Bill Text: HI HB1963 | 2022 | Regular Session | Introduced
Bill Title: Relating To Noise Pollution.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2022-01-28 - Referred to HHH, JHA, referral sheet 3 [HB1963 Detail]
Download: Hawaii-2022-HB1963-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1963 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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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:
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 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 no less than $
for the first offense and $
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 violations of this section:
(1) By 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) That occur within
a mile radius of an
airport."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action
Description:
Establishes 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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
