| 47 | | - | SECTION 1. The legislature finds that excessive noise can be a pollutant that affects public health. Noise can cause hearing loss; interfere with human activities at home, at work, and in schools; and be injurious to people's health and well-being in various ways. Noise can further annoy, awaken, anger, and frustrate individuals. The numerous effects of noise combine to detract from the quality of life for residents of the State and its environment. The sound emissions from leaf blowers and string trimmers are a nuisance and a concern for the State's public health and welfare. Some leaf blowers and string trimmers operate at approximately ninety decibels, which can cause hearing damage after two hours of exposure. According to the United States Centers for Disease Control and Prevention, noise intensity is a particularly troubling issue for landscaping workers. The legislature further finds that there are viable, quieter alternatives to loud leaf blowers and string trimmers. Accordingly, the purpose of this Act is to: (1) Increase penalties for violations of leaf blower restrictions; (2) Repeal the exemption of government agencies from leaf blower restrictions; and (3) Beginning July 1, 2027, prohibit the sale of leaf blowers and string trimmers that are rated by their manufacturers at greater than sixty-five weighted decibels (dBA) when measured at a distance of fifty feet. SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended as follows: 1. By amending its title to read: "[[]§342F-30.8[]] Leaf blowers; string trimmer; restrictions." 2. By amending subsections (b) and (c) to read: "(b) 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. (c) [Government entities, and agents acting on behalf of government entities, shall not be subject to this section.] Beginning July 1, 2027, it shall be unlawful for any person to sell a leaf blower or string trimmer rated by its manufacturer at greater than sixty-five weighted decibels (dBA) when measured at a distance of fifty feet." 3. By amending subsection (e) to read: "(e) For the purposes of this section: "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. "String trimmer" means a garden tool that uses whirling monofilament line to cut grass, small weeds, and groundcover." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that excessive noise can be a pollutant that affects public health. Noise can cause hearing loss; interfere with human activities at home, work, and in schools; and be injurious to people's health and well-being in various ways. Noise can further annoy, awaken, anger, and frustrate individuals. The numerous effects of noise combine to detract from the quality of life for residents of the state and its environment. The sound emissions from leaf blowers and string trimmers are a nuisance and a concern for the State's public health and welfare. Some leaf blowers and string trimmers operate at approximately ninety decibels, which can cause hearing damage after two hours of exposure. According to the United States Centers for Disease Control and Prevention, noise intensity is a particularly troubling issue for landscaping workers. The legislature further finds that there are viable, quieter alternatives to loud leaf blowers and string trimmers. Accordingly, the purpose of this Act is to: (1) Increase penalties for violations of leaf blower restrictions; (2) Repeal the exemption of government agencies from leaf blower restrictions; and (3) Beginning July 1, 2027, prohibit the sale of leaf blowers and string trimmers that are rated by their manufacturers at greater than seventy decibels when measured at a distance of fifty feet. SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended as follows: 1. By amending subsections (b) and (c) to read: "(b) 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. (c) [Government entities, and agents acting on behalf of government entities, shall not be subject to this section.] Beginning July 1, 2027, it shall be unlawful for any person to sell a leaf blower or string trimmer rated by its manufacturer at greater than seventy decibels when measured at a distance of fifty feet." 2. By amending subsection (e) to read: "(e) For the purposes of this section: "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. "String trimmer" means a garden tool that uses whirling monofilament line to cut grass, small weeds, and groundcover." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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