| 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) Beginning July 1, 2028, prohibit the sale of leaf blowers, string trimmers, and weed whackers that do not meet the ANSI B-175.2 class 1 rating; (2) Increase penalties for violations of leaf blower and weed whacker restrictions; and (3) Beginning July 1, 2028, prohibits government entities from purchasing leaf blowers, string trimmers, and weed whackers that do not meet the ANSI B-175.2 class 1 rating. SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows: "§342F-30.8 Leaf blowers; string trimmers; weed whackers; restrictions[.] on operation; prohibition on sale. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower or weed whacker 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 7:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 7:00 p.m. on Sunday or any state or federal holiday; provided that government entities, and agents acting on behalf of government entities, may use weed whackers during the prohibited hours in the case of an emergency as defined in section 127A-2. (b) Beginning July 1, 2028, it shall be unlawful for any person to sell a leaf blower, string trimmer, or weed whacker that does not meet the ANSI B-175.2 class 1 rating. [(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. [(c)] (d) Government entities, and agents acting on behalf of government entities, shall not be subject to [this section] subsection (a) as it applies to leaf blowers. Beginning July 1, 2028, government entities shall not purchase a leaf blower, string trimmer, or weed whacker that does not meet the ANSI B-175.2 class 1 rating. [(d)] (e) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers or weed whackers 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 or weed whackers, the more restrictive requirements shall apply. [(e)] (f) 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 a flexible monofilament line to cut grass, small weeds, and groundcover. "Weed whacker" means a gasoline or electric powered yard tool that uses either a flexible monofilament line (also known as a string trimmer or line trimmer) or revolving metal cutting blade intended to cut or trim grass and other vegetation." 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. 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, 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 and weed whacker restrictions; (2) Repeal the exemption of government agencies from leaf blower and weed whacker restrictions; and (3) Beginning July 1, 2028, prohibit the sale of leaf blowers, string trimmers, and weed whackers 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 trimmers; weed whackers; 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 as it applies to leaf blowers.] Beginning July 1, 2028, it shall be unlawful for any person to sell a leaf blower, string trimmer, or weed whacker 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 a flexible monofilament line to cut grass, small weeds, and groundcover. "Weed whacker" means a gasoline or electric powered yard tool that uses either a flexible monofilament line (also known as a string trimmer or line trimmer) or revolving metal cutting blade intended to cut or trim grass and other vegetation." 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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