SB 506: Permitting certain use of county-owned wireless tower - West Virginia

sb506 h jud am _1 adopted.htm → sb506 hfat akers 3-13 adopted.htm · 5 edits

MODERATE

The bill was amended to replace a standard committee substitute with a new version specifically drafted by Delegate Akers. This revision clarifies the bill's purpose, explicitly allowing county commissions to lease wireless towers to entities that meet specific security and non-surveillance criteria while prohibiting fees for public safety and state agencies. It also mandates due diligence by counties before approving leases and provides liability protection for counties that perform this due diligence.

Scope change

The scope remains focused on county-owned wireless towers, but the amendment adds specific criteria regarding foreign adversaries, surveillance prohibitions, and cybersecurity requirements that were not as clearly defined in the previous draft.

REQUIREMENT

Added specific prohibitions against entities associated with foreign adversaries, terrorist lists, or specific executive orders.

Mandated that tower users cannot engage in unconstitutional surveillance or threaten critical infrastructure like voting systems.

Required county commissions to conduct due diligence before permitting any entity to use tower space.

ENFORCEMENT

Provided immunity from liability for county commissions if they conduct the required due diligence.

FISCAL

Clarified that counties cannot charge fees for public safety or state agency use but can recover actual costs for installation and maintenance.

Committee Substitute → sb506 h jud am _1 adopted.htm · 3 edits

MINOR

The Judiciary Committee amended the bill to clarify that counties can charge public safety agencies for tower usage, but only to recover actual costs like maintenance and engineering, rather than imposing fees. The amendment also removed the specific list of foreign adversaries and terrorist organizations that were previously required to be checked, replacing them with a general prohibition on unconstitutional surveillance and threats to critical infrastructure.

Scope change

The bill's scope regarding public safety usage changed from a flat prohibition on charges to a cost-recovery model, and the eligibility criteria for tenants were broadened by removing specific federal watchlist references.

FISCAL

Changed the rule for public safety agencies from being prohibited from any charges to allowing counties to recover actual and reasonable costs for installation, maintenance, and utilities.

ELIGIBILITY

Deleted the specific list of foreign adversaries and terrorist entities that entities must not be associated with.

REQUIREMENT

Replaced the specific watchlist requirements with a general mandate prohibiting unconstitutional surveillance and technology that threatens critical infrastructure.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

The bill text was updated from a formal 'Enrolled Committee Substitute' version to a standard 'Committee Substitute' draft, removing official enactment headers and dates. Substantively, the bill's scope was expanded by adding a new subsection (e) to the existing text, which establishes specific rules for the composition, residency, and decision-making processes of the optional review panel mentioned in subsection (d).

Scope change

The bill's applicability to the optional review panel was clarified by adding new requirements for panel member residency, quorum rules, and the selection of a chairman and secretary.

REQUIREMENT

Added new subsection (e) requiring that any appointed review panel members must be residents of the specific county where the panel operates.

Added new subsection (e) establishing that a majority of the panel constitutes a quorum and that decisions must be made by a majority vote of members present.

Added new subsection (e) authorizing the panel to select a chairman and a secretary from among its own members.

Added new subsection (e) allowing panel members to receive reimbursement for reasonable and necessary expenses incurred while performing their duties.

Modified subsection (d) to specify that the optional review panel must consist of not less than three nor more than five members, whereas the previous version only stated a minimum of three.

TECHNICAL

Removed official legislative headers, including the 'Enrolled' status, specific passage dates, and page numbering artifacts from the document.

Introduced Version → Enrolled Committee Substitute · 6 edits · Apr 1, 2026

MODERATE

The bill was significantly expanded from a simple authorization for counties to lease wireless towers to a comprehensive regulatory framework. The new version adds strict security requirements, prohibits charging public safety agencies for tower use (with a specific exception for recovering actual costs), and introduces a 'due diligence' requirement for counties to vet applicants before leasing.

Scope change

The bill's scope expanded from a general authorization to include specific prohibitions on foreign adversaries, mandates for cybersecurity standards, and new liability protections for counties that perform due diligence.

ELIGIBILITY

Added strict eligibility criteria prohibiting entities associated with foreign adversaries, terrorist lists, or specific executive orders from leasing county towers.

REQUIREMENT

Mandated that all leased technology must utilize non-compromised cybersecurity measures and cannot threaten critical infrastructure like voting systems.

Required county commissions to conduct reasonable due diligence to verify that applicants meet all security and eligibility criteria before permitting use.

FISCAL

Changed the financial rules for public safety and state agencies: counties can no longer charge them for tower use but may now recover actual and reasonable costs for installation, maintenance, and utilities.

ENFORCEMENT

Added a liability shield protecting county commissions from lawsuits or damages if they have performed the required due diligence.

DEFINITION

Clarified the definition of prohibited technology to include hardware or software produced in whole or in part in a foreign country.

Permitting certain use of county-owned wireless tower

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