Relating to authorizing the Division of Highways to promulgate a legislative rule relating to small wireless facilities on Division of Highways rights-of-way
Summary
HB2276 is a legislative rule authorization bill. It amends West Virginia Code §64-8-1 to authorize the Division of Highways to promulgate a rule governing small wireless facilities located on Division of Highways rights-of-way. In practical terms, the bill does not itself create the detailed regulatory standards; instead, it gives legal effect to an already-filed administrative rule, identified as 157 CSR 13, that was authorized under §31H-2-3.
The bill’s stated subject is the placement and regulation of small wireless facilities in highway rights-of-way, which typically includes infrastructure associated with wireless communications networks such as antennas and related equipment. The text also contains a conflicting note stating the purpose is to authorize the Division of Motor Vehicles to promulgate a rule relating to handicapped placards, but the bill caption and operative language clearly focus on the Division of Highways and small wireless facilities. As drafted, the bill would affect state administrative law by approving the agency rule and allowing it to take effect as part of the state’s regulatory framework.
Impact
HB2276 would update West Virginia’s legislative rule authorization statute to approve a Division of Highways rule on small wireless facilities in highway rights-of-way. This would affect the Division of Highways, wireless providers, and any entities seeking to install or maintain telecommunications equipment in state-controlled roadway corridors, while leaving the substantive rulemaking details to the agency rule itself. It does not appear to create a new program or funding mechanism, but rather validates an existing administrative rule under the state’s legislative review process.
Sentiment
No committee transcripts or recorded votes are provided, so there is no direct evidence of debate or opposition in the available materials. Based on the bill text alone, the measure appears routine and technical, aimed at authorizing an agency rule rather than advancing a controversial policy change. The absence of voting history or discussion suggests no documented public sentiment in the record provided.
Contention
The main point of potential contention is the scope of state control over wireless infrastructure in highway rights-of-way, including how access, permitting, safety, and fees may be regulated by the Division of Highways under the authorized rule. A secondary issue is the internal inconsistency in the bill materials: the operative caption and text concern small wireless facilities, while the note references handicapped placards and the Division of Motor Vehicles. That discrepancy could create confusion about the bill’s intended subject, though the formal bill language points to the highways/wireless facilities rule.