Hawaii 2024 Regular Session

Hawaii Senate Bill SB1418 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1418 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO NOISE POLLUTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1418
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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15	15	S.D. 2
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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 NOISE POLLUTION.
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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 noise control is a serious issue for residents and businesses that must coexist closely in our State's urban areas. The United States Environmental Protection Agency, which regulates certain noise sources, has observed that millions of people nationwide are negatively affected by noise and that studies show a direct link between excessive noise and health issues, such as stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. The legislature 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. The State's noise pollution law prohibits, with certain exceptions, any person from engaging in activity that produces excessive noise without first securing written approval from the director of health. Existing law also requires the department of health to adopt rules for community noise control. However, due to lack of resources, including the number of inspectors to enforce the regulation, the community noise control rules adopted by the department of health only apply to stationary mechanical noise sources and equipment related to agricultural, construction, and industrial activity. Therefore, the department's noise control enforcement activities are primarily focused on noise emitted from these noise sources and equipment. The legislature further finds that in 2021, the Honolulu city council passed a bill to regulate amplified sound from public sidewalks in the Waikiki special district that was subsequently vetoed by the mayor. The legislature notes that during the city council's hearing process, the Honolulu police department and the department of the prosecuting attorney for the city and county raised concerns over the bill, including the lack of sound monitoring devices to enforce the measure. Accordingly, the purpose of this Act is to protect the health and improve the quality of life of residents who must coexist closely in the State's urban areas, by: (1) Establishing that a person's conduct that produces, or causes to be produced, noise exceeding a certain level during the hours between 10:00 p.m. and 6:00 a.m. in any area zoned as residential or mixed-use residential, as unreasonable noise that constitutes the offense of disorderly conduct; and (2) Appropriating funds for enforcement. SECTION 2. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows: "(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night[, the]: (a) The person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; (b) The person's conduct produces, or causes to be produced, noise exceeding eighty dBA as measured with a calibrated sound level meter by a certified individual, at thirty feet from the source of the offending sound during the hours between 10:00 p.m. and 6:00 a.m. in any area zoned as residential or mixed-use residential; or [the failure] (c) The person fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced. The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation." 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to enforce section 711-1101(2)(b), Hawaii Revised Statutes, pursuant to section 2 of this Act, including funding for: (1) The establishment of one full-time equivalent (1.0 FTE) position within the department of health for costs related to provide training to law enforcement officers in all counties in the proper use of decibel meters; and (2) The purchase of decibel meters to be supplied to the counties to assist in their enforcement of the decibel limits. The sums appropriated shall be expended by the department of health for the purposes of this Act. 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 December 31, 2050.
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49	49	SECTION 1. The legislature finds that noise control is a serious issue for residents and businesses that must coexist closely in our State's urban areas. The United States Environmental Protection Agency, which regulates certain noise sources, has observed that millions of people nationwide are negatively affected by noise and that studies show a direct link between excessive noise and health issues, such as stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.
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51	51	The legislature 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. The State's noise pollution law prohibits, with certain exceptions, any person from engaging in activity that produces excessive noise without first securing written approval from the director of health. Existing law also requires the department of health to adopt rules for community noise control. However, due to lack of resources, including the number of inspectors to enforce the regulation, the community noise control rules adopted by the department of health only apply to stationary mechanical noise sources and equipment related to agricultural, construction, and industrial activity. Therefore, the department's noise control enforcement activities are primarily focused on noise emitted from these noise sources and equipment.
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53	53	The legislature further finds that in 2021, the Honolulu city council passed a bill to regulate amplified sound from public sidewalks in the Waikiki special district that was subsequently vetoed by the mayor. The legislature notes that during the city council's hearing process, the Honolulu police department and the department of the prosecuting attorney for the city and county raised concerns over the bill, including the lack of sound monitoring devices to enforce the measure.
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55	55	Accordingly, the purpose of this Act is to protect the health and improve the quality of life of residents who must coexist closely in the State's urban areas, by:
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57	57	(1) Establishing that a person's conduct that produces, or causes to be produced, noise exceeding a certain level during the hours between 10:00 p.m. and 6:00 a.m. in any area zoned as residential or mixed-use residential, as unreasonable noise that constitutes the offense of disorderly conduct; and
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59	59	(2) Appropriating funds for enforcement.
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61	61	SECTION 2. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
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63	63	"(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night[, the]:
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65	65	(a) The person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation;
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67	67	(b) The person's conduct produces, or causes to be produced, noise exceeding eighty dBA as measured with a calibrated sound level meter by a certified individual, at thirty feet from the source of the offending sound during the hours between 10:00 p.m. and 6:00 a.m. in any area zoned as residential or mixed-use residential; or [the failure]
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69	69	(c) The person fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.
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71	71	The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation."
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73	73	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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to enforce section 711-1101(2)(b), Hawaii Revised Statutes, pursuant to section 2 of this Act, including funding for:
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75	75	(1) The establishment of one full-time equivalent (1.0 FTE) position within the department of health for costs related to provide training to law enforcement officers in all counties in the proper use of decibel meters; and
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77	77	(2) The purchase of decibel meters to be supplied to the counties to assist in their enforcement of the decibel limits.
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79	79	The sums appropriated shall be expended by the department of health for the purposes of this Act.
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81	81	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.
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83	83	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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85	85	SECTION 6. This Act shall take effect on December 31, 2050.
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87	87	Report Title: Excessive Noise Control; Mixed-Use or Residential Areas; Counties; Department of Health; Appropriation Description: Establishes a person's conduct that produces, or causes to be produced, noise exceeding a certain decibel level during night time hours in any area zoned as residential or mixed-use residential as unreasonable noise that constitutes the offense of disorderly conduct. Appropriates funds for enforcement. Effective 12/31/2050. (SD2) 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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95	95	Excessive Noise Control; Mixed-Use or Residential Areas; Counties; Department of Health; Appropriation
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99	99	Description:
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101	101	Establishes a person's conduct that produces, or causes to be produced, noise exceeding a certain decibel level during night time hours in any area zoned as residential or mixed-use residential as unreasonable noise that constitutes the offense of disorderly conduct. Appropriates funds for enforcement. Effective 12/31/2050. (SD2)
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109	109	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.