REPORT TITLE:
Noise

DESCRIPTION:
Clarifies jurisdiction regarding noise control.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        798
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO NOISE.



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

 1      SECTION 1.  Noise control at the convention center has been
 
 2 a long-standing issue of community concern.  Three statutes - the
 
 3 department of health's noise pollution law, the convention
 
 4 center's general grant of authority, and the statute setting
 
 5 forth county powers -- conflict on the issue of which takes
 
 6 precedence. The purpose of this Act is to clarify that the
 
 7 department of health retains its existing jurisdiction on noise
 
 8 issues in regard to the convention center, and to set forth
 
 9 conditions under which the counties can regulate noise issues.
 
10      SECTION 2.  Section 46-17, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "46-17  Regulation of certain public nuisances.  Any
 
13 provision of law to the contrary notwithstanding, the council of
 
14 any county may adopt and provide for the enforcement of
 
15 ordinances regulating or prohibiting noise, smoke, dust,
 
16 vibration, or odors which constitute a public nuisance.  No such
 
17 ordinance shall be held invalid on the ground that it covers any
 
18 subject or matter embraced within any statute or rule of the
 
19 State; provided that [in]:
 

 
Page 2                                                     798
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1      (1)  In any case of conflict between [the] a statute or rule
 
 2           and an ordinance, the law [which affords] affording the
 
 3           most protection to the public shall apply; [provided
 
 4           further that such]
 
 5      (2)  An ordinance shall not be effective to the extent that
 
 6           it is inconsistent with any permit for agricultural
 
 7           burning granted by the [state] department of health
 
 8           under authority of chapter 342B, or to the extent that
 
 9           it prohibits, subjects to fine or injunction, or
 
10           declares to be a public nuisance any agricultural
 
11           burning [which is] conducted in accordance with such a
 
12           permit[.]; and
 
13     (3)  An ordinance shall not be effective to the extent that
 
14          it is inconsistent with any noise permit granted by the
 
15          department of health under authority of chapter 206X or
 
16          342F, or to the extent that it prohibits, subjects to
 
17          fine or injunction, or declares to be a public nuisance
 
18          any construction, stationary noise source, or
 
19          agricultural, industrial, or commercial activity, or
 
20          entertainment or public event conducted in accordance
 
21          with such a permit, unless the ordinance provides for
 
22          greater protection of the public in regard to noise
 
23          control.  In that event, the ordinance shall prevail."
 

 
Page 3                                                     798
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1     SECTION 3.  Section 206X-6, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3     "206X-6 Convention center district rules.  (a)  The
 
 4 authority shall establish rules for the development within the
 
 5 convention center district under chapter 91 on health, safety,
 
 6 building, planning, zoning, land use, land development, and flood
 
 7 plain management, including mitigation and permitting, which,
 
 8 upon final approval by the authority of a convention center
 
 9 development plan, shall supersede all other inconsistent
 
10 ordinances and rules relating to health, safety, building,
 
11 planning, zoning, land use, land development, and flood plain
 
12 management, including mitigation and permitting, and provision of
 
13 access and utilities thereto[.]; provided that:
 
14     (1)  Noise control shall be regulated only by the department
 
15          of health; and
 
16     (2)  Any conflict between this section and state or county
 
17          law in relation to noise shall be resolved as provided
 
18          in section 46-17(3).
 
19     (b)  The convention center development plan approved by the
 
20 authority shall be made a part of, and shall have the same force
 
21 and effect as, the rules [aforesaid.] in subsection (a).  Rules
 
22 adopted under this section shall follow existing law, rules,
 
23 ordinances, and regulations as closely as is consistent with
 

 
Page 4                                                     798
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 standards meeting minimum requirements of good design, pleasant
 
 2 amenities, health, safety, and coordinated development, and
 
 3 accomplishment of the purposes of this chapter.
 
 4     (c)  For purposes of chapters 501, 502, and 514A, the
 
 5 authority may certify maps and plans of lands and real property
 
 6 interests within the convention center district as having
 
 7 complied with applicable laws and ordinances relating to
 
 8 consolidation, subdivision of lands, and condominium property
 
 9 regimes, and [such] the maps and plans shall be accepted for
 
10 registration or recordation by the land court and registrar."
 
11     SECTION 4.  Section 342F-20, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13     "[[]342F-20[]]  Effect of laws, ordinances, and rules.  [(a)
 
14 All laws, ordinances, and rules inconsistent with this chapter
 
15 shall be void and of no effect.
 
16     (b)] Any county may adopt ordinances and rules governing any
 
17 matter relating to excessive noise control [which is not governed
 
18 by a rule of the department adopted pursuant to this chapter;
 
19 provided that any county ordinance or rule relating to excessive
 
20 noise control shall be void and of no effect as to any matter
 
21 regulated by a rule of the department upon the adoption thereof.]
 
22 as provided in section 46-17, and any conflict between state and
 
23 county law shall be resolved as provided in section 46-17(3)."
 

 
Page 5                                                     798
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1     SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3     SECTION 6.  This Act shall take effect upon its approval.