Committee advances bill letting counties lease wireless towers to non-profits and others with cybersecurity, liability protections

The Senate Committee on Government Organization moved Senate Bill 506 forward after adopting an amendment that adds protections for county commissions. The bill, as explained by committee counsel, would let counties lease or permit use of county-owned wireless towers to entities beyond nonprofits, subject to exceptions for entities listed by the U.S. government as foreign adversaries or terrorist organizations and to cybersecurity safeguards.

Committee counsel said the bill prohibits improper surveillance by permitted entities and requires cybersecurity defense measures. If permitted technology would connect to voting or election-management systems, the bill would bar the use of hardware or software designed, produced, owned or licensed by entities owned or controlled by a foreign company or individual designated in relevant federal rules.

Melanie Plarium, introduced as "executive director in government relations for the County Commissioners Association," told the committee the association supports the bill. "It's something that we want. It's something that allows us to be good community partners," Plarium said.

Senators raised practical questions about implementation. Senator from Summers asked how counties would determine component origins for devices and about potential county liability if later-discovered components violated the bill's restrictions. Committee counsel said the bill is silent on specific verification processes and, as drafted, does not include hold-harmless language; counsel warned that the absence of protective language "could possibly create a liability situation." Senator from Brook questioned whether local public-safety users could meet the undefined "non-compromised cellular and/or cybersecurity defense measures." Senator from Upshur suggested requiring proof of insurance as a practical protection for counties.

Senator from Summers offered an amendment to add language insulating counties that conduct reasonable due diligence and to apply the same cybersecurity measures to nonprofits. Counsel drafted the amendment on the floor; the committee adopted it by voice vote. On a subsequent motion, the committee voted to report SB 506 to the full Senate with a recommendation that it pass as amended.

The committee recorded that counties may permit public-safety operations and certain state agencies to use tower space without charging those users, and counsel noted counties could conduct front-end due diligence with prospective users to evaluate technology and IT compliance before allowing use.