| 47 | | - | SECTION 1. The legislature finds that noise pollution is a prevalent and increasing problem in the State. Exposure to excessively loud and unabated noises can result in physiological, psychological, and economic damage. There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas. The legislature further finds that excessively loud vehicles, such as motor vehicles with after-market modifications to engine or exhaust systems, are a significant source of noise pollution in the State, impair the peace and tranquility that is part of the beauty of the Hawaiian islands, and constitute a public nuisance. Citizens of Hawaii are entitled to a healthy and peaceful environment. They have the right to be free from noise pollution that may be hazardous to their health or welfare. Efforts to protect this right have been codified under chapter 342F, Hawaii Revised Statues, and administrative rules. In addition, section 46-17, Hawaii Revised Statutes, authorizes any county to adopt ordinances regulating noise, among other things. The legislature finds, however, that existing regulatory measures are not effectively enforced and do not adequately address noise pollution emitted by excessively loud vehicles. Accordingly, the purpose of this Act is: (1) Require the department of health to adopt rules for the control, prevention, and abatement of noise pollution emitted by excessively loud vehicles in the State; and (2) Prohibit the operation or sale of vehicles that emit excessive noise. SECTION 2. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§342F- Noise control; excessively loud vehicles. (a) By June 30, 2023, the department shall adopt rules in accordance with chapter 91 that shall use the dBC and dBA sound level measurement systems for the control, prevention, and abatement of noise pollution emitted by vehicles in the State. (b) It shall be unlawful for any: (1) Person to operate a vehicle that emits a noise in excess of the decibel limitations adopted pursuant to this section; (2) Owner of a vehicle to allow a vehicle to emit noise in excess of the decibel limitations adopted pursuant to this section; and (3) Person to sell or offer for sale a vehicle that emits noise in excess of the decibel limitations adopted pursuant to this section. (c) Any county may adopt a rule or ordinance that places stricter limitations on noise pollution emitted by vehicles than are established by rule pursuant to this section. In case of a conflict between the limitations of this section and any county rule or ordinance regarding noise pollution emitted by vehicles, the more restrictive requirement shall apply." SECTION 3. Section 342F-31, Hawaii Revised Statutes, is amended to read as follows: "[[]§342F-31[]] Rules; specific. The director may establish by rule[: (1) The control of vehicular noise; and (2) Other] other specific areas for control of excessive noise, thereby allowing for varying conditions." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2060. |
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| 47 | + | Section 1. The legislature finds that noise pollution is a prevalent and increasing problem in the State. Exposure to excessively loud and unabated noises can result in physiological, psychological, and economic damage. There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas. The legislature further finds that excessively loud vehicles, such as motor vehicles with after-market modifications to engine or exhaust systems, are a significant source of noise pollution in the State. These excessively loud vehicles impair the peace and tranquility that is part of the beauty of the Hawaiian islands and constitute a public nuisance. Citizens of Hawaii are entitled to a healthy and peaceful environment. They have the right to be free from noise pollution that may be hazardous to their health or welfare. Regulatory efforts have been made to protect this right under chapter 342F, Hawaii Revised Statues, and administrative rules adopted thereunder. In addition, section 46-17, Hawaii Revised Statutes, authorizes any county to adopt ordinances regulating noise, among other things. The legislature finds, however, that existing regulatory measures are not effectively enforced and do not adequately address noise pollution emitted by excessively loud vehicles. Accordingly, the purpose of this Act is to direct the department of health to promulgate rules for the control, prevention, and abatement of noise pollution emitted by excessively loud vehicles in the State. SECTION 2. Section 342F-30.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§342F-30.5[]] Noise control. (a) By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. (b) By June 30, 2023, the department shall adopt rules pursuant to chapter 91 for the control, prevention, and abatement of noise pollution emitted by vehicles in the State. These rules shall regulate the emission of noise by the measure of decibels. In addition: (1) No person shall operate a vehicle that emits noise in excess of the decibel limitation or limitations adopted pursuant to this subsection; (2) No owner of a vehicle shall allow a vehicle to emit noise in excess of the decibel limitation or limitations adopted pursuant to this subsection; and (3) No person shall sell or offer for sale a vehicle that emits noise in excess of the decibel limitation or limitations adopted pursuant to this subsection. Any county may adopt a rule or ordinance that places stricter limitations on vehicles than are promulgated by the department pursuant to this subsection. To the extent of a conflict, the more restrictive requirement shall apply. (c) In the event of any conflict between this section and section 46-17, section 46-17 shall govern." SECTION 3. Section 342F-31, Hawaii Revised Statutes, is amended to read as follows: "[[]§342F-31[]] Rules; specific. The director may establish by rule[: (1) The control of vehicular noise; and (2) Other] other specific areas for control of excessive noise, thereby allowing for varying conditions." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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