Hawaii 2022 Regular Session

Hawaii House Bill HB1853 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1853 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to leaf blowers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1853
4	4	THIRTY-FIRST LEGISLATURE, 2022
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1853
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to leaf blowers.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that dozens of cities and towns in the United States, the District of Columbia, and the State of California have banned gasoline-powered leaf blowers due to their adverse environmental and health impacts. The exhaust and sound emissions from gasoline-powered leaf blowers are of great public health concern for the State. According to the California Air Resources Board, use of a commercial gasoline-powered leaf blower for one hour will emit as much smog-forming pollution as a 2016 Toyota Camry being driven 1,100 miles, and more than three times as much as a commercial gasoline-powered lawn mower. Noise-wise, gasoline-powered leaf blowers operate at ninety decibels which can cause hearing damage after two hours of exposure, according to the United States Centers for Disease Control and Prevention, a particularly troubling fact for landscape workers. The legislature further finds that there are viable alternatives to gasoline-powered leaf blowers such as battery-powered leaf blowers. Accordingly, the purpose of this Act is to ban the sale and use of gasoline-powered leaf blowers. SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: "[[]§342F-30.8[]] Leaf blowers; restrictions[.] and prohibition. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a non-gasoline-powered leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or any state or federal holiday. (b) It shall be unlawful for any person to sell, offer for sale, or operate a gasoline-powered leaf blower at any time. [(b)] (c) Violators shall be fined [$50] $100 for the first violation, [$100] $250 for the second violation, [$200 for the third violation,] and $500 for each subsequent violation[.]; provided that the third violation of use of a gasoline-powered leaf blower shall also result in the forfeiture of the leaf blower. [(c) Government entities, and agents acting on behalf of government entities, shall not be subject to this section.] (d) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers than are in this section. In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers, the more restrictive requirements shall apply. (e) For the purposes of this section: "Gasoline-powered leaf blower" means any leaf blower that is powered by a two-stroke internal combustion engine. "Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces. "State holiday" means any day established as a state holiday in section 8-1." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on January 1, 2024. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that dozens of cities and towns in the United States, the District of Columbia, and the State of California have banned gasoline-powered leaf blowers due to their adverse environmental and health impacts. The exhaust and sound emissions from gasoline-powered leaf blowers are of great public health concern for the State. According to the California Air Resources Board, use of a commercial gasoline-powered leaf blower for one hour will emit as much smog-forming pollution as a 2016 Toyota Camry being driven 1,100 miles, and more than three times as much as a commercial gasoline-powered lawn mower. Noise-wise, gasoline-powered leaf blowers operate at ninety decibels which can cause hearing damage after two hours of exposure, according to the United States Centers for Disease Control and Prevention, a particularly troubling fact for landscape workers.
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51	51	The legislature further finds that there are viable alternatives to gasoline-powered leaf blowers such as battery-powered leaf blowers.
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53	53	Accordingly, the purpose of this Act is to ban the sale and use of gasoline-powered leaf blowers.
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55	55	SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows:
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57	57	"[[]§342F-30.8[]] Leaf blowers; restrictions[.] and prohibition. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a non-gasoline-powered leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or any state or federal holiday.
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59	59	(b) It shall be unlawful for any person to sell, offer for sale, or operate a gasoline-powered leaf blower at any time.
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61	61	[(b)] (c) Violators shall be fined [$50] $100 for the first violation, [$100] $250 for the second violation, [$200 for the third violation,] and $500 for each subsequent violation[.]; provided that the third violation of use of a gasoline-powered leaf blower shall also result in the forfeiture of the leaf blower.
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63	63	[(c) Government entities, and agents acting on behalf of government entities, shall not be subject to this section.]
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65	65	(d) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers than are in this section. In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers, the more restrictive requirements shall apply.
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67	67	(e) For the purposes of this section:
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69	69	"Gasoline-powered leaf blower" means any leaf blower that is powered by a two-stroke internal combustion engine.
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71	71	"Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces.
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73	73	"State holiday" means any day established as a state holiday in section 8-1."
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75	75	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 4. This Act shall take effect on January 1, 2024.
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81	81	INTRODUCED BY: _____________________________
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83	83	INTRODUCED BY:
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85	85	_____________________________
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91	91	Report Title: Gasoline-Powered Leaf Blowers; Prohibition; Fines; Government Agency Exemption; Repeal Description: Prohibits the sale, offer for sale, or operation of gasoline-powered leaf blowers. Increases the amounts of fines for offenses against leaf blower restrictions and provides for the forfeiture of gasoline-powered leaf blowers on a third violation. Removes the exemption on leaf blower restrictions for government agencies. Takes effect 1/1/2024. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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97	97	Report Title:
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99	99	Gasoline-Powered Leaf Blowers; Prohibition; Fines; Government Agency Exemption; Repeal
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103	103	Description:
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105	105	Prohibits the sale, offer for sale, or operation of gasoline-powered leaf blowers. Increases the amounts of fines for offenses against leaf blower restrictions and provides for the forfeiture of gasoline-powered leaf blowers on a third violation. Removes the exemption on leaf blower restrictions for government agencies. Takes effect 1/1/2024.
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113	113	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.