STAND. COM. REP. NO. 209

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 737
                                        S.D. 1




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

Sir:

     Your Committee on Labor and Environment, to which was
referred S.B. No. 737 entitled: 

     "A BILL FOR AN ACT RELATING TO NOISE,"

begs leave to report as follows:

     The purpose of this measure is to exempt small construction
projects from the permit requirements of the noise pollution law.

     Testimony in support of this measure was received from the
Department of Transportation, the Building Industry Association
of Hawaii, the Contractors Association of Kauai, the Pacific
Resource Partnership, Armstrong Builders, Ltd., Hidano
Construction, Inc., Jas. W. Glover, Ltd., Paul Louie &
Associates, S & M Sakamoto, Inc., SC Pacific Corp., and Willcocks
Construction Corporation represented by thirteen individuals.

     The Department of Health (DOH) testified in support of the
measure with amendments.  DOH notes that noise generated by
smaller construction projects may be equally disturbing and
result in adverse impacts on residential communities.  As such,
regulatory mechanisms are required in order that public
complaints and concerns may receive appropriate response and
attention.

     Your Committee finds that this measure provides regulatory
relief to companies building smaller construction projects.  Your
Committee also recognizes that there needs to be a mechanism in
place to provide notification to DOH of these projects so that

 
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                                   STAND. COM. REP. NO. 209
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DOH can expeditiously deal with complaints and concerns of the
public.

     Your Committee has amended this measure to provide for a
notification process that must be followed by any business that
qualifies for the exemption from noise permits.  The person
responsible for the construction project is required to notify
DOH in writing of the project.  The notice shall include
information concerning the person giving notice, type of
construction, location, duration of project, and acknowledgement
that the construction project is subject to applicable
permissible noise levels and operational times.

     Upon the suggestion of DOH, your Committee also amended this
measure by removing Sundays and holidays from the list of times
when this exemption does not apply.

     As affirmed by the record of votes of the members of your
Committee on Labor and Environment that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 737, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 737,
S.D. 1, and be referred to the Committee on Health and Human
Services.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and
                                   Environment,



                                   ______________________________
                                   BOB NAKATA, Chair

 
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