STAND. COM. REP. NO. 433

Honolulu, Hawaii

RE: S.B. No. 969

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 969 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish that noise generated by helicopters in excess of a certain decibel level constitutes a public nuisance and a source of noise pollution in violation of the State's noise pollution law;

(2) Establish fines and a private right of action for individuals to sue helicopter owners and operators for committing a public nuisance; and

(3) Establish exceptions.

Your Committee received testimony in support of this measure from the Department of Transportation, one member of Hawaii's congressional delegation, and four individuals. Your Committee received testimony in opposition to this measure from Jack Harter Helicopters, Helicopter Association International, and AOPA. Your Committee received comments on this measure from the Department of Health, Department of the Attorney General, and one individual.

Your Committee finds that the volume and extent of tour helicopters and small aircraft operating in the State have rapidly increased in the past decade. This increase in helicopter and small aircraft tours have also increased disruptions through noise and vibrations, affecting residential, business, and industrial communities; state and national parks; cemeteries and areas of solemnity; and areas of critical infrastructure. This measure establishes that helicopter noise in excess of a certain decibel level is a public nuisance.

Your Committee notes the testimony of the Department of the Attorney General, which raises concerns that this measure could be federally preempted by the Federal Aviation Act. Your Committee requests that your Committee on Judiciary, should it choose to deliberate on this measure, further examine this issue and concerns raised by the Department of the Attorney General on this measure.

Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 969, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 969, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,

________________________________

CHRIS LEE, Chair