CONFERENCE COMMITTEE REPORT NO. 101

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 798
                                  S.D. 2
                                  H.D. 2
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

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. 798, S.D. 2, H.D. 2, entitled:  

     "A BILL FOR AN ACT RELATING TO NOISE," 

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 clarify state and county
jurisdiction over noise control.

     Your Committee on Conference finds that the Department of
Health (DOH) regulates noise primarily in the areas of
construction, stationary noise source, agricultural, or
industrial activities.  At this time, DOH does not have the
resources to address other noise issues that may be generally
classified as a public nuisance.  

     Upon further consideration, your Committee on Conference has
amended this measure by:

 
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     (1)  Amending the section regarding regulation of certain
          public nuisances to clearly exempt noise rules adopted
          by DOH from the proviso governing conflicts between a
          statute, rule, or ordinance; and

     (2)  Deleting the amendment to the section regarding
          convention center district rules.

     This measure, as amended, establishes and clarifies a
standard for noise control in section 46-17, Hawaii Revised
Statutes, in which a county ordinance would yield jurisdiction to
a noise rule promulgated by the DOH under the authority of
chapter 342F, Hawaii Revised Statutes.  This clarification
provides clear guidance that the counties can regulate noise when
not addressed by a DOH rule.

     With these amendments, chapters 46 and 342F, Hawaii Revised
Statutes, work in conjunction rather than in conflict, thereby,
giving clear guidance with regard to jurisdiction over noise
issues.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 798, S.D. 2, H.D. 2, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 798, S.D. 2, H.D. 2, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
HERMINA M. MORITA, Co-Chair        BOB NAKATA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Co-Chair         SUZANNE CHUN OAKLAND, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
EZRA R. KANOHO, Co-Chair           CAROL FUKUNAGA, Co-Chair

 
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______________________________     ______________________________
ROMY M. CACHOLA, Member            MARSHALL K. IGE, Member
                                   
                                   
                                   
______________________________     ______________________________
EMILY J. AUWAE, Member             LES IHARA, JR., Member
                                   
                                   
                                   
                                   ______________________________
                                   WHITNEY ANDERSON, Member

 
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