Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 798
                                        S.D. 2

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


     Your Committee on Ways and Means, to which was referred S.B.
No. 798, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to clarify jurisdiction over
noise control, particularly as it relates to the convention

     Your Committee finds that current law poses conflicts in
jurisdiction over noise control.  Section 206X-6 gives
jurisdiction over noise control as it relates to the convention
center to the Convention Center Authority.  Section 342F-20 gives
jurisdiction to the state Department of Health if the department
has adopted a rule concerning it.  Section 46-17 gives
jurisdiction over noise to whichever entity has the strongest
public protection.

     The bill would establish a new standard for noise control in
section 46-17 in which a county ordinance would have to yield
jurisdiction to a noise permit issued by the Department of
Health, unless the ordinance provides greater protection for the
public.  Sections 206X-6 and 342F-20 are amended to refer to the
same standard, so all entities will be operating under a common
and consistent standard.

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                                   STAND. COM. REP. NO. 728
                                   Page 2

     Your Committee has amended the bill by:

     (1)  Specifying that the references are to section 46-17(3);

     (2)  Providing that the ordinance shall supersede the permit
          if it provides greater protection to the public.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee is in accord with the intent and purpose of S.B.
No. 798, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 798,
S.D. 2.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,

                                 CAROL FUKUNAGA, Co-Chair

                                 ANDREW LEVIN, Co-Chair

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