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:

 

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-    Radiofrequency exposure; public health guidance; statewide measurements.  (a)  The department of health shall develop, publish, and periodically update public health guidance and educational materials regarding radiofrequency energy exposure from cellular towers, including:

     (1)  Summaries of finding of relevant scientific studies;

     (2)  Explanations of exposure sources and measurement methods;

     (3)  Descriptions of potential effects on human health and the environment;

     (4)  Information, including links to and references for applicable federal exposure standards;

     (5)  An explanation of how radiofrequency energy is transmitted, how exposure occurs, and the basic principles governing its interaction with people and the environment; and

     (6)  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.

     (b)  The department shall conduct statewide radiofrequency energy measurements, which shall:

     (1)  Include measurements of fifth-generation (5G) millimeter wave radiofrequency energy; and

     (2)  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.

     (c)  For the purposes of this section:

     "Personal wireless services" has the same meaning as defined in title 47 United States Code section 332.

     "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.

     "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."

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Cellular towers and antennas; vegetation management.  (a)  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.

     (b)  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-  ."

     SECTION 3.  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.

     SECTION 4.  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.

     SECTION 5.  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.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  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.  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.  Appropriates funds.

 

 

 

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