HB 30: RELATING TO GASOLINE-POWERED LEAF BLOWERS.

A BILL FOR AN ACT

relating to gasoline-powered leaf blowers.

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

     SECTION 1.  The legislature finds that dozens of cities and towns in the United States and the District of Columbia and State of California have banned gasoline-powered leaf blowers due to their harmful impacts on health and the environment. 

     The legislature also finds that noise can be a pollutant that affects the public health.  Noise can cause hearing loss; can interfere with human activities at home, work, and in schools; and can in various ways be injurious to people's health and well-being.  Noise also annoys, awakens, angers, and frustrates many people.  The numerous effects of noise combine to detract from the quality of life for people and the environment.

     The sound emissions from gasoline-powered leaf blowers are a great concern for the State's public health and welfare.  Gasoline-powered leaf blowers operate at approximately ninety decibels, which can cause hearing damage after two hours of exposure.  According to the United States Centers for Disease Control and Prevention, noise intensity is a particularly troubling issue for landscaping workers.

     The legislature further finds that there are viable, quieter alternatives to gasoline-powered leaf blowers, such as battery-powered leaf blowers.

     Accordingly, the purpose of this Act is to ban the use of gasoline-powered leaf blowers in any urban land use district.

     SECTION 2.  Section 342f-30.8, Hawaii Revised Statutes, is amended to read as follows:

     "§342F-30.8  Leaf blowers; weed whackers; restrictions[.] on non-gasoline-powered leaf blowers; prohibition of gasoline-powered leaf blowers.  (a)  In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a non-gasoline-powered leaf blower or weed whacker 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 7:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 7:00 p.m. on Sunday or any state or federal holiday; provided that government entities, and agents acting on behalf of government entities, may use weed whackers during the prohibited hours in the case of an emergency as defined in section 127A-2.

     (b)  In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a gasoline-powered leaf blower at any time.

     [(b)] (c)  Violators shall be fined [$50] $100 for the first violation, [$100] $250 for the second violation, [$200 for the third violation,] and $500 for each subsequent violation[.]; provided that upon the third violation of subsection (b), the gasoline-powered leaf blower used to commit that violation shall be subject to forfeiture.

     [(c)  Government entities, and agents acting on behalf of government entities, shall not be subject to this section as it applies to leaf blowers.]

     (d)  Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers or weed whackers than are in this section.  In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers or weed whackers, the more restrictive requirements shall apply.

     (e)  For the purposes of this section:

     "Gasoline-powered leaf blower" means any leaf blower that is powered by a two-stroke internal combustion engine.

     "Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces.

     "State holiday" means any day established as a state holiday in section 8-1.

     "Weed whacker" means a gasoline or electric powered yard tool that uses either a flexible monofilament line (also known as a string or line trimmer) or revolving metal cutting blade intended to cut or trim grass and other vegetation."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Gasoline-powered Leaf Blowers; Prohibition; Fines; Government Agency Exemption; Repeal

Description:

Prohibits the operation of gasoline-powered leaf blowers in any urban land use district.  Applies the existing time-of-use restrictions on leaf blowers to non-gasoline-powered leaf blowers.  Increases the fines for offenses of leaf blower restrictions and provides for the forfeiture of gasoline-powered leaf blowers upon a third violation.  Removes the exemption on leaf blower restrictions for government agencies.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.