STAND. COM. REP. NO. 1489

Honolulu, Hawaii

, 2023

RE: S.B. No. 54

S.D. 1

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 Energy & Environmental Protection, to which was referred S.B. No. 54, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GASOLINE-POWERED LEAF BLOWERS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit the operation of gasoline-powered leaf blowers in any urban land use districts;

(2) Increase the fines for violations of leaf blower restrictions and provide for the forfeiture of gasoline-powered leaf blowers upon a third violation; and

(3) Remove the exemption on leaf blower restrictions for government agencies and their agents.

Your Committee received testimony in support of this measure from the Department of Transportation and fifteen individuals. Your Committee received testimony in opposition to this measure from the Department of the Attorney General, Department of Facility Maintenance and Department of Parks and Recreation of the City and County of Honolulu, Outdoor Power Equipment Institute, Retail Merchants of Hawaii, and two individuals. Your Committee received comments on this measure from the Department of Health and Department of Education.

Your Committee finds that gasoline-powered leaf blowers have harmful impacts on health and the environment, as they produce noise that often interferes with human activities at home, work, and public spaces. Your Committee further finds that there are viable, quieter alternatives to gasoline-powered leaf blowers. This measure promotes these alternatives by restricting the use of gasoline-powered leaf blowers, ensuring a healthy environment for the State's residents.

Your Committee has amended this measure by:

(1) Clarifying the definition of "gasoline-powered leaf blower";

(2) Inserting a savings clause;

(3) Inserting a severability clause;

(4) Changing the effective date to June 30, 3000, to encourage further discussion; and

(5) 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 Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 54, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 54, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair