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SB2714
THE SENATE
S.B. NO.
2714
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to Cellular Towers
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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Chapter 321, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�321-
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Radiofrequency exposure; public health
guidance; statewide measurements.
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(a)
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The department of health shall develop, publish, and periodically update
public health guidance and educational materials regarding radiofrequency energy
exposure from cellular towers, including:
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(1)
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Summaries of finding of relevant
scientific studies;
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(2)
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Explanations of exposure sources and
measurement methods;
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(3)
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Descriptions of potential effects on
human health and the environment;
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(4)
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Information, including links to and
references for applicable federal exposure standards;
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(5)
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An explanation of how radiofrequency
energy is transmitted, how exposure occurs, and the basic principles governing
its interaction with people and the environment; and
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(6)
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Procedures for how individuals may
search for the locations of
cellular towers
in their neighborhoods.
The department shall publish the public
health guidance and educational materials on its public website and, upon
request, provide copies to members of the public by mail.
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(b)
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The department shall conduct
statewide radiofrequency energy measurements, which shall:
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(1)
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Include measurements of
fifth-generation (5G) millimeter wave radiofrequency energy; and
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(2)
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Specify the radiofrequency energy
measurements in various locations alongside the potential health and
environmental effects associated with those levels of radiofrequency energy
exposure.
The
department shall publish these measurements and any findings on its public
website.
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(c)
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For the purposes of this
section:
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"Personal wireless services" has the same meaning as defined in
title 47 United States Code section 332.
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"Cellular antenna" means an antenna, repeater, equipment,
wireless-related infrastructure, or other accessory structures used to transmit
and receive radiofrequency signals for personal wireless services.
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"Cellular tower" means a freestanding mast, pole, monopole,
guyed tower, lattice tower, free standing tower, or other structure designed
and primarily used to support one or more cellular antennas and any related
equipment, shelters, or cabinets necessary for the operation of the antennas.
"
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SECTION
2.
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Chapter 46, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
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"
�46-
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Cellular towers and antennas; vegetation
management.
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(a)
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For any lease, easement, permit, or other
authorization issued by a county for the placement or operation of a cellular
tower or cellular antenna on county lands, the county shall prohibit the
trimming, removal, or alteration of trees or vegetation solely to improve
wireless signal reception or network performance, except to the extent
necessary to address immediate safety hazards or prevent material damage to
telecommunications equipment; provided that this prohibition shall not be
enforced in a manner that prohibits or has the effect of prohibiting the
provision of personal wireless services.
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(b)
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For the purposes of this
section, "personal wireless services", "cellular antenna",
and "cellular tower" have the same meaning as those terms are defined
in section 321- .
"
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SECTION 3.
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If any part of this Act is found to be in conflict with federal
requirements that are a prescribed condition for the allocation of federal
funds to the State, the conflicting part of this Act is inoperative solely to
the extent of the conflict and with respect to the agencies directly affected,
and this finding does not affect the operation of the remainder of this Act in
its application to the agencies concerned.
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SECTION
4
.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
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SECTION 5.
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There is appropriated out of the general revenues of the State of Hawaii
the sum of $ or so
much thereof as may be necessary for fiscal year 2026-2027 for the department
of health to conduct statewide radiofrequency energy measurements.
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The sum appropriated shall be expended by
the department of health for the purposes of this Act.
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SECTION 6.
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New statutory material is underscored.
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SECTION 7.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOH; Counties;
Cellular Tower; Cellular Antenna; Radiofrequency Energy; Exposure; Testing;
Vegetation Management; Appropriation
Description:
Requires
the Department of Health to provide public guidance on radiofrequency energy
exposure and conduct statewide monitoring.
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Prohibits the trimming, removal, or alteration
of trees or vegetation by counties around cellular towers or antennas solely to
improve wireless signal reception or network performance, except as necessary
for safety or protection of the equipment.
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Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.