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West Virginia Legislature· SB 506Signed

Permitting certain use of county-owned wireless tower, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                     Enrolled
            Committee Substitute

                         for

           Senate Bill 506

          BY SENATORS TAYLOR, SMITH (MR. PRESIDENT),
                           THORNE, AND RUCKER

         [Passed March 14, 2026; in effect 90 days from
                        passage (June 12, 2026)]
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1 AN ACT to amend and reenact §7-1-3k of the Code of West Virginia, 1931, as amended, relating

2          to permitting county commissions to lease, rent, or permit the use of county-owned

3          wireless towers or any portions thereof to any entity or entities meeting certain criteria,

4          with equipment and systems meeting minimum requirements, and for purposes not

5          prohibited; prohibiting county commissions from levying charges for use of county-owned

6          wireless towers or any portions thereof by public safety operations, the West Virginia

7          Division of Highways, or any other state agencies provided the same requirements are

8          met as for other applicants; allowing county commissions to recover actual and reasonable

9          costs from state, county, or local entities in certain circumstances; mandating county

10         commissions conduct due diligence before permitting use of county-owned wireless

11         towers; and providing that county commissions that conduct due diligence may not be held

12         liable for injuries or damages for entities failing to meet minimum requirements.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

    §7-1-3k. Authority to lease, rent, or permit the use of county property.

1          (a) The county commission of each county is authorized to lease, rent, or permit the use

2 of county-owned buildings, lands, and other properties or any portion thereof by nonprofit

3 organizations. Authorized uses pursuant to this section shall include the granting of meeting

4 places, service outlets, and operational headquarters for organizations established within the

5 county.

6          (b) Notwithstanding the provisions of subsection (a) of this section, the county commission

7 of each county is authorized to lease, rent, or permit the use of county-owned wireless towers,

8 including, but not limited to, those subject to §11-15-30, §24-6-2, and §24-6-6b of this code, or

9 any portions thereof to any entity or entities: Provided, That:

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10  (1) No entity or entities leasing, renting, or permitting the use of county-owned wireless

11 towers or any portions thereof may be directly or indirectly associated with any person or entity

12 connected to:

13  (A) The list of persons determined to be foreign adversaries by the Secretary of Commerce

14 of the United States under 15 C.F.R. 791.4;

15  (B) The terrorist exclusion list compiled by the Secretary of State of the United States in

16 consultation with the Attorney General of the United States under 8 U.S.C. 1182;

17  (C) The list of countries determined by the Secretary of State of the United States that

18 have repeatedly provided support for acts of international terrorism under 50 U.S.C. 4813(c) and

19 22 U.S.C. 2780(d);

20  (D) The list of individual and entities designated by, or in accordance with Executive Order

21 13224, issued by the President of the United States on September 23, 2021, or Executive Order

22 13268, issued by the President of the United States on July 2, 2002; and

23  (2) Any entity or entities leasing, renting, or permitting the use of county-owned wireless

24 towers or any portions thereof shall be prohibited from engaging in unconstitutional surveillance

25 activities or other actions that would pose a likely risk of violating the constitutional rights and

26 liberties of citizens; and

27  (3) Any entity or entities leasing, renting, or permitting the use of county-owned wireless

28 towers or any portions thereof shall utilize non-compromised cellular and/or cyber security

29 defense measures to protect both private and public utilization and shall utilize no technology or

30 system that could threaten critical infrastructure, including, but not limited to, voting and election

31 management systems, and if any technology does connect to voting or election management

32 related systems, such technology may not incorporate hardware or software that is designed,

33 produced, owned, or licensed by an entity that is owned, operated, or majority-controlled by a

34 foreign company or a domestic company registered in another country, including a domesticated

35 foreign corporation, or by a person who is not a United States citizen or is produced, in whole or

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36 in part, including software, hardware, equipment, and any other accessories, in a foreign country;

37 and

38          (4) County commissions may permit any of the following state, county, or local entities to

39 use tower space but may not impose a charge for use of the tower space, except that a county

40 commission may recover the actual and reasonable costs attributable to that permitted user's

41 installation, equipment, or operation on the tower, including costs associated with engineering,

42 structural analysis, maintenance, utilities, or tower modifications:

43          (A) Public safety operations, including 911, law enforcement, ambulance, rescue, and

44 firefighting;

45          (B) The West Virginia Department of Highways; and

46          (C) Any other state agencies so long as the permitted uses meet all the requirements set

47 forth in §7-1-3k(b)(1), (2), and (3) of this code; and

48          (5) Before permitting any entity or entities, including, but not limited to, nonprofit

49 organizations, to use tower space, county commissions shall conduct reasonable due diligence

50 to ascertain compliance of the entity or entities with the requirements set forth in §7-1-3k(b)(1),

51 (2), and (3) of this code. County commissions that perform such due diligence may not be held

52 liable for any damages, claims, or injuries resulting from an entity’s or entities’ violation of the

53 requirements of §7-1-3k(b)(1), (2), or (3) of this code.

54          (c) Each county commission is authorized to charge and collect fees for uses of county

55 properties pursuant to this section. In addition, each county commission is empowered to

56 promulgate rules and regulations in order to carry out the provisions of this section within the

57 county.

58          (d) The allocation of county properties for use by organizations shall be controlled either

59 by the county commission or, optionally, by a panel which may be appointed by the commission

60 for this purpose. Any panel appointed pursuant to this section shall consist of not less than three

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61 nor more than five members who shall serve at the will and pleasure of the commission. All

62 decisions of a panel, if one is appointed, shall be subject to review by the county commission.

63          (e) If a panel is appointed pursuant to this section, each member shall be a resident of the

64 county in which the panel sits. A majority of the panel shall constitute a quorum for the transaction

65 of business, and all matters shall be decided by the majority vote of those members present at a

66 meeting. Each panel is authorized to select from among its members one secretary, who shall

67 keep a record of all proceedings, and one chairman. A member may be entitled to reimbursement

68 for all reasonable and necessary expenses actually incurred in the performance of his or her

69 duties.

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              The Clerk of the Senate and the Clerk of the House of Delegates hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

                       Clerk of the Senate
                           ...............................................................
                               Clerk of the House of Delegates

         Originated in the Senate.
         In effect 90 days from passage.

                                       ...............................................................
                                                 President of the Senate
                                                           ...............................................................
                                                              Speaker of the House of Delegates
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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