REPORT TITLE:
Noise


DESCRIPTION:
Clarifies jurisdiction regarding noise control. (SB798 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        798
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO NOISE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1     SECTION 1.  The purpose of this Act is to set forth
 
 2 conditions under which the counties can regulate noise issues and
 
 3 to clarify that the department of health has jurisdiction over
 
 4 noise issues regarding the convention center.
 
 5     SECTION 2.  Section 46-17, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7     "§46-17  Regulation of certain public nuisances.  Any
 
 8 provision of law to the contrary notwithstanding, the council of
 
 9 any county may adopt and provide for the enforcement of
 
10 ordinances regulating or prohibiting noise, smoke, dust,
 
11 vibration, or odors which constitute a public nuisance.  No such
 
12 ordinance shall be held invalid on the ground that it covers any
 
13 subject or matter embraced within any statute or rule of the
 
14 State; provided that [in]:
 
15     (1)  In any case of conflict between [the] a statute or rule
 
16          and an ordinance, the law [which affords] affording the
 
17          most protection to the public shall apply; [provided
 
18          further that such]
 
19     (2)  An ordinance shall not be effective to the extent that
 
20          it is inconsistent with any permit for agricultural
 

 
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 1          burning granted by the [state] department of health
 
 2          under authority of chapter 342B, or to the extent that
 
 3          it prohibits, subjects to fine or injunction, or
 
 4          declares to be a public nuisance any agricultural
 
 5          burning [which is] conducted in accordance with such a
 
 6          permit[.]; and
 
 7     (3)  An ordinance shall not be effective to the extent that
 
 8          it is inconsistent with any noise rule adopted by the
 
 9          department of health under authority of chapter 342F."
 
10     SECTION 3.  Section 342F-20, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12     "[[]§342F-20[]]  Effect of laws, ordinances, and rules.  [(a)
 
13 All laws, ordinances, and rules inconsistent with this chapter
 
14 shall be void and of no effect.
 
15     (b)]  Any county may adopt ordinances and rules governing any
 
16 matter relating to excessive noise control [which is not governed
 
17 by a rule of the department adopted pursuant to this chapter;
 
18 provided that any county ordinance or rule relating to excessive
 
19 noise control shall be void and of no effect as to any matter
 
20 regulated by a rule of the department upon the adoption thereof.]
 
21 as provided in section 46-17, and any conflict between state and
 
22 county law shall be resolved as provided in section 46-17."
 
23     SECTION 4.  Section 206X-6, Hawaii Revised Statues, is
 

 
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 1 amended to read as follows:
 
 2      "§206X-6 Convention center district rules.  (a) The
 
 3 authority shall establish rules for the development within the
 
 4 convention center district under chapter 91 on health, safety,
 
 5 building, planning, zoning, land use, land development, and flood
 
 6 plain management, including mitigation and permitting, which,
 
 7 upon final approval by the authority of a convention center
 
 8 development plan, shall supersede all other inconsistent
 
 9 ordinances and rules relating to health, safety, building,
 
10 planning, zoning, land use, land development, and flood plain
 
11 management, including mitigation and permitting, and provision of
 
12 access and utilities thereto[.]; provided that the regulation of
 
13 noise which may constitute a public nuisance shall be regulated
 
14 by the department of health.
 
15      (b) The convention center development plan approved by the
 
16 authority shall be made a part of, and shall have the same force
 
17 and effect as, the rules aforesaid.  Rules adopted under this
 
18 section shall follow existing law, rules, ordinances, and
 
19 regulations as closely as is consistent with standards meeting
 
20 minimum requirements of good design, pleasant amenities, health,
 
21 safety, and coordinated development, and accomplishment of the
 
22 purposes of this chapter.
 
23      (c) For purposes of chapters 501, 502, and 514A, the
 

 
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 1 authority may certify maps and plans of lands and real property
 
 2 interests within the convention center district as having
 
 3 complied with applicable laws and ordinances relating to
 
 4 consolidation, subdivision of lands, and condominium property
 
 5 regimes, and such maps and plans shall be accepted for
 
 6 registration or recordation by the land court and registrar."
 
 7     SECTION 5.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9     SECTION 6.  This Act shall take effect upon its approval.