HB2244

SECTION 1. The legislature finds that Hawaii, like other jurisdictions, recognizes the need for responsible and managed wireless growth. Hawaii has over two thousand wireless antenna sites, many of which accommodate multiple wireless carriers. With the rapid deployment of 5G networks to deliver faster and more reliable communications, Hawaii recognizes that additional wireless sites and radio frequency transmitting antennas will be deployed to deliver better and expanded services (e.g., Internet of Things, autonomous vehicles, fixed wireless broadband, and faster video viewing) to consumers and business customers. The Federal Communications Commission is taking leadership towards moving the United States to lead the world in the next generation of wireless connectivity, including Fifth Generation or 5G technologies. These new networks and technologies will enable faster speeds and low-latency wireless broadband services, cultivating the Internet of Things and innovations not yet imagined.

Unprecedented wireless data traffic requires network densification with many new wireless antenna sites required to deliver on the promise of 5G by filling in network gaps and adding critical coverage and capacity for consumers and businesses. The Federal Communications Commission has considered additional safeguards pertaining to wireless site safety and accountability, including H.R. 7236 introduced in December 2018, to resolve the challenges of wireless antenna site management. However, the Federal Communications Commission has been unsuccessful in updating its rules and regulations to promote the type of accountability required to safely manage wireless growth and services in all segments of the industry.

The legislature further finds that, although wireless communications service providers are licensed by the Federal Communications Commission and are required to comply with the Commission's regulations established to protect public health and safety with regard to overexposure to radio frequency emissions, a reliable, independent, and transparent methodology for Commission licensees to generate, store, access, and share the data and information necessary to assess potential risks to public health and safety from radio frequency emissions, and demonstrate compliance with regulations, has been lacking.

Similarly, in the absence of credible data and information of this nature, public perceptions concerning wireless technologies have too often been shaped by speculation and misinformation rather than verifiable scientific evidence.

In addition, and unknown to most building and property owners who host wireless antennas, global insurance providers no longer offer coverage for any radio frequency-related injury claims, which may leave unsuspecting property owners, including the State of Hawaii and local governments, exposed to an uninsured risk and potential claims and litigation.

Consistent with Hawaii public policy promoting the adoption and utilization of broadband and other advanced information and communication technologies, and Hawaii’s commitment to safeguarding the public health and safety of its citizenry, this Act will place Hawaii in the vanguard of jurisdictions seeking to promote responsible growth of wireless technologies through the development of open, transparent, and reliable data and information concerning radio frequency emissions associated with these next generation technologies.

Accordingly, the purpose of this Act is to establish the Hawaii Public Wireless Safety Act within the department of commerce and consumer affairs to ensure that growth in new wireless technologies, and corresponding growth in wireless transmitting antennas, occurs in a responsible and managed manner, consistent and in compliance with Federal Communications Commission regulations. This Act further addresses and supports the existing wireless transmitting systems, technological growth, and deployment of 5G and other next generation wireless technologies and services available to our communities today and into the future and will help ensure that wireless antenna sites located within the State utilize technology that addresses and supports the needs of our communities for current and expanded wireless service offerings.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII Public Wireless Safety Act

§ ‑1 Definitions. As used in this chapter:

"Commission" means the Federal Communications Commission.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of the department of commerce and consumer affairs.

"Facility" means a facility, operation or transmitter that houses radio frequency transmitting antennas in a fixed location and is subject to the radio frequency radiation exposure limits set forth in title 47 C.F.R. section 1.1310.

"Fixed location" means, with respect to a facility, operation or transmitter, is physically secured at one location and is not able to be easily moved to another location.

"Radio frequency transmitting antenna" means a radio frequency wireless transmitting antenna located at a facility.

§ ‑2 Hawaii public wireless safety administration. The department shall administer this chapter through the director. The director may delegate to or procure from any person the power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules.

§ ‑3 Hawaii public wireless safety; duties. The department shall establish a process to determine the most appropriate means of providing the public, workers, and others who may be in close proximity to an radio frequency transmitting antenna at a facility with information that supports compliance with the Commission's regulations pursuant to title 47 C.F.R. section 1.1307(b), which establishes radio frequency exposure limits at facilities to protect public health and safety. In doing so, the department shall consider fully:

(1) A central data repository for the information to be stored in and accessed by authorized users and include radio frequency emission information for each transmitting facility;

(2) The radio frequency information shall include all necessary radio frequency emission characteristics of the facility (e.g. transmitter power, transmit frequency and antenna type) provided by each Commission licensee to the State of Hawaii or designated third party, together with any updates, to ensure the public, workers, or others who may be exposed to radio frequency emission areas that can exceed the Commission’s allowable radio frequency exposure limits are not exposed to radio frequency emission limits above the Commission’s allowable radio frequency exposure limits;

(3) The information shall include visual depictions of the radio frequency emissions in relationship to the physical improvement at such facilities, such that any or all visual depictions of the radio frequency emissions be attributed to a particular antenna or sector at such facility with the latest information;

(4) A capability for exchanging information about facilities and coordinating communications about the facilities, both with respect to a particular facility and with respect to multiple facilities, persons who own or control sites where the facilities are located, contractors performing work on the facilities or at such sites, persons (including any of the foregoing) who employ individuals performing work on the facilities or at such sites or hire individuals performing work on the facilities or at such sites, and emergency service agencies or personnel;

(5) The ability for authorized persons to access and use the latest available radio frequency emission information system established under this section;

(6) The ability to record by whom and the date the information as noted above was accessed to ensure compliance with this chapter;

(7) A method to annually audit the site specific safety information to ensure the accuracy of critical safety information;

(8) A method that provides radio frequency exposure insurance to affected parties, including the Commission's licensees, property owners, employers, State and local governments, and others, for radio frequency-related injury claims at all wireless antenna sites to minimize exposure to an uninsured risk and potential claims and litigation;

(9) A neutral radio frequency compliance third-party to administer and provide services with regard to the proper creation, distribution, access, updates and management of the information required in paragraphs (1) through (8) above, and provide any other additional related services as may be deemed necessary by the director; and

(10) The department may prequalify a prospective third-party radio frequency compliance administrator and service provider for the performance of the services in this section and limit a solicitation to those prequalified administrators and service providers.

§ ‑4 Public wireless safety fund. There is established the public wireless safety fund to be administered by the department. The fund shall consist of amounts collected under section -5. The department shall place the funds in an interest-bearing account at any federally insured financial institution, separate and apart from the general fund of the State. Moneys in the fund shall be expended exclusively by the department for the purposes of ensuring adequate public wireless safety and funding expenses of administering the fund.

§ ‑5 Wireless safety surcharge. (a) A monthly wireless safety surcharge, subject to this chapter, shall be imposed upon each wireless communications service provider.

(b) The rate of the surcharge shall be set at one and one-half per cent of the amount charged for all wireless services fees billed to each customer per month for each wireless communications service provider. The surcharge shall have uniform application and shall be imposed on each wireless communications service provider operating within the State except services billed to federal, state, and county governmental entities.

(c) All wireless communications service providers shall bill to and collect from each of their customers a monthly surcharge at the rate established in subsection (a). The wireless communications service provider may list the surcharge as a separate line item on each bill.

(d) A wireless communications service provider that is collecting the surcharge and remitting appropriate portions of the surcharge to the public wireless safety fund pursuant to this chapter may recover costs as provided in this chapter.

(e) Each wireless communications service provider may retain five per cent of the amount of surcharges collected to offset administrative expenses associated with billing and collecting the surcharge.

(f) A wireless communications service provider shall remit to the public wireless safety fund, within sixty days after the end of the calendar month in which the surcharge is collected, an amount that represents the surcharges collected, less amounts retained for administrative expenses incurred by the wireless communications service provider, as provided in subsection (e).

(g) The surcharges collected by the wireless communications service provider pursuant to this section shall not be subject to any tax, fee, or assessment, nor shall the surcharges be considered revenue of the provider.

(h) Each customer who is subject to this chapter shall be liable to the State for the surcharge until it has been paid to the wireless communications service provider. Wireless communications service providers shall have no liability to remit surcharges that have not been paid by customers. A wireless communications service provider shall have no obligation to take any legal action to enforce the collection of the surcharge for which any customer is billed. However, the department may initiate a collection action against the customer. If the department prevails in the collection action, reasonable attorney's fees and costs shall be awarded.

(i) At any time the department deems it necessary and appropriate, the department may make recommendations to the legislature as to whether the surcharge and fund should be discontinued, continued as is, or amended.

(j) When considering whether to discontinue, continue as is, or amend the fund or surcharge, the department's recommendations shall be based on the latest available information concerning costs associated with collecting and disseminating wireless safety information."

SECTION 3. This Act shall take effect upon approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2244
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII