HomeMy WebLinkAbout2024-10-30 Debra Greene Testimony Bill 194
From:Debra Greene
To:WPCtestimony
Subject:Support Bill 194
Date:Wednesday, October 30, 2024 12:06:42 PM
Attachments:Comparison between Bill 194 and Planning Bill .docx
Aloha WPC Committee Members,
To the best of our ability we believe the attached document represents an accurate comparison
between the two bills and shows how the Council Bill 194 is a far superior representation of
what the people want and deserve. The needs of the people are best served when their elected
officials enact legislation.
Sincerely,
Debra
__________________________________
Debra Greene, PhD
Founding Director
Safe Tech Hawaii
PHONE: 808-874-6441
WEBSITE: www.SafeTechHawaii.com
Sent from my faster, safer, more secure HARDWIRED computer
Comparison of Bill 194 and Planning’s Bill for Cell Tower Plan Approvals
(Note: new provisions / changes to code are underlined yet often paraphrased)
Bill 194 Planning’s Bill
Section 25-2-74(1) requires a plot plan showing Section 25-2-74(1) requires a plot plan showing
the location of the proposed antenna or tower location on the building site of the proposed
and all buildings and uses within three hundred antenna or tower.
feet thereof.
Section 25-2-74(2) requires an elevation Section 25-2-74(7) requires a statement
drawing of the building site showing height providing the reasons for the location, design
comparisons of all existing structures on and height of the of the proposed tower or
building site
the adjacent landowners regarding plan.
Section 25-2-74(3) requires building plans for Section 25-2-74(2) requires building plans for
the
engineer, stating the maximum load of the engineer, will have a hard survivability of 130
tower, will have hard survivability of 100 miles miles per hour.
per hour, or the applicable standard set forth in
the current building code, whichever is greater.
Section 25-2-74(5) Removes a provision Section 25-2-74(3) Keeps the original provision
requiring a statement from the Federal requiring a statement from the Federal
Communications Commission that the Communications Commission that the
application complies with the regulations and application complies with the regulations and
that no such compliance is necessary and that no such compliance is necessary.
replaces that with requiring a report prepared
by a person who is licensed in the State of
Hawai‘i as a professional electrical engineer
certifying that the proposed use complies with
all applicable standards and regulations,
including those related to radio frequency
emissions, of the Federal Communications
Commission and the State of Hawai‘i
Section 25-2-74(6) requires electrical drawings Has no such provision.
equipment, prepared, designed and stamped
by a person who is licensed in the State of
Hawai‘i as a professional electrical engineer.
Bill 194Planning’s Bill
Section 25-2-74(7) Section 25-4-12(h) says that to enhance
that meets the requirements of the Hawaii Fire
Department and includes a description of the -risk
vegetation to be used for screening, an access
easement to the building site in favor of the for a surveillance camera system designed to
Hawaimonitor a
purposes, and an executed agreement Final Plan Approval. High-
between applicant and the Hawaii Fire Dept to shall be determined by the director on
allow for the installation, maintenance, and consultation with any relevant federal, state,
remote access of monitoring equipment on the and county emergency service agencies.
building site.
Section 25-2-74(8) requires a statement from Has no such provision.
the State department of health regarding
compliance with applicable standards for
noise levels.
Section 25-2-74(9) requires a statement from Has no such provision.
the applicant that the proposed use will not
interfere with the County’s land mobile radio
system and other public emergency
communication systems.
Section 25-2-74(9) requires documentation of Section 25-2-74(6) requires a report indicating:
-locate a statement from the applicant that diligent yet
the proposed use in accordance with the order unsu-
of priority set forth in section 25-4-12(g): “No locate antenna on existing towers or structures
telecommunication antenna may produce at have been made, a map showing those site
any time power densities or radio frequency with analysis on how those sites are
exposure levels that exceed the current inadequate and how the site selected is the
standards of the Federal Communications least obtrusive, maps showing the coverage
Commission regarding radio frequency areas of existing towers within a 2 mile radius
emissions applicable to the proposed use.” of proposed tower, a letter from nearby tower
owners indicating that the tower is not feasible
for co-location, a statement from the wireless
communication provider committing to allow a
minimum of two other wireless
telecommunications providers to co-locate on
proposed tower if feasible.
Has no such provision. Section 25-4-12(a) states that the ground lease
areas of co-locating carriers must be adjacent
to the existing ground lease area and not
located within the open yard setback areas,
and the co-location must not result in a
Co-location that results in a ‘substantial
change’ to the tower height or ground lease
issuance of a new plan approval.
Section 25-2-74(12) requires a statement that a Has no such provision.
geotechnical analysis of the soil conditions
adequate to assure the stability of the
proposed antenna or tower.
Section 25-2-74(13)requires a maintenance Has no such provision.
plan in accordance with industry standards.
Section 25-2-74(14) requires acopy of all Has no such provision.
required licenses issued by the Federal
Communications Commission applicable to
the proposed use.
Section 25-2-74(15) requires a declaration that Has no such provision. Planning contents
the proposed use will be operational within two redundancy; two year deadline already
years of the date of the plan approval. required for all Planning approvals.
Section 25-2-74(16) A description of all lighting Section 25-4-12(g) The telecommunication
antenna or tower shall comply with all
used in connection with the proposed use, cted agencies,
including a statement explaining how the including the FAA and FCC. All exterior lighting,
except safety beacons required by the FAA,
shall be shielded to protect migrating birds.
Section 25-4-12(d)requires that Section 25-4-12(d)(2) requires that
telecommunication antenna or tower shall not telecommunication towers must be sited at
be permitted within one thousand feet of any least 1,200 feet from nearby residences and
property line of any hospital, school, or schools not on the subject property.
residential district.
Has no such provision, other than the same Section 25-4-12(d)(3) states that
120% of tower height property line setback telecommunication towers located within V,
requirement.
districts shall be exempt from the property line
setbacks requirements stated in Section 25-4-
(d)(1):” Telecommunication towers shall be set
back from every property line no less than one
hundred and twenty percent of tower height.”
Bill 194Planning’s Bill
Section 25-4-12(f) states that the director may Has no such provision.
engage a private consultant to inspect and
determine whether the proposed use violates
any applicable standard of the Federal
Communications Commission, with a pause
on the two year project completion deadline
during such consultation.
Section 25-4-12(g) requires that no Has no such provision.
telecommunication antenna may produce at
any time power densities or radio frequency
exposure levels that exceed the current
standards of the Federal Communications
Commission regarding radio frequency
emissions applicable to the proposed use.
Section 25-4-12(h) requires an order of priority Has no such provision.
for location of telecommunication antennas or
towers to be 1) On building sites with existing
telecommunication antennas or towers, 2) On
lands, and 4)
Section 25-4-12(i) requires that the design of Has no such provision.
the telecommunication tower shall include:
tower and all associated equipment shall be of
non--materials,
shielded and surge-protected against electrical
isplays the owner of the
antenna or tower, information by which the
and a telephone number for the owner or the
owner’s representative with responsibility for
the antenna or tower, and except that where no
public road borders the subject property, such
signage shall be posted at or near all property
boundaries adjacent to properties not owned
by the owner of the building site.
Bill 194Planning’s Bill
Section 25-4-12(j) requires that all electrical 25-4-12(e) requires that telecommunication
support equipment shall be screened from towers must be enclosed by fencing a
public view in cabinets, boxes, or other similar minimum of 6 feet in height, and towers must
structures; provided that, where practicable, be equipped with an anti-climbing device.
all electrical support equipment shall be
located and secured underground.
Section 25-4-12(k) requires that No outdoor No such provision is required.
storage facilities or structures related to the
proposed use may be kept or maintained on
the building site, except during the period of
construction or to provide power to the
antenna or tower on an emergency basis.
Section 25-4-12(l) requires that The applicant No such provision is required.
shall provide proof of a public liability
insurance policy in an amount determined by
abandonment of the subject use.
Has no such provision. Section 25-2-74(8) requires a visual impact
analysis that includes: a) mitigation measures
before and after photo simulations from
various locations and angles from which the
public would typically view the site and c. a
map depicting where the photos where
“taken”.
Has no such provision. Section 25-4-12(b) states that
telecommunication facilities developed by
government agencies primarilyto protect
public health, safety, and welfare, including but
ambulance, and other emergency dispatch
services shall be exempt from the
telecommunication tower requirements
outlined in this chapter.
Has no such provison Section 25-4-12(c) states that the minimum lot
telecommunication tower within the A, FA, IA,
. For
ll be 1 acre.
placement of towers within the V, CN, CG,
director will not result in adverse impacts,
including but not limited to noise, light, glare,
to adjacent property.
Has no such provision. Section 25-4-12(i) states that should any state
or federally listed endangered species be found
on the subject property, the applicant shall
comply with all applicable requirements the
Department of Land and Natural Resources-
Division of Forestry and Wildlife and/or the
United States Fish and Wildlife Service.
Has no such provision. Section 25-4-12(k) states that the director may
require any conditions or changes in the
location and design of the telecommunication
antennas and towers which, in the director’s
opinion, are necessary to cassry out the
purposes of this chapter and the
considerations of 25-2-74, 25-2-77, and the
natural beauty chapter of the General Plan.
This can include but is not limited to requiring
stealth design. If the proposed site is located
within an area of the natural beauty as
designated by the General Plan or is located
along a roadway, bikeway, trail or park used by
the public the director may require an on-site
-site location of the telecommunication