Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires wireless telecommunications carriers to locate personal wireless service facilities on State or municipal property, when permissible.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the location of personal wireless service facilities and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Personal wireless service facility" means a wireless communications support structure, wireless communications equipment, as those terms are defined in section 1 of P.L.2011, c.199, or both, and any associated equipment and structures necessary to operate and maintain the facility.
"Wireless telecommunications carrier" means a provider of wireless telecommunications services, including cellular and broadband.
2. a. Notwithstanding the provisions of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or any other law, rule, or regulation to the contrary, a wireless telecommunications carrier shall locate a personal wireless service facility on State or municipal property. If federal law prohibits the placement of a personal wireless service facility on State or municipal property, the wireless telecommunications carrier shall submit to the local planning board of the municipality where the wireless telecommunications carrier seeks to locate a personal wireless service facility an affidavit attesting that federal law prohibits the placement of the personal wireless service facility on State or municipal property.
b. The terms and conditions of a lease between a municipality and a wireless telecommunications carrier for the installation of a personal wireless service facility on municipal property shall be consistent with the "Local Lands and Building Law," P.L.1971, c.199 (C.40A:12-1 et seq.).
3. Pursuant to section 4 of P.L.1997, c.135 (C.52:31-1.3a), the State House Commission shall approve any lease for the installation of a personal wireless service facility upon State-owned property.
4. This act shall take effect immediately.
STATEMENT
This bill requires a wireless telecommunications carrier to locate a personal wireless service facility on State or municipal property. If federal law prohibits the placement of a personal wireless service facility on State or municipal property, the wireless telecommunications carrier shall submit to the local planning board of the municipality where the wireless telecommunications carrier seeks to locate a personal wireless service facility an affidavit attesting that federal law prohibits the placement of the personal wireless service facility on State or municipal property. The terms and conditions of a lease between a municipality and a wireless telecommunications carrier for the installation of a personal wireless service facility on municipal property shall be consistent with State law.
This bill also requires that the State House Commission approve any lease for the installation of a personal wireless service facility upon State-owned property.
As used in this bill, "personal wireless service facility" means a wireless communications support structure, wireless communications equipment, or both, and any associated equipment and structures necessary to operate and maintain the facility, as regulated by federal law. "Wireless telecommunications carrier" means a provider of wireless telecommunications services, including cellular and broadband.