SB 222
Bans political subdivisions from requiring the removal or relocation of infrastructure owned by a communication service provider unless certain conditions are met
LR Number:
Last Action:
4/7/2015 - SCS Voted Do Pass S Commerce, Consumer Protection, Energy and the Environment Committee (1151S.04C)
Journal Page:
Calendar Position:
Effective Date:
August 28, 2015

Current Bill Summary

SCS/SB 222 - This act defines "infrastructure" as equipment installed by a communications service provider to provide high-speed internet to unserved or underserved areas of the state. This act bans political subdivisions from requiring or necessitating the removal or relocation of infrastructure owned by a communication service provider lawfully located in certain areas unless the political subdivision agrees to pay the infrastructure owner reasonable costs of removal or relocation or retains a contractor who is in good standing with the infrastructure owner. Under this act, reasonable costs vary depending upon whether the political subdivision has a publicly available 5 year plan relating to changes that would provide communication service providers guidance on locations to install infrastructure, the location of the infrastructure being on private property, attached to a utility pole, or in the public right-of-way, and the length of time that has passed since the political subdivision has issued a permit or authorized the placement of such infrastructure. A political subdivision may not raise its right-of-way management costs for the purpose of recovering removal or relocation expenses paid to any communications service provider. No political subdivision shall request a removal or relocation of infrastructure for the benefit of an owner or tenant of real property. Further, this act requires that if a communication provider installs infrastructure in the public right-of-way, they shall provide the political subdivision the location of such infrastructure.

This act does not apply to the removal or relocation of infrastructure under certain circumstances or to certain entities as set forth in this act. This act shall only apply to infrastructure installed on or after August 28, 2015 but prior to December 30, 2022.

This act is similar to HB 662 (2015) and HB 1928 (2014).