HOUSE OF REPRESENTATIVES |
H.B. NO. |
2710 |
THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TELECOMMUNICATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 27-45, Hawaii Revised Statutes, is amended to read as follows:
"[[]§27-45[]] Broadband-related permits; [automatic
approval.] requirements; approval. (a) The State 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; provided that this subsection shall not apply to
a conservation district use application for broadband facilities. If, on the sixty-first day, an application is
not approved, approved with modification, or disapproved by the State, the
application shall be deemed approved by the State.
(b) The State shall approve, approve with modification, or disapprove use applications for broadband facilities within the conservation district within one hundred forty-five days of submission of a complete application and full payment of any applicable fee. If, on the one hundred forty-sixth day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State.
(c) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 27-45, Hawaii Revised Statutes."
(d) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology.
(e) As a condition for any permit issued under
this section for a wireless telecommunications carrier to construct,
reconstruct, or alter a telecommunications facility, the telecommunications
facility shall maintain emergency back-up power for a minimum of eight hours.
[(e)]
(f) No action shall be prosecuted
or maintained against the State, 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.
[(f)]
(g) The [sixty day] sixty-day
time period established by subsection (a) shall be extended in the event of a
natural disaster, state emergency, or union strike that prevents the applicant,
agency, or department from fulfilling application review requirements.
[(g)]
(h) If an application is
incomplete, the State shall notify the applicant in writing within ten business
days of submittal of the application.
The notice shall inform the applicant of the specific requirements necessary
to complete the application. The
sixty-first day automatic approval provisions under subsection (a) shall
continue to apply to the application only if the applicant satisfies the
specific requirements of the notice and submits a complete application within
five business days of receipt of the notice.
[(h)]
(i) Nothing in this section shall
affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011.
[(i) For the purposes of] (j) As used in this section[,]:
["broadband-related]
"Broadband-related permits" means all state permits required
to commence actions with respect to the installation, improvement,
construction, or development of infrastructure relating to broadband service or
broadband technology, including the interconnection of telecommunications
cables, cable installation, tower construction, placement of broadband
equipment in the road rights-of-way, and undersea boring, or the landing of an
undersea communications cable. The term
does not include any state permit for which the approval of a federal agency is
explicitly required pursuant to federal law, rule, or regulation, prior to
granting final permit approval by the State.
"Telecommunications carrier" has the same meaning as in section 269‑1."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory language to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Wireless Telecommunications Carriers; Facilities; Backup Power
Description:
Requires, as a condition for the issuance of a permit, a wireless telecommunications carrier to maintain emergency backup power for a minimum of eight hours. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.