STAND. COM. REP. NO. 1147

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 798
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Labor and Environment and Health and
Human Services, to which was referred H.B. No. 798, H.D. 2,
entitled: 

     "A BILL FOR AN ACT RELATING TO NOISE,"

beg leave to report as follows:

     The purpose of this measure is to clarify jurisdiction over
noise control with respect to the convention center.

     Specifically, this measure amends laws relating to
regulation of certain public nuisances to provide that any permit
granted by the Department of Health (DOH) prevails over any
county ordinance with respect to the convention center.

     Testimony in support of this measure was received from the
Department of Health, the Convention Center Authority, the Hawaii
Agriculture Research Center, the Waikiki Neighborhood Board, and
Yacht Harbor Towers.  Testimony in opposition to the measure was
received from Hawaiian Electric Company, Neighbors of the Ala
Wai, and a concerned citizen.

     Your Committees find that the issue of jurisdiction over
noise control has come into focus in recent years because of the
conflict between the Convention Center Authority and area
residents regarding noise generated by Convention Center events.
Your Committees strongly believe that steps must be taken to

 
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clarify the jurisdiction issue in order to provide the best
protection for the citizens of the State.

     Your Committees have amended this measure by deleting its
contents and replacing it with the language of S.B. No. 798,
S.D. 2, which:

     (1)  Clarifies that noise permits granted by the Department
          of Health with respect to the noise pollution or
          convention center laws prevail over county ordinances
          unless the ordinance provides greater protection;

     (2)  Clarifies that, with respect to the convention center,
          noise control is regulated only by the Department of
          Health.

     Your Committees have also amended this measure by including
noise-related variances granted by the Department of Health as
prevailing over ordinances.

     As affirmed by the records of votes of the members of your
Committees on Labor and Environment and Health and Human Services
that are attached to this report, your Committees are in accord
with the intent and purpose of H.B. No. 798, H.D. 2, as amended
herein, and recommend that it pass Second Reading in the form
attached hereto as H.B. No. 798, H.D. 2, S.D. 1, and be referred
to the Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Labor and
                                   Environment and Health and
                                   Human Services,



____________________________       ______________________________
SUZANNE CHUN OAKLAND, Chair        BOB NAKATA, Chair

 
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