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From: Naomi Melamed
Sent: Monday, March 31,.2025 11:11 AM '}
To: Council Testimony c` €,
Subject: Bill 24 committee meeting testimony. . {,
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Testimony for the PCLUED Committee on Proposed Bill 24
Esteemed Council Members,
Thank you for your careful consideration of the proposed Bill 24 within the PCLUED committee. I am writing to provide
you with important information regarding four amendments that Council Member Villegas will introduce at the
upcoming meeting on Tuesday. We hope you will take the time to reflect on the significance of these amendments,
which are crucial for the community.
Overview of Proposed Amendments
Inclusion of Small Cells
Adoption of an Application Form to Clarify Shot-Clock Start Date Inclusion of 100 mph Sustained Wind Building Plan
Requirement Clarification of Notification Requirements Below are the details and rationale for each proposed
amendment,with particular emphasis on the first amendment,which is of utmost importance to me and I believe to
many of the residents of the Big Island who want to preserve the unique character of this place.
Amendment 1: Inclusion of Small Cells
Rationale:
With rapid advancements in Al and other technologies,wireless infrastructure is continually evolving.A clear and specific
definition of wireless facilities is necessary to keep pace and prevent any confusion,delays, or potential loopholes.
The community strongly supports the regulation of small cells,as reflected in Bill 194,which was reviewed by Corp
Counsel and others.
During the PCLUED meeting on February 4,there was a misconception that small cells couldn't be regulated due to HRS
206N-4; however, HRS 206N-1 clarifies that it only applies to publicly owned poles. Since most utility poles are privately
owned by Hawaiian Electric Ind., regulation is indeed applicable.
It is essential to amend the definition of"Telecommunications antenna"to explicitly include small cells.This amendment
is the most important to me, as it ensures our infrastructure keeps pace with technological advancements and
community needs.
Amendment 2:Adoption of an Application Form to Clarify Shot-Clock Start Date
Rationale:
Disputes regarding the start of the 60-day shot-clock have led to delays and exploitation by applicants.
Bill 24 should specify that all permit application requirements must be completed before the shot-clock begins.
A recent Ninth Circuit Court ruling in October 2024 upheld the FCC's decision regarding the shot-clock start for Eligible
Facilities Requests(EFR), clarifying that it begins when an applicant completes the first procedural step and submits
necessary documentation.
The County should adopt a Permit application form that meets these criteria, ensuring clarity and efficiency.
Amendment 3: Inclusion of 100 mph Sustained Wind Building Plan Requirement
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Rationale:
High-velocity winds pose severe risks,such as tower failures linked to wildfires.
Although Section 7 includes a 130 mph wind survivability requirement,there is no verification method, creating a
potential loophole.
Building codes vary by material,wind zones, and risk categories, complicating compliance and potentially endangering
application deadlines.
Incorporating a 100 mph wind requirement,verified by a licensed structural engineer,will protect the community and
close this gap.
Amendment 4:Clarification of Community Notification Requirements
Rationale:
Ambiguous terms like"notify," "engage," and "affected community" lead to confusion and potential application delays.
Clear definitions are necessary to avoid misinterpretation and exploitation at the community's expense.
Protecting the community requires defined and specific notification requirements.
Thank you for your kind consideration of these amendments. Please feel free to reach out with any questions.We are
counting on your support for these reasonable and crucial amendments for the betterment of our community.
Sincerely,
Naomi Melamed,Safe Tech Hawaii, Big Island Leader Sent from Proton Mail Android
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