REPORT TITLE:
Noise


DESCRIPTION:
Allows construction and maintenance work on the freeway and
freeway ramps between Nuuanu Street and Sixth Avenue on Oahu to
temporarily execeed state noise standards without a variance.

 
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                                                        2960
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO NOISE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to authorize
 
 2 construction and maintenance work on the freeway and freeway
 
 3 ramps between Nuuanu Street and Sixth Avenue on Oahu to
 
 4 temporarily exceed state noise standards without a variance from
 
 5 the director of health.  This Act is needed for full
 
 6 implementation of section 264-44, Hawaii Revised Statutes, which
 
 7 requires the director of transportation to consider scheduling
 
 8 state highway maintenance between 6 p.m. and 6 a.m. if the work
 
 9 otherwise would result in significant traffic congestion or
 
10 delay.  If noise variances are not required, night construction
 
11 and maintenance work on the freeway will be completed faster, at
 
12 less cost, with less traffic delay for tens of thousands of
 
13 Hawaii residents.  The Legislature finds that these general
 
14 public benefits outweigh any temporary private inconvenience from
 
15 night work on the freeway.
 
16      SECTION 2.  Section 342F-30, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]�342F-30[]]  Prohibition.  No person, including any
 
19 public body, shall engage in activity which produces excessive
 

 
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 1 noise without first securing approval in writing from the
 
 2 director; provided that this section shall not apply to any
 
 3 authorized construction and maintenance work on the freeway and
 
 4 freeway ramps between Nuuanu Street and Sixth Avenue on the
 
 5 island of Oahu or to any school activity which is approved by
 
 6 school authorities.  For purposes of this section, "authorized"
 
 7 means authorized by the state department of transportation,
 
 8 "freeway" means a state highway designated as a controlled-access
 
 9 facility under section 264-62, "state highway" means a highway,
 
10 as defined in section 286-2, that is under the jurisdiction of
 
11 the state department of transportation, and "school activity"
 
12 means a public or private school function for students up through
 
13 the twelfth grade which is approved by the school principal or an
 
14 authorized representative.  The department of transportation
 
15 shall provide reasonable notice to persons likely to be adversely
 
16 affected by excessive noise from construction and maintenance
 
17 work on the freeway and freeway ramps.  [These] School activities
 
18 shall be limited to the hours of 7:00 a.m. to 10:00 p.m."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval;
 
22 provided that on July 1, 2003, this Act shall be repealed and
 
23 section 342F-30, Hawaii Revised Statutes, is reenacted in the
 

 
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 1 form in which it read on March 1, 2000. 
 
 2 
 
 3                           INTRODUCED BY:  _______________________
 

 
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