THE SENATE	S.B. NO.	969
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NOISE POLLUTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342F-   Helicopters; public nuisance; noise pollution; private right of action; exceptions. (a) Any helicopter that generates a sound level of more than       decibels for bass sound, measured using the dBC weighting system, from a complainant's site at ground level, shall constitute a public nuisance and a source of noise pollution in violation of this chapter.

(b) The department may accept decibel readings gathered by complainants as evidence of a violation of this chapter.

(c) Any owner or operator of a helicopter in violation of this section shall be subject to a fine of not less than $           for the first offense and not less than $           for each subsequent offense.

(d) Any person who is aggrieved by a violation of this section shall have a private right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover       times the person's actual damages or $            for each violation, whichever sum is greater. A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees.

(e) This section shall not apply to:

(1) Any helicopter:

(A) Owned or operated by a government agency or organization; or

(B) Used to supply emergency services such as emergency aeromedical services or search and rescue services; and

(2) Decibel readings taken at any ground-level site located within a      -mile radius of an airport."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action; Exceptions

Description:

Establishes 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. Establishes fines and a private right of action for individuals to sue helicopter owners and operators for committing a public nuisance. Establishes exceptions.

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