Report Title:

Cellular Antennas; Radiation; County Permit

Description:

Mandates the collection and analysis of data on radio frequency radiation from cellular base station antennas and antenna towers. Mandates the counties to establish a permit process with public hearing requirements for cell phone towers, antennas, and other structures exceeding 10 feet in height.

HOUSE OF REPRESENTATIVES

H.B. NO.

2787

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO telecommunications.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Cellular phone antennas, towers, and structures; permitting process; public hearing. The counties shall enact ordinances and prescribe rules and administrative procedures for the permitting of cell phone antennas, towers, and other structures that exceed ten feet in height. The permitting process shall require a public hearing on the application. Notice for the public hearing shall include but not be limited to requiring the applicant to mail a notice setting forth the time and place of the public hearing to not less than two-thirds of the owners and lessees of record of real estate and owners of records of shares in a cooperative apartment or to those individuals on the list of owners as provided by the managing agent or governing body of the shareholders association situated within a five hundred foot radius from the proposed location of the cell tower, antenna, or structure."

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Cellular antennas; radio frequency radiation emissions testing. The department of health shall:

(1) Periodically collect and analyze data on the emissions of radio frequency radiation from cellular base station antennas and antenna towers throughout the State; and

(2) Detect and control conditions and exposures affecting health that are associated with exposure to radio frequency radiation emissions of cellular base station antennas and antenna towers."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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