STAND. COM. REP. NO. 1287
RE: S.B. No. 466
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Fifth State Legislature
Regular Session of 2009
State of Hawaii
Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 466, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO POLLUTION,"
begs leave to report as follows:
The purpose of this bill is to reduce noise pollution and other adverse effects resulting from leaf blower use by:
(1) Restricting the operation of a leaf blower within a residential zone or within one hundred feet of a residential zone to certain time periods, establishing additional specific limitations on leaf blower operations, and establishing penalties for violations; and
(2) Prohibiting the use or operation of a leaf blower in such a manner as to blow debris:
(A) Beyond the boundaries of the parcel of property being cleaned, without the consent of the adjoining property owner; or
(B) Onto 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 operator, and to allow the debris to remain there in excess of thirty minutes.
Several concerned individuals supported this bill. Several concerned individuals supported the intent of this bill. The Department of Health opposed this measure. Citizens for a Quieter Sacramento and several concerned individuals submitted comments.
Your Committee respectfully requests the Committee on Judiciary to examine the issue of police enforcement and citation as it relates to the prohibitions contained in this measure.
Your Committee has amended this measure by:
(1) Specifying that the restrictions on the operation of a leaf blower within a residential zone or within one hundred feet of a residential zone apply to lands in the urban land use district;
(2) Deleting the additional specific limitations for the operation of a leaf blower within a residential zone or within one hundred feet of a residential zone;
(3) Changing the time periods under which leaf blower operations may take place to the hours between 7:00 A.M. and 7:00 P.M. for days other than Sundays or a federal holiday;
(4) Inserting a savings clause; and
(5) Making technical, nonsubstantive amendments for style, clarity, and consistency.
As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 466, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 466, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,
HERMINA MORITA, Chair