HB 810: RELATING TO NOISE POLLUTION.

A BILL FOR AN ACT

RELATING TO NOISE POLLUTION.

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

     SECTION 1.  Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342F-     Helicopters; public nuisance; noise pollution; private right of action.  (a)  Any person who is aggrieved by a violation of the Federal Aviation Act and existing federal laws shall have a right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover three times the person's actual damages, or $1,000, for each violation, whichever sum is greater.  A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees.

     (b)  This section shall not apply to any helicopter:

     (1)  Owned or operated by a government agency or organization; or

     (2)  Used to supply emergency services such as emergency aeromedical services or search and rescue services."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Helicopters; Noise Pollution; Public Nuisance; Federal Aviation Act; Private Right of Action

Description:

Establishes a private right of action for any person aggrieved by a violation of the Federal Aviation Act and existing federal laws to bring a civil action against the owner or operator of the helicopter in violation and collect damages and litigation costs.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to noise pollution.

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

     SECTION 1.  Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342F-     Helicopters; public nuisance; noise pollution; private right of action.  (a)  Any person who is aggrieved by a violation of the Federal Aviation Act and existing federal laws shall have a right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover three times the person's actual damages, or $1,000, for each violation, whichever sum is greater.  A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees.

     (b)  This section shall not apply to any helicopter:

     (1)  Owned or operated by a government agency or organization; or

     (2)  Used to supply emergency services such as emergency aeromedical services or search and rescue services."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Helicopters; Noise Pollution; Public Nuisance; Federal Aviation Act; Private Right of Action

Description:

Establishes a private right of action for any person aggrieved by a violation of the Federal Aviation Act and existing federal laws to bring a civil action against the owner or operator of the helicopter in violation and collect damages and litigation costs.

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

STAND. COM. REP. NO.  663

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 810

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 810, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NOISE POLLUTION,"

begs leave to report as follows:

     The purpose of this measure is to establish a private right of action for any person aggrieved by a violation of the Federal Aviation Act and existing federal laws to bring a civil action against the owner or operator of the helicopter in violation and collect damages and litigation costs.

     Your Committee received testimony in opposition to this measure from Jack Harter Helicopters.  Your Committee received comments on this measure from the Department of Transportation.

     Your Committee finds that helicopter noise pollution is a significant issue impacting residents and communities in Hawaii, often creating disturbances that affect quality of life.  This measure classifies helicopters as a public nuisance due to noise pollution and establishes a private right of action for individuals affected by violations of federal aviation laws, thereby empowering citizens to seek remedies for noise pollution relating to helicopters.

     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 H.B. No. 810, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

STAND. COM. REP. NO.  78

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 810

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 810 entitled:

"A BILL FOR AN ACT RELATING TO NOISE POLLUTION,"

begs leave to report as follows:

     The purpose of this measure is to establish a private right of action for any person aggrieved by a violation of the Federal Aviation Act and existing federal laws to bring a civil action against the owner or operator of the helicopter in violation and collect damages and litigation costs.

     Your Committee received testimony in opposition to this measure from Vertical Aviation International.  Your Committee received comments on this measure from the Department of Transportation.  

     Your Committee finds that there have been community complaints alleging that helicopter tour operators are flying too close to residences.  Your Committee further finds that operators are alleged to operate at varying hours of the day and that the noise generated from their operations causes significant disruption to many residents on a daily basis.  This measure provides a mechanism for persons to hold disruptive operators accountable by establishing a private right of action for any person aggrieved by violations of federal aviation law.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 810, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 810, H.D. 1, and be referred to your Committee on Energy & Environmental Protection.

Respectfully submitted on behalf of the members of the Committee on Transportation,