STAND.
COM. REP. NO. 265
Honolulu, Hawaii
, 2023
RE: H.B. No. 1302
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Health & Homelessness, to which was referred H.B. No. 1302 entitled:
"A BILL FOR AN ACT RELATING TO NOISE POLLUTION,"
begs leave to report as follows:
The
purpose of this measure is to:
(1) Beginning July 1, 2025, prohibit, with certain exceptions, the emission of excessive amplified noise during nighttime hours on public sidewalks within thirty feet of a hotel, single- or two-family detached dwelling, or multi-family dwelling in areas zoned as mixed-use or residential, without obtaining prior written approval from the Director of Health; and
(2) Establish a two-year pilot program to require the Department of Health to implement the excessive amplified noise control law in the Waikiki Special District and report to the Legislature on whether the pilot program should be continued, modified, expanded to areas outside of the Waikiki Special District, or terminated; and the feasibility of statewide implementation of the excessive amplified noise control regulation on July 1, 2025.
Your Committee finds that noise control is a serious issue for residents and
businesses in the State's urban areas.
Your Committee also finds that quality of life can be enhanced through
improved monitoring and enforcement of applicable noise regulations; however,
enforcement of noise controls has been challenging for various reasons. This measure intends to improve the
regulation and enforcement of the State's noise pollution laws through improved
enforcement and resources, which will in turn improve the quality of life for
residents and businesses.
Your Committee respectfully requests
your Committee on Judiciary & Hawaii Affairs, should it deliberate on this
measure, to consider whether the prohibition of the emission of
excessive amplified noise during nighttime hours, as proposed by this measure, would
be more appropriate if classified as disorderly conduct under Section 711-1101,
Hawaii Revised Statutes, of the Hawaii Penal Code.
Your
Committee has amended this measure by:
(1) Moving language out of chapter 342F, Hawaii Revised Statutes, that would have prohibited, beginning July 1, 2025, excessive amplified noise during the nighttime on certain public sidewalks, and placing the language into the Waikiki Excessive Amplified Noise Control Pilot Program within the Department of Health, and clarifying that the prohibition is limited to the Waikiki Special District for the duration of the pilot program;
(2) Changing the effective date to June 30, 3000,
to encourage further discussion; and
(3) Making technical, nonsubstantive amendments
for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Health & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1302, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1302, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Health & Homelessness,
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____________________________ DELLA AU BELATTI, Chair |
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