STAND. COM. REP. NO. 1287

Honolulu, Hawaii

, 2023

RE: S.B. No. 1418

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Health & Homelessness, to which was referred S.B. No. 1418, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO NOISE POLLUTION,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Expand the standards for determining if a noise is unreasonable for the purposes of the offense of disorderly conduct to include conduct that produces, or causes to be produced, noise exceeding a certain decibel level between the hours of 10:00 p.m. and 6:00 a.m. in an area zoned as residential or mixed-use residential; and

(2) Appropriate funds to the Department of Health for enforcement activities.

Your Committee received testimony in support of this measure from the Department of Health, Waikiki Neighborhood Board No. 9, Citizens Against Noise, Free Access Coalition, and seven individuals. Your Committee received testimony in opposition to this measure from the Honolulu Police Department, UNITE HERE Local 5, and one individual. Your Committee received comments on this measure from three individuals.

Your Committee finds that excessive noise pollution poses serious public health concerns. Studies show a direct link between excessive noise and health issues, such as stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. Your Committee further finds that there are many challenges to adequately enforcing the State's current noise regulations, including a lack of adequate staff and a lack of sound monitoring devices. This measure is intended to improve the health and well-being of the State's residents by regulating excessive noise in residential areas of the State.

Your Committee has amended this measure by:

(1) Changing the noise restriction time period to the hours between 9:00 p.m. and 6:00 a.m.;

(2) Changing the effective date to December 31, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1418, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1418, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health & Homelessness,

____________________________

DELLA AU BELATTI, Chair