STAND. COM. REP. NO. 501

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 466

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 466, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO POLLUTION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to make it unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 A.M. and 8:00 P.M. on any day except Sunday or a federal holiday, and between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a federal holiday, under certain specified conditions of operation.

 

     This measure also prohibits:

 

     (1)  Any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne, dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained; and

 

     (2)  Any person to use or operate a leaf blower within the State in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes.

 

     Your Committee finds that use of leaf blowers poses health and noise pollution concerns for Hawaii citizens, particularly in urban areas.  This measure addresses some of these concerns by placing certain restrictions on the use of leaf blowers.

 

     Your Committee has amended this measure by changing the effective date to July 1, 2050 to continue the discussions, and making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 466, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 466, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair