*Taken from:* http://www.cde.ca.gov/ls/fa/sf/emfstbckprotocol.asp *Last modified:* *Wednesday, October 13, 2004* *Display version* Electromagnetic Field Setback Exemption Protocol *California Department of Education, School Facilities Planning Division July, 2004* The /California Code of Regulations/, /Title 5/, Section 14010(c) contains school site approval requirements for schools proposed near electric transmission lines. /Title 5/, Section 14010(u) allows exemptions to this section and other /Title 5/ sections. The California Department of Education (CDE) has developed an administrative protocol to help process an electromagnetic field (EMF) exemption request. The /Title 5/ exemption criteria will allow school districts to evaluate potential school sites with a comprehensive approach to all EMF sources at a given site rather than only sources from electric transmission lines. The protocol includes the development of a site specific EMF Management Plan. The EMF Management Plan will be used by the School Facilities Planning Division (SFPD) to consider, on a case-by-case basis, exemption requests to the EMF setback requirements. Below is a summary of the major steps school districts should follow to request a /Title 5/ exemption to Section 14010(c). 1. School districts first need to identify special circumstances that would justify the exemption request. Special circumstances include, but are not limited to, urban areas where: 1. It is necessary to locate new schools in a particular area in order to serve educational needs of the community. 2. The size of the available school sites, given the urban setting, is such that the site plan often calls for the entire site to be utilized with minimal setbacks. 3. Transmission lines on utility poles (frequently 66kV lines) run along most of the streets bordering the available sites. 4. Selection of an alternative acceptable site would require costly eminent domain proceedings. 5. The previously approved school site had use restrictions placed on portions of it due to the power line setback requirements of /Title 5/. 2. With the special circumstances documents, the district will consult with the local utility provider and retain an EMF consultant. The consultant will study the site, evaluating all potential sources of EMF, and develop an EMF Management Plan (EMF-MP) specific to the site. This plan will provide a list of EMF site mitigations that, when completed, will allow the EMF consultant and the school district to conclude that: 1. The EMF-MP has fully evaluated the proposed school site and identified both external and internal EMF sources that will exist on the school site. 2. Implementation of the EMF-MP recommendations will result in projected average EMF levels for the entire useable portion of the site to a level that does not exceed either: 1. The average personal exposure levels as defined in Zaffanella, Luciano E., 1998, /General Public Exposure /, or 2. The average residential background EMF levels in the vicinity of the proposed school site as professional determined by the district EMF consultant. 3. The school district board of trustees passes a board resolution requesting an exemption to /Title 5/ Section 14010(c) setback requirements pursuant to /Title 5/ Section 14010(u), exemption provisions. The school district resolution certifies that 1) student health and safety are not adversely affected, 2) the district will complete the mitigations contained within the EMF-MP, and 3) no student use of the facility will be permitted until the mitigations have been completed. This resolution may be included as part of a district's California Environmental Quality Act (CEQA) adoption process or as a separate action. 4. When the SFPD receives the board resolution, it will review the EMF mitigations and the documents submitted. If the exemption request meets the exemption protocol, SFPD will approve the /Title 5/ exemption request with the following statement on the SFPD site approval letter: * The (district name) has requested an exemption to the power line setback requirements of /Title 5/ Section 14010(c) based on the information contained in the district letter dated xx/xx/xx. The specific power lines are located at (address). * The district agrees to complete, prior to student occupancy, the EMF mitigation provisions contained in both the board resolution and the EMF Management Plan, prepared by (name of the firm), for this specific site. The district further agrees that students will not occupy the buildings until compliance with these provisions has been completed to the satisfaction of the school district board of trustees. The SFPD EMF setback protocol does not intend to establish numeric standards for any acceptable exposure to EMF levels. Questions: Michael O'Neill | moneill@cde.ca.gov | 916-322-1463