Kentucky 2023 Regular Session

Kentucky Senate Bill SB238

Introduced
2/21/23  
Refer
2/21/23  

Caption

AN ACT relating to the siting of cellular antenna towers.

Impact

The provisions of SB238 specifically aim to simplify and regulate the process for constructing cellular antennas while also addressing community concerns regarding placement. Notably, the bill stipulates that cellular towers capable of providing 5G services cannot be sited within 1,640 feet of inhabitable buildings such as residences, schools, or hospitals, as well as public gathering places. This aspect of the bill reflects an intent to safeguard public health and safety, balancing technological advancement with the needs of local communities.

Summary

SB238 is an act focused on the siting of cellular antenna towers, particularly those facilitating 5G mobile communications. The bill amends existing regulations to require that any applicant proposing to construct such towers outside the jurisdiction of a planning commission or relevant local authority must first apply to the Public Service Commission (PSC) for a certificate of public convenience and necessity. Moreover, the bill mandates that a local public hearing be convened if there are requests from local governing bodies or residents, emphasizing community involvement in the approval process.

Sentiment

The overall sentiment surrounding SB238 appears to be somewhat mixed. Supporters advocate for the bill as a necessary measure to enhance telecommunications infrastructure and to keep pace with technological advancements like 5G. Conversely, some community members and local leaders express concerns regarding potential impacts on property values and the dilution of local zoning authority, arguing that the bill may undermine local governance by preempting local planning decisions.

Contention

Debate over SB238 highlights a fundamental conflict between the need for improved telecommunications infrastructure and the preservation of local control over land use. Key points of contention include the adequate distance required between cellular towers and sensitive community sites, as well as the obligation for telecommunications companies to prioritize co-location on existing towers to mitigate the proliferation of new constructions. Critics of the bill caution that the lack of proper safeguards for local input might lead to adverse community effects.

Companion Bills

No companion bills found.

Similar Bills

KY HB522

AN ACT relating to cellular antenna towers.

KY HB338

AN ACT relating to cellular antenna towers.

KY SB161

AN ACT relating to the siting of cellular antenna towers.

MS HB994

Fairgrounds; authorize Dept. of Archives to acquire city-owned cell tower and provide for construction of new tower located at.

CA SB1272

Crimes: intercepting telephone communications.

CA SB325

Cellular telephones: communications interceptions.

LA HB156

Provides relative to regulations for the construction, design, equipment, and operation of school buses

HI SB3321

Relating To Construction.