STAND. COM. REP. 97
Honolulu, Hawaii
, 2003
RE: H.B. No. 1371
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 1371 entitled:
"A BILL FOR AN ACT RELATING TO NOISE,"
begs leave to report as follows:
The purpose of this bill is to eliminate excessive noise by:
(1) Prohibiting the sale and distribution of leaf blowers in this State whose sound levels have not been tested under the standards of the American National Standards Institute (ANSI) and lowered to levels determined acceptable by the Director of Health;
(2) Prohibiting a person from using a leaf blower within a one hundred yard radius of any residence if the sound level of the leaf blower has not been tested and determined acceptable;
(3) Allowing a person who possesses a leaf blower that does not comply with these requirements to trade the leaf blower in for one that is in compliance through a buy-back program established by the Department of Health (DOH);
(4) Making it a disorderly conduct offense if a person produces noise from a motorized apparatus whose noise level exceeds one hundred twenty decibels;
(5) Establishing a fine of $50 for disorderly conduct involving the use of a motorized apparatus; and
(6) Appropriating funds to establish a buy-back program for noncompliant models of leaf blowers.
The representative of the 23rd District and a City Council member testified in support of this measure. DOH commented on this bill. An individual testified in opposition to this measure.
Your Committee finds that this measure will help to abate adverse noise levels within residential communities. However, some members of your Committee have expressed concerns that under certain circumstances urban resolutions to a problem may have unintended effects on rural areas. Your Committee requests that your Committee on Judiciary be cognizant of such inadvertent impacts.
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 H.B. No. 1371 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,
____________________________ HERMINA M. MORITA, Chair |
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