REPORT TITLE:
Noise; Construction Work


DESCRIPTION:
Allows construction and maintenance work on the freeway and
freeway ramps between Nuuanu avenue and Sixth avenue on Oahu to
temporarily exceed state noise standards without a variance from
the director of health.  (HB2619 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2619
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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 avenue 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, and 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.  (a) No person, including any
 
19 public body, shall engage in activity [which] that produces
 

 
Page 2                                                     2619
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 excessive noise without first securing approval in writing from
 
 2 the 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 avenue and Sixth avenue on the
 
 5 island of Oahu for which prior concurrence for an exemption from
 
 6 this section has been obtained from the H-1 corridor task force
 
 7 established by the department of transportation, or to any school
 
 8 activity [which] that is approved by school authorities. 
 
 9      (b) The department of transportation shall provide
 
10 reasonable notice to persons likely to be adversely affected by
 
11 excessive noise from construction and maintenance work on the
 
12 freeway and freeway ramps. 
 
13      (c) For purposes of this section[,"school activity"]:
 
14      "Authorized" means authorized by the department of
 
15 transportation.
 
16      "Freeway" means a state highway designated as a controlled-
 
17 access facility under section 264-62.
 
18      "School activity" means a public or private school function
 
19 for students up through the twelfth grade [which] that is
 
20 approved by the school principal or an authorized representative.
 
21 [These] School activities shall be limited to the hours of 7:00
 
22 a.m. to 10:00 p.m.
 

 
 
 
Page 3                                                     2619
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      "State highway" means a highway, as defined in section
 
 2 286-2, that is under the jurisdiction of the department of
 
 3 transportation."
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval;
 
 7 provided that on July 1, 2003, this Act shall be repealed and
 
 8 section 342F-30, Hawaii Revised Statutes, shall be reenacted in
 
 9 the form in which it read on the day before the effective date of
 
10 this Act.