HOUSE OF REPRESENTATIVES |
H.B. NO. |
1545 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to noise pollution.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The legislature finds that noise pollution is a prevalent and increasing
problem in the State. Exposure to excessively
loud and unabated noises can result in physiological, psychological, and
economic damage. There is a continuous
and increasing bombardment of noise in the urban, suburban, and rural areas.
The legislature further finds that excessively
loud vehicles, such as motor vehicles with after-market modifications to engine
or exhaust systems, are a significant source of noise pollution in the State. These excessively loud vehicles impair the peace
and tranquility that is part of the beauty of the Hawaiian islands and constitute
a public nuisance.
Citizens of Hawaii are entitled to a healthy
and peaceful environment. They have the right
to be free from noise pollution that
may be hazardous to their health or welfare. Regulatory efforts have been made to protect this
right under chapter 342F, Hawaii Revised Statues, and administrative rules adopted
thereunder. In addition, section 46-17, Hawaii
Revised Statutes, authorizes any county to adopt ordinances regulating noise, among
other things. The legislature finds, however,
that existing regulatory measures are not effectively enforced and do not adequately
address noise pollution emitted by excessively loud vehicles.
Accordingly, the purpose of this Act is to direct
the department of health to promulgate rules for the control, prevention, and abatement
of noise pollution emitted by excessively loud vehicles in the State.
SECTION 2. Section 342F-30.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342F-30.5[]] Noise control. (a) By June 30, 1996, the department shall adopt a
state community noise code pursuant to chapter 91, which recognizes differences
in noise level standards in urban and non-urban areas of the State and noise
level standards of each county.
(b) By June 30, 2023, the department shall adopt rules
pursuant to chapter 91
for the control, prevention, and abatement of noise pollution emitted by vehicles in the State. These rules shall regulate the emission of noise
by the measure of decibels. In addition:
(1) No person shall
operate a vehicle that emits noise in excess of the decibel limitation or limitations
adopted pursuant to this subsection;
(2) No owner of a vehicle
shall allow a vehicle to emit noise in excess of the decibel limitation or limitations
adopted pursuant to this subsection; and
(3) No person shall
sell or offer for sale a vehicle that emits noise in excess of the decibel limitation
or limitations adopted pursuant to this subsection.
Any county may adopt a
rule or ordinance that places stricter limitations on vehicles than are promulgated
by the department pursuant to this subsection. To the extent of a conflict, the more restrictive
requirement shall apply.
(c)
In the event of any conflict
between this section and section 46-17, section 46-17 shall govern."
SECTION 3. Section 342F-31, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342F-31[]] Rules; specific. The director may establish by rule[:
(1) The control of
vehicular noise; and
(2) Other] other
specific areas for control of excessive noise, thereby allowing for varying
conditions."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Vehicles; Noise; Pollution; Nuisance
Description:
Directs Department of Health to adopt rules for the control, prevention, and abatement of noise pollution emitted by vehicles in the State. Prohibits the use, ownership, and sale of excessively loud vehicles.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.