SB 1147: 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.  The legislature finds that noise control is a serious issue for residents and businesses that must coexist closely in the State's urban areas.  The United States Environmental Protection Agency, which regulates certain noise sources, has observed that millions of people nationwide are negatively affected by noise and that studies show a direct link between excessive noise and health issues, such as stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.

     The legislature also finds that quality of life can be enhanced through improved monitoring and enforcement of applicable noise regulations.  However, enforcement of noise controls has been challenging for various reasons.  The State's noise pollution law prohibits, with certain exceptions, any person from engaging in activity that produces excessive noise without first securing written approval from the director of health.  Existing law also requires the department of health to adopt rules for community noise control.  However, due to lack of resources, including the number of enforcement inspectors, the community noise control rules adopted by the department of health only apply to stationary mechanical noise sources and equipment related to agricultural, construction, and industrial activity.  Therefore, the department's noise control enforcement activities are primarily focused on noise emitted from these noise sources and equipment.

     The legislature further finds that in 2021, the Honolulu city council passed a bill to regulate amplified sound from public sidewalks in the Waikiki special district that was subsequently vetoed by the mayor.  The legislature notes that during the city council's hearing process, the Honolulu police department and the department of the prosecuting attorney for the city and county raised concerns over the bill, including the lack of sound monitoring devices to enforce the measure.

     Accordingly, the purpose of this Act is to protect the health and improve the quality of life of residents who must coexist closely in the State's urban areas by establishing that a person's conduct that produces, or causes to be produced, noise exceeding a certain level causes to be produced, noise exceeding a certain level during nighttime hours in any area zoned as residential or mixed-use residential is unreasonable noise that constitutes the offense of disorderly conduct.

     SECTION 2.  Section 711-1101, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night[, the]:

     (a)  The person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation;

     (b)  The person's conduct produces, or causes to be produced, noise exceeding eighty dBA as measured with a calibrated sound level meter by a certified individual at thirty feet from the source of the offending sound during the hours between 9:00 p.m. and 6:00 a.m. in any area zoned as residential or mixed‑use residential; or [the failure]

     (c)  The person fails to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.

     The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to enforce the requirements of this Act, including funding for:    

     (1)  The establishment of one full-time equivalent (1.0 FTE) position within the department of health for costs related to providing training to law enforcement officers in all counties in the proper use of sound level meters; and

     (2)  The purchase of sound level meters to be supplied to the counties to assist in their enforcement of the decibel limits.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

Department of Health; Excessive Noise Control; Disorderly Conduct; Residential or Mixed-Use Areas; Counties; Appropriations

Description:

Establishes that a person's conduct that produces, or causes to be produced, noise exceeding a certain decibel level during nighttime hours in any area zoned as residential or mixed-use residential is an unreasonable noise that constitutes the offense of disorderly conduct.  Appropriates funds.

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