Bill Text: HI SB466 | 2010 | Regular Session | Amended

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Bill Title: Leaf Blowers; Noise Pollution; Debris; Violations

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2010-07-07 - (S) Became law without the Governor's signature, Act 206, 7/6/2010, (Gov. Msg. No. 698). [SB466 Detail]

Download: Hawaii-2010-SB466-Amended.html

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CONFERENCE COMMITTEE REP. NO. 90-10

 

Honolulu, Hawaii

                 , 2010

 

RE:    S.B. No. 466

       S.D. 2

       H.D. 1

       C.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 466, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO POLLUTION,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Prohibit the use of leaf blowers on or near residential zones, except within allowed time periods; and

 

     (2)  Prohibit leaf blowing operations from blowing debris onto adjacent property without permission.

 

     Many residents in high density areas complain about the noise, smell, and dust created by leaf blowers.  The noise of leaf blowers interfere with neighbors' ability to watch television, sleep, and talk on the phone.  Additionally, some leaf blower users are inconsiderate and blow dust and debris into public rights-of-way and into neighbors' open windows.  Your Committee finds that numerous studies have shown that home gardeners can clean the same amount of space with more speed and accuracy using a rake and broom than using any kind of leaf blower.  This measure strikes a balance between the need to use leaf blowers in a considerate way and the neighbors whose daily lives are affected by the use of those leaf blowers.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the time period for leaf blowing operations within a residential zone or within 100 feet of a residential zone from between the hours of 7:00 a.m. and 7:00 p.m. to 8:00 a.m. and 6:00 p.m.;

 

     (2)  Including state holidays as days when leaf blowing operations are restricted to between the hours of 9:00 a.m. and 6:00 p.m., and defining "state holiday";

 

     (3)  Exempting government entities from the prohibition of the use of leaf blowers on or near residential zones;

 

     (4)  Clarifying that counties may adopt rules or ordinances that place stricter limitations on the use of leaf blowers;

 

     (5)  Adding definitions for "leaf blower" and "parcel" to the prohibition on blowing debris onto adjacent property;

 

     (6)  Changing the effective date to July 1, 2010; and

 

     (7)  Making technical, nonsubstantive changes for the purposes of style and clarity.

 

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

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

 

____________________________ HERMINA MORITA, Co-Chair		____________________________ MIKE GABBARD, Chair
____________________________ JON RIKI KARAMATSU, Co-Chair		____________________________ BRIAN T. TANIGUCHI, Co-Chair