| 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. The 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 Statutes, 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 establish a noise pollution task force within the department of health to investigate noise pollution and provide recommendations on how to better regulate excessive noise pollution throughout the State, from both stationary and non-stationary sources. SECTION 2. (a) The department of health shall establish a noise pollution task force to investigate noise pollution and provide recommendations on how to better regulate excessive noise pollution throughout the State, from both stationary and non-stationary sources. The task force shall examine: (1) The extent that noise pollution laws are being violated; (2) Whether the existing laws and regulations controlling noise pollution are sufficient; (3) Whether existing laws and regulations are being properly enforced; (4) Whether there are laws or regulations that are preventing enforcement; and (5) Any other issue the task force considers relevant. (b) The task force shall be chaired by the director of health or the director's designee and shall include: (1) One representative each from the city and county of Honolulu, Hawaii county, Kauai county, and Maui county; (2) One representative each from the police department of the city and county of Honolulu, Hawaii county, Kauai county, and Maui county; (3) One representative from the department of public safety sheriff division; (4) A member of the senate appointed by the president of the senate; and (5) A member of the house of representatives appointed by the speaker of the house of representatives. (c) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2023. (d) The task force shall be dissolved on June 30, 2023. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 to support the noise pollution task force and its related efforts. The sum appropriated shall be expended by the department of health for the purposes of this Act. SECTION 4. This Act shall take effect on July 1, 2022. |
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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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