2024-12-16 Cindy Evans - Laserfiche WebLink

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will never be subject to what the RF(radio frequency) emissions are. The current bill language only requires an affirmation relating to FCC compliance and RF(radio frequency) levels. CORPORATION COUNSEL Corporation Counsel, Elizabeth Strance, after reviewing draft bill in late 2023, asked me to pause and wait for the Planning Department who was updating code on broadband related permits in response to update of HRS(Hawaii Revised Statutes) 46-89, more specifically: "A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved bythe county,the application shall be deemed approved by the county." "No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions." Corporation Counsel suggested I work with Planning. I agreed. RESEARCH: Local Ordinances Staff and I researched municipalities that have passed ordinances that regulate the permitting of broadband infrastructure. Note that many of these provisions go above and beyond what is stated in Bill 194. Davis CA: Permit approval of broadband infrastructure • Annual or bi-annual RF emission monitoring report, including any FCC updates. • At director's discretion, qualified independent RF engineer or consultant review, paid for by the applicant. • Optional periodic review by county. • Prohibition in sensitive areas: habitats, school sites, and historical resources. Calabasas CA: Permit approval of broadband infrastructure • Provides for noise limits on broadband infrastructure, including a noise study. • Decommissioning: Site must be restored reasonably close to original condition. • Requires structural analysis by licensed engineer. • All planned radio frequency emissions stated in proposal. Copake NY: Permit approval of broadband infrastructure • May hire independent consultants, paid for by applicant. • Provides for monitoring protocol, paid for by applicant, including pre-testing and post testing, to ensure compliance with FCC regulations. • Requires radiated signal propagation studies, signed by a qualified radio-frequency engineer, paid for by the applicant. • Requires public hearing. 2