STAND. COM. REP. NO.  1232

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 605

      S.D. 1

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred S.B. No. 605, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NOISE,"

beg leave to report as follows:

     The purpose of this bill is to more effectively regulate noise pollution by:

     (1)  Requiring the Department of Health (DOH) to add the dBC decibel weighting system to the current dBA decibel weighting system;

     (2)  Setting the permissible maximum nighttime sound level at 50 or 60 decibels depending upon zoning, and delegating authority to DOH and county liquor commissions to enforce these limits; and

     (3)  Directs DOH, the Department of Labor and Industrial Relations, and county liquor commissions to develop recommendations for a permanent maximum sound level measured in decibels for licensed liquor establishments.

     The Department of Public Safety, Downtown Neighborhood Bard No. 13, Chinatown Gateway Plaza Tenant Association, and several concerned individuals supported this bill.  DOH opposed this measure.  The Hawaii Farm Bureau Federation and Mililani Town Association provided comments.

     Your Committees have amended this bill by:

     (1)  Specifying that if the complainant's site is within a mixed-use or residentially zoned area, the maximum permissible nighttime sound shall be 50 decibels; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 605, S.D. 1, H.D. 1, as amended herein, and recommend that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 605, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ JON RIKI KARAMATSU, Chair

____________________________ ROBERT N. HERKES, Chair