Bill Text: HI SB54 | 2023 | Regular Session | Amended
Bill Title: Relating To Gasoline-powered Leaf Blowers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-03-24 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; Representative(s) Garcia, Pierick voting no (2) and Representative(s) Ilagan excused (1). [SB54 Detail]
Download: Hawaii-2023-SB54-Amended.html
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THE SENATE |
S.B. NO. |
54 |
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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 GASOLINE-POWERED LEAF BLOWERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature finds that noise can be a pollutant that affects the public health. Noise causes hearing loss, interferes with human activities at home, work, in schools, and is injurious to people’s health and well-being in various ways. Noise annoys, awakens, angers, and frustrates people. The numerous effects of noise combine to detract from the quality of people's lives and the environment.
The sound emissions from gasoline-powered leaf blowers are a public nuisance and a great concern for the State's public health and welfare. Gasoline-powered leaf blowers operate at approximately ninety decibels, which can cause hearing damage after two hours of exposure. According to the United States Centers for Disease Control and Prevention, the noise intensity is a particularly troubling issue for landscaping workers.
The legislature further finds that there are viable, quieter alternatives to gasoline-powered leaf blowers such as battery-powered leaf blowers.
Accordingly, the purpose of this Act is to ban the use of gasoline-powered leaf blowers in any urban land use district.
SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342F-30.8[]] Leaf blowers; restrictions[.]; and
prohibition of gasoline-powered leaf blowers. (a) In
any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any
person to operate a non-gasoline-powered leaf blower within a
residential zone or within one hundred feet of a residential zone in the State,
except between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sunday or
a state or federal holiday, and between the hours of 9:00 a.m. and 6:00 p.m. on
Sunday or any state or federal holiday.
(b)
In any urban land use district, as designated pursuant to section 205-2,
it shall be unlawful for any person to operate a gasoline-powered leaf blower
at any time.
[(b)] (c) Violators shall be fined [$50] $100
for the first violation, [$100] $250 for the second violation, [$200
for the third violation,] and $500 for each subsequent violation[.];
provided that any person who commits a third violation of subsection (b) shall
also be subject to forfeiture of the gasoline-powered leaf blower.
[(c)
Government entities, and agents acting on behalf of government entities,
shall not be subject to this section.]
(d)
Any county may adopt a rule or ordinance that places stricter
limitations on the use of leaf blowers than are in this section. In case of a conflict between the requirements
or limitations of this section and any county rule or ordinance regarding the
use of leaf blowers, the more restrictive requirements shall apply.
(e) For the purposes of this section:
"Gasoline-powered leaf blower"
means any leaf blower that is powered by a two-stroke internal combustion
engine.
"Leaf blower" means any machine
used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and
other surfaces.
"State holiday" means any day established as a state holiday in section 8-1."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4.
This Act shall take effect on July 1, 2050.
Report Title:
Gasoline-Powered Leaf Blowers; Prohibition; Fines; Government Agency Exemption; Repeal
Description:
Prohibits the operation of gasoline-powered leaf blowers in any urban land use districts. Increases the amounts of fines for offenses of leaf blower restrictions and provides for the forfeiture of gasoline-powered leaf blowers upon a third violation. Removes the exemption on leaf blower restrictions for government agencies. Takes effect 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.
