Summary:

 Senate Bill 164 (SB 164) proposes revisions to the Wireless Consumer Advanced Infrastructure Investment Act by broadening the definition of authority to include political subdivisions and state agencies. The bill also clarifies the definition of "right of way" to specify that it includes certain public areas but excludes federal or state highways. 

Legislation Overview:

 Senate Bill 164 (SB 164) proposes amendments to the Wireless Consumer Advanced Infrastructure Investment Act by modifying definitions to enhance regulatory clarity. The bill expands the definition of authority to include all political subdivisions of the state and state agencies, thereby extending jurisdiction over wireless infrastructure deployment. The definition of right of way is also revised to clarify that it applies to public roads, streets, and utility easements but does not include federal or state highways. The bill aims to standardize permitting processes and clarify regulatory oversight over wireless infrastructure development in state and local jurisdictions.

Implications
SB 164 is expected to improve administrative efficiency by providing clearer guidelines for state and local government oversight of wireless infrastructure projects. By ensuring that permitting authorities are explicitly defined, the bill may reduce regulatory disputes and streamline approval processes. No direct fiscal impact on the state budget is anticipated, although local governments may experience minor administrative cost savings due to improved regulatory clarity.
 

Current Law:

 Current law defines authority narrowly, limiting oversight primarily to municipalities and counties. The existing definition of right of way lacks clarity regarding the exclusion of federal and state highways. SB 164 provides explicit statutory language to remove ambiguities and expand regulatory authority. 

Amendments:

 Amended February 18, 2025 in STBTC

STBTC/SB 164: The Senate Tax, Business and Transportation Committee amends Senate Bill 164 as follows:

1.	On page 6, after line 25, insert: "SECTION 2. Section 63-9I-8 NMSA 1978 (being Laws 2018, Chapter 17, Section 8 and Laws 2018, Chapter 69, Section 8) is amended to read: 

“63-9I-8. SCOPE OF [LOCAL] AUTHORITY.--

 A. Except as otherwise provided in the Wireless Consumer Advanced Infrastructure Investment Act, an authority may exercise its zoning, land use, planning and permitting authority and its police power for the installation, modification and replacement of wireless support structures and utility poles. 

B. An authority's power to control the design, engineering, construction, installation or operation of a small wireless facility in an interior structure or on the site of a campus, stadium or athletic facility not owned or controlled by the authority is limited to its authority to enforce compliance with applicable codes. 

C. The Wireless Consumer Advanced Infrastructure Investment Act does not authorize the state or a political subdivision of the state to require small wireless facility deployment or to regulate wireless services. 

D. If an authority determines that a utility pole or the wireless support structure of a wireless provider must be relocated to accommodate a public project, the provider shall assume the costs of relocating the wireless facilities deployed on the pole or structure. 

E. Nothing in the Wireless Consumer Advanced Infrastructure Investment Act shall limit the authority of the commissioner of public lands to set rates, terms and conditions for the use of lands within the custody and control of the commissioner of public lands."