UNOFFICIAL COPY 24 RS BR 1759
Page 1 of 7
XXXX 2/9/2024 1:48 PM Jacketed
AN ACT relating to cellular antenna towers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 100.987 is amended to read as follows: 3
(1) A planning unit as defined in KRS 100.111 and legislative body or fiscal court that 4
has adopted planning and zoning regulations may plan for and regulate the siting of 5
cellular antenna towers in accordance with locally adopted planning or zoning 6
regulations in this chapter, except as otherwise provided in this section. 7
(2) Every utility or a company that is engaged in the business of providing the required 8
infrastructure to a utility that proposes to construct an antenna tower for cellular 9
telecommunications services or personal communications services within the 10
jurisdiction of a planning unit that has adopted planning and zoning regulations in 11
accordance with this chapter shall: 12
(a) Submit a copy of the applicant's completed uniform application to the 13
planning commission of the affected planning unit to construct an antenna 14
tower for cellular or personal telecommunications services. The uniform 15
application shall include a grid map that shows the location of all existing 16
cellular antenna towers and that indicates the general position of proposed 17
construction sites for new cellular antenna towers within an area that includes: 18
1. All of the planning unit's jurisdiction; and 19
2. A one-half (1/2) mile area outside of the boundaries of the planning 20
unit's jurisdiction, if that area contains either existing or proposed 21
construction sites for cellular antenna towers; 22
(b) Include in any contract with an owner of property upon which a cellular 23
antenna tower is to be constructed, a provision that specifies, in the case of 24
abandonment, a method that the utility will follow in dismantling and 25
removing a cellular antenna tower, including a timetable for removal; and 26
(c) Comply with any local ordinances concerning land use, subject to the 27 UNOFFICIAL COPY 24 RS BR 1759
Page 2 of 7
XXXX 2/9/2024 1:48 PM Jacketed
limitations imposed by 47 U.S.C. sec. 332(c), KRS 278.030, 278.040, and 1
278.280. 2
(3) All information contained in the application and any updates, except for any map or 3
other information that specifically identifies the proposed location of the cellular 4
antenna tower then being reviewed, shall be deemed confidential and proprietary 5
within the meaning of KRS 61.878. The local planning commission shall deny any 6
public request for the inspection of this information, whether submitted under 7
Kentucky's Open Records Act or otherwise, except when ordered to release the 8
information by a court of competent jurisdiction. Any person violating this 9
subsection shall be guilty of official misconduct in the second degree as provided 10
under KRS 522.030. 11
(4) After an applicant's submission of the uniform application to construct a cellular 12
antenna tower, the planning commission shall: 13
(a) Review the uniform application in light of its agreement with the 14
comprehensive plan and locally adopted zoning regulations; 15
(b) Make its final decision to approve or disapprove the uniform application; and 16
(c) Advise the applicant in writing of its final decision within sixty (60) days 17
commencing from the date that the uniform application is submitted to the 18
planning commission or within a date certain specified in a written agreement 19
between the local planning commission and the applicant. If the planning 20
commission fails to issue a final decision within sixty (60) days and if there is 21
no written agreement between the local planning commission and the 22
applicant to a specific date for the planning commission to issue a decision, 23
the uniform application shall be deemed approved. 24
(5) If the planning commission disapproves of the proposed construction, it shall state 25
the reasons for disapproval in its written decision and may make suggestions which, 26
in its opinion, better accomplish the objectives of the comprehensive plan and the 27 UNOFFICIAL COPY 24 RS BR 1759
Page 3 of 7
XXXX 2/9/2024 1:48 PM Jacketed
locally adopted zoning regulations. No permit for construction of a cellular or 1
personal communications services antenna tower shall be issued until the planning 2
commission approves the uniform application or the sixty (60) day time period has 3
expired, whichever occurs first. 4
(6) The planning commission may require the applicant to make a reasonable attempt 5
to co-locate additional transmitting or related equipment. A planning commission 6
may provide the location of existing cellular antenna towers on which the 7
commission deems the applicant can successfully co-locate its transmitting and 8
related equipment. If the local planning commission requires the applicant to 9
attempt co-location, the applicant shall provide the local planning unit with a 10
statement indicating that the applicant has: 11
(a) Successfully attempted to co-locate on towers designed to host multiple 12
wireless service providers' facilities or existing structures such as a 13
telecommunications tower or another suitable structure capable of supporting 14
the applicant's facilities, and that identifies the location of the tower or 15
suitable structure on which the applicant will co-locate its transmission and 16
related facilities; or 17
(b) Unsuccessfully attempted to co-locate on towers designed to host multiple 18
wireless service provider's facilities or existing structures such as a 19
telecommunications tower or another suitable structure capable of supporting 20
the applicant's facilities and that: 21
1. Identifies the location of the towers or other structures on which the 22
applicant attempted to co-locate; and 23
2. Lists the reasons why the co-location was unsuccessful in each instance. 24
(7) The local planning commission may deny a uniform application to construct a 25
cellular antenna tower based on an applicant's unwillingness to attempt to co-locate 26
additional transmitting or related equipment on any new or existing towers or other 27 UNOFFICIAL COPY 24 RS BR 1759
Page 4 of 7
XXXX 2/9/2024 1:48 PM Jacketed
structures. 1
(8) In the event of co-location, a utility shall be considered the primary user of the 2
tower, if the utility is the owner of the antenna tower and if no other agreement 3
exists that prescribes an alternate arrangement between the parties for use of the 4
tower. Any other entity that co-locates transmission or related facilities on a cellular 5
antenna tower shall do so in a manner that does not impose additional costs or 6
operating restrictions on the primary user. 7
(9) Upon the approval of an application for the construction of a cellular antenna tower 8
by a planning commission, the applicant shall notify the Public Service 9
Commission within ten (10) working days of the approval. The notice to the Public 10
Service Commission shall include a map showing the location of the construction 11
site. If an applicant fails to file notice of an approved uniform application with the 12
Public Service Commission, the applicant shall be prohibited from beginning 13
construction on the cellular antenna tower until such notice has been made. 14
(10) A party aggrieved by a final action of a planning commission under the provisions 15
of KRS 100.985 to 100.987 may bring an action for review in any court of 16
competent jurisdiction. 17
(11) Applications for approval of cellular antenna towers on property owned by any state 18
agency, university electing to perform financial management of its real properties 19
pursuant to KRS 164A.555 to 164A.630, department, board, commission, authority, 20
or other instrumentality of the state that is exempt from zoning regulations under 21
KRS 100.361, other than property for which the use is controlled by the secretary of 22
the Finance and Administration Cabinet pursuant to KRS 56.463(4)(a), shall be 23
submitted to the Public Service Commission for approval under KRS 278.650. 24
(12) Notwithstanding any provision of law to the contrary, a planning unit, legislative 25
body, or fiscal court that has adopted planning and zoning regulations shall not 26
approve the siting of a cellular antenna tower capable of providing fifth 27 UNOFFICIAL COPY 24 RS BR 1759
Page 5 of 7
XXXX 2/9/2024 1:48 PM Jacketed
generation or 5G mobile communications service within one thousand six 1
hundred forty (1,640) feet of any residentially zoned area, park, playground, 2
hospital, nursing home, day care center, or school. 3
Section 2. KRS 278.650 is amended to read as follows: 4
(1) If an applicant proposes construction of an antenna tower for cellular 5
telecommunications services or personal communications services which is to be 6
located in an area outside the jurisdiction of a planning commission, or outside the 7
jurisdiction of the secretary of the Finance and Administration Cabinet pursuant to 8
KRS 56.463(4)(a), the applicant shall apply to the Public Service Commission for a 9
certificate of public convenience and necessity pursuant to KRS 278.020(1), 10
278.665, and this section. The commission shall convene a local public hearing on 11
the application upon the receipt of a request from the local governing body or from 12
not less than three (3) interested persons that reside in a county or municipal 13
corporation in which the tower is proposed to be constructed. In reviewing the 14
application, the commission may take into account the character of the general area 15
concerned and the likely effects of the installation on nearby land uses and values. 16
A local government may charge a fee for a building permit, in connection with the 17
construction or alteration of any structure for cellular telecommunications services 18
or personal communication services, if the fee does not exceed that charged for any 19
other commercial structure of comparable cost of construction. 20
(2) Notwithstanding any provision of law to the contrary, the commission shall not 21
approve the siting of a cellular antenna tower capable of providing fifth 22
generation or 5G mobile communications service within one thousand six 23
hundred forty (1,640) feet of any residentially zoned area, park, playground, 24
hospital, nursing home, day care center, or school. 25
SECTION 3. A NEW SECTION OF KRS 211.842 TO 211.852 IS CREATED 26
TO READ AS FOLLOWS: 27 UNOFFICIAL COPY 24 RS BR 1759
Page 6 of 7
XXXX 2/9/2024 1:48 PM Jacketed
(1) The Cabinet for Health and Family Services shall establish an online registry 1
that allows residents who are experiencing biological symptoms from wireless 2
radiation exposure to list their relevant information, including: 3
(a) The resident's name, address, email, and phone number; 4
(b) The address and location of the cellular antenna tower or other wireless 5
source in question; 6
(c) The type of cellular antenna tower or other wireless source in question, if 7
known; 8
(d) When symptoms began; 9
(e) The range of biological symptoms experienced; 10
(f) The frequency of biological symptoms and severity; and 11
(g) If there is a change in these symptoms with a change in proximity to the 12
cellular antenna tower or other wireless source in question and length of 13
time exposed. 14
(2) The registry, and all relevant information gathered under subsection (1) of this 15
section, shall be posted online in its entirety, except for the name, address, email, 16
and phone number of the person reporting, which shall be kept confidential. The 17
registry shall be accessible through a link on the public home page of the 18
cabinet's website. The cabinet shall include a conspicuous notice to the public 19
regarding how information submitted to the registry shall be used. 20
(3) (a) Beginning on the effective date of this Act, the owners of any cellular 21
antenna towers sited in the Commonwealth shall register annually with the 22
cabinet, in the form and manner as the cabinet may require, and provide the 23
cabinet with information on each cellular antenna tower it owns, including 24
but not limited to the: 25
1. Location of the cellular antenna tower and its proximity to any 26
residentially zoned area, park, playground, hospital, nursing home, 27 UNOFFICIAL COPY 24 RS BR 1759
Page 7 of 7
XXXX 2/9/2024 1:48 PM Jacketed
day care center, or school; 1
2. Technology employed by the cellular antenna tower; 2
3. Age of the cellular antenna tower and its maintenance history; and 3
4. Name, address, telephone number, and email address of the person 4
designated by the owner as its agent for service of process. 5
(b) The cabinet shall fix a reasonable schedule of fees, by administrative 6
regulation promulgated in accordance with KRS Chapter 13A, to be paid by 7
the applicants for registration of cellular antenna towers and for annual 8
renewal of the registration. The cabinet shall set the schedule of fees at a 9
level not to exceed the total costs it incurs in maintaining the registry 10
established under this section. Fees payable to the cabinet shall be paid into 11
the State Treasury and credited as restricted funds to be used by the cabinet 12
to maintain the registry. 13