Bill Text: HI SB969 | 2023 | Regular Session | Amended
Bill Title: Relating To Noise Pollution.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2023-03-01 - The committee on JDC deferred the measure. [SB969 Detail]
Download: Hawaii-2023-SB969-Amended.html
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THE SENATE |
S.B. NO. |
969 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NOISE POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§342F- Helicopters; public nuisance; noise
pollution; private right of action; exceptions. (a) Any helicopter that generates a sound level
of more than decibels for bass sound, measured
using the dBC weighting system, from a complainant's site at ground level,
shall constitute a public nuisance and a source of noise pollution in violation
of this chapter.
(b) The department may accept
decibel readings gathered by complainants as evidence of a violation of this
chapter.
(c) Any owner or operator of a
helicopter in violation of this section shall be subject to a fine of not less
than $ for the
first offense and not less than $
for each subsequent offense.
(d) Any person who is aggrieved by
a violation of this section shall have a private 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 times the person's actual damages
or $ 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.
(e) This section shall not apply
to:
(1) Any helicopter:
(A) Owned or operated by a government
agency or organization; or
(B) Used to supply emergency services
such as emergency aeromedical services or search and rescue services; and
(2) Decibel readings taken at any ground-level site located within a -mile radius of an airport."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action; Exceptions
Description:
Establishes that noise generated by helicopters in excess of a certain decibel level constitutes a public nuisance and a source of noise pollution in violation of the State's noise pollution law. Establishes fines and a private right of action for individuals to sue helicopter owners and operators for committing a public nuisance. Establishes exceptions. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
