Hawaii 2024 Regular Session

Hawaii Senate Bill SB969 Compare Versions

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

Old	New	Differences
1	1	THE SENATE S.B. NO. 969 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO NOISE POLLUTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 969
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 1
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	969
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15	S.D. 1
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO NOISE POLLUTION.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§342F- Helicopters; public nuisance; noise pollution; private right of action; exceptions. (a) Any helicopter that generates a sound level of more than decibels for bass sound, measured using the dBC weighting system, from a complainant's site at ground level, shall constitute a public nuisance and a source of noise pollution in violation of this chapter. (b) The department may accept decibel readings gathered by complainants as evidence of a violation of this chapter. (c) Any owner or operator of a helicopter in violation of this section shall be subject to a fine of not less than $ for the first offense and not less than $ for each subsequent offense. (d) Any person who is aggrieved by a violation of this section shall have a private right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover times the person's actual damages or $ for each violation, whichever sum is greater. A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees. (e) This section shall not apply to: (1) Any helicopter: (A) Owned or operated by a government agency or organization; or (B) Used to supply emergency services such as emergency aeromedical services or search and rescue services; and (2) Decibel readings taken at any ground-level site located within a -mile radius of an airport." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2050.
48	48
49	49	SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
50	50
51	51	"§342F- Helicopters; public nuisance; noise pollution; private right of action; exceptions. (a) Any helicopter that generates a sound level of more than decibels for bass sound, measured using the dBC weighting system, from a complainant's site at ground level, shall constitute a public nuisance and a source of noise pollution in violation of this chapter.
52	52
53	53	(b) The department may accept decibel readings gathered by complainants as evidence of a violation of this chapter.
54	54
55	55	(c) Any owner or operator of a helicopter in violation of this section shall be subject to a fine of not less than $ for the first offense and not less than $ for each subsequent offense.
56	56
57	57	(d) Any person who is aggrieved by a violation of this section shall have a private right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover times the person's actual damages or $ for each violation, whichever sum is greater. A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees.
58	58
59	59	(e) This section shall not apply to:
60	60
61	61	(1) Any helicopter:
62	62
63	63	(A) Owned or operated by a government agency or organization; or
64	64
65	65	(B) Used to supply emergency services such as emergency aeromedical services or search and rescue services; and
66	66
67	67	(2) Decibel readings taken at any ground-level site located within a -mile radius of an airport."
68	68
69	69	SECTION 2. New statutory material is underscored.
70	70
71	71	SECTION 3. This Act shall take effect on July 1, 2050.
72	72
73	73	Report Title: Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action; Exceptions Description: Establishes that noise generated by helicopters in excess of a certain decibel level constitutes a public nuisance and a source of noise pollution in violation of the State's noise pollution law. Establishes fines and a private right of action for individuals to sue helicopter owners and operators for committing a public nuisance. Establishes exceptions. Effective 7/1/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
74	74
75	75
76	76
77	77
78	78
79	79	Report Title:
80	80
81	81	Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action; Exceptions
82	82
83	83
84	84
85	85	Description:
86	86
87	87	Establishes that noise generated by helicopters in excess of a certain decibel level constitutes a public nuisance and a source of noise pollution in violation of the State's noise pollution law. Establishes fines and a private right of action for individuals to sue helicopter owners and operators for committing a public nuisance. Establishes exceptions. Effective 7/1/2050. (SD1)
88	88
89	89
90	90
91	91
92	92
93	93
94	94
95	95	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.