HOUSE OF REPRESENTATIVES	H.C.R. NO.	94
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF HEALTH to EXAMINE ISSUES AND BARRIERS TO ENFORCEMENT TO REDUCE NOISE FROM TWO-STROKE ENGINES, MOPEDS AND SMALL OFF-ROAD ENGINES AND MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING CHANGES TO STATUTES, RULES, AND OTHER GUIDANCE NEEDED TO HELP REDUCE NOISE FROM THESE SOURCES.

WHEREAS, noise pollution is a serious, prevalent and increasing problem affecting quality of life in the state, particularly in urban areas, but also in suburban and rural areas; and

WHEREAS, noise pollution impairs the peace and tranquility that should be part of the beauty of the Hawaiian islands; and

WHEREAS, citizens of Hawaii are entitled to a healthy and peaceful environment and have the right to be free from noise pollution that may be hazardous to their health or welfare; and

WHEREAS, exposure to excessively loud and unabated noises can result in physiological, psychological and economic damage; and

WHEREAS, excessive noise constitutes a public nuisance; and

WHEREAS, efforts to protect this right have been codified under chapter 342F, Hawaii Revised Statues, and in Hawaii administrative rules chapter 11-46; and

WHEREAS, in addition, section 46-17, Hawaii Revised Statutes, authorizes any county to adopt ordinances regulating noise, among other things; and

WHEREAS, existing regulatory measures are not effectively enforced and do not adequately address noise pollution emitted by excessively loud vehicles and small off-road engines such as leaf blowers and other lawn and garden equipment; and

WHEREAS, loud two-stroke engines such as internal combustion engine mopeds are significant contributors that have raised ongoing concerns in communities throughout the State; and

WHEREAS, mopeds and other motor vehicles with after-market modifications to engine or exhaust systems are often many times louder than larger motorcycles that have greater engine displacement and robust exhaust baffles; and

WHEREAS, excessively loud vehicles and small off-road engines such as leaf blowers and other lawn and garden equipment are difficult to regulate because of the mobile and dispersed nature of this equipment; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the Senate concurring, that the department of health should examine issues and barriers to enforcement to reduce noise; and should submit a report to the legislature by December 31, 2022, with recommendations for changes to statutes, rules, and other guidance needed to help reduce noise from these sources, including possibly funding commercial rebates or similar incentive funding to support the transition to quieter operations by zero-emission mopeds and small off-road equipment; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Director of Health, and Director of the City and County of Honolulu's Department of Planning and Permitting.

OFFERED BY:

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Report Title:

Enforcement, Noise Pollution, Small Engines