STAND. COM. REP. NO. 1341

                                 Honolulu, Hawaii
                                                   , 1999

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




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Energy and Environmental Protection, to
which was referred S.B. No. 798, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO NOISE,"

begs leave to report as follows:

     The purpose of this bill is to clarify state and county
jurisdiction over noise control, particularly at the Hawaii
Convention Center by:

     (1)  Requiring the Department of Health (DOH) to regulate
          noise control at the Convention Center; and

     (2)  Allowing a county ordinance to prevail over a state
          noise permit if the ordinance provides greater
          protection to the public with regard to noise.

     The DOH testified in support of this measure and offered
amendments.  The Yacht Harbor Towers Board of Directors and an
individual testified in support of this measure.  The Hawaii
Agriculture Research Center and Hawaiian Electric Company and its
subsidiary utilities, Maui Electric Company and Hawaii Electric
Light Company, opposed passage of this bill. The Convention
Center Authority offered comments and suggested amendments.

     Your Committee has amended this bill by deleting the
substance, and inserting, therefor, the substance of H.B. No.
798, H.D. 2, a companion to this measure, which does not allow a

 
 
                                 STAND. COM. REP. NO. 1341
                                 Page 2

 
county ordinance to supersede a state noise permit.  Your
Committee notes that H.B. No. 798 passed out of the House of
Representatives earlier this session after public hearings before
the House Committees on Energy and Environmental Protection and
Judiciary and Hawaiian Affairs.

     As affirmed by the record of votes of the members of your
Committee on Energy and Environmental Protection that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 798, S.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 798, S.D. 2, H.D. 1, and be referred to the
Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Energy and
                                   Environmental Protection,



                                   ______________________________
                                   HERMINA M. MORITA, Chair