 2-A) (see vote tally)
02/05/2018Rereferred to Finance
02/08/2018Reported from Finance (12-Y 3-N 1-A) (see vote tally)
02/12/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/13/2018Read second time and engrossed
02/13/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/13/2018Passed Senate (19-Y 18-N 3-A) (see vote tally)
02/14/2018Impact statement from DPB (SB823)
02/19/2018Placed on Calendar
02/19/2018Read first time
02/19/2018Referred to Committee on Commerce and Labor
02/20/2018Reported from Commerce and Labor (21-Y 0-N) (see vote tally)
02/22/2018Read second time
02/23/2018Read third time
02/23/2018Passed House (67-Y 29-N 2-A)
02/23/2018VOTE: PASSAGE (67-Y 29-N 2-A) (see vote tally)
02/27/2018Bill text as passed Senate and House (SB823ER)
02/27/2018Signed by Speaker
02/28/2018Impact statement from DPB (SB823ER)
03/02/2018Signed by President
03/05/2018Enrolled Bill Communicated to Governor on March 5, 2018
03/05/2018G Governor's Action Deadline Midnight, April 9, 2018
04/09/2018Governor's recommendation received by Senate
04/18/2018Senate concurred in Governor's recommendation (35-Y 0-N 4-A)
04/18/2018House concurred in Governor's recommendation (94-Y 3-N 1-A)
04/18/2018VOTE: ADOPTION (94-Y 3-N 1-A)
04/18/2018G Governor's recommendation adopted
04/18/2018Reenrolled bill text (SB823ER2)
04/18/2018Signed by President as reenrolled
04/18/2018Signed by Speaker as reenrolled
04/18/2018Enacted, Chapter 848 (effective 7/1/18)
04/18/2018G Acts of Assembly Chapter text (CHAP0848)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.


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

Del. Terry Kilgore (R-Gate City): Thank you.

Del. Kirk Cox (R-Colonial Heights): the delegate from charlottesville. >> thank you, Mr. Speaker. Will the gentleman from scott resume the floor for a question? >> will the delegate yield for a question?

[Unknown]: I yield. >> thank you, Mr. Speaker. I ask the delegate, his bill was 1427 and I would ask the delegate is that bill the same as this bill? >> yes.

Del. David Toscano (D-Charlottesville): okay. Mr. Speaker -- would the gentleman yield for another question? >> would the delegate yield for another question? >> yes. >> thank you. I would ask the gentleman has his bill gotten through the other body by now or is it still somewhere in the process?

[Unknown]: I think as far as I know it is somewhere in the process. I think it's monday. >> okay. I thank the gentleman. thank you.

Del. Kirk Cox (R-Colonial Heights): shall the bill pass?