STAND. COM. REP. NO. 758

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 737
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 737, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO NOISE,"

begs leave to report as follows:

     The purpose of this measure is to exempt small construction
projects from the permit requirements of the noise pollution law.

     Testimony in support of this measure was received from the
Department of Health (DOH), Hidano Construction, Inc., Jas. W.
Glover, Ltd., Building Industry Association of Hawaii, Master
Sheet Metal, Inc., and General Contractors Association of Hawaii.
Testimony in opposition was received from Hawaii's Thousand
Friends.

     Your Committee notes that noise generated by smaller
construction projects may be equally disturbing and result in
adverse impacts on residential communities.  As such, regulatory
mechanisms are required in order that public complaints and
concerns may receive appropriate response and attention.  This
measure requires the person responsible for a noise permit
exempted construction project to notify the DOH in writing of the
project.  The notice must include specified information that
would allow the DOH to monitor the construction to assure that
surrounding neighbors will not be unduly bothered by the noise.

     Your Committee finds that this measure provides regulatory
relief to companies building smaller construction projects.  Your

 
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                                   STAND. COM. REP. NO. 758
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Committee also recognizes that there needs to be a mechanism in
place to provide notification to DOH of these projects so that
DOH can expeditiously deal with complaints and concerns of the
public.

     Your Committee has amended this measure by:

     (1)  Including Sundays and holidays to the time periods in
          which the exemption does not apply;

     (2)  Prohibiting exemptions for construction projects
          exceeding seventy-eight decibels, regardless of the
          time; 

     (3)  Adding a penalty provision; and

     (4)  Redesignating subsections to accommodate the penalty
          provision.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 737, S.D. 1, as amended herein, and recommends that
it pass Third Reading in the form attached hereto as S.B.
No. 737, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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