HOUSE OF REPRESENTATIVES

H.B. NO.

2690

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AIR TOURISM.

 

 

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

 

     SECTION 1.  The legislature recognizes that air tourism activities, including commercial helicopter tours, are popular with visitors to the State, financially lucrative for many private companies, and strengthen the State's visitor industry.  The legislature also recognizes, however, that many state residents have grown increasingly agitated by low-flying aircraft over residential areas generating constant noise throughout entire days, including on weekends and holidays.

     The legislature notes that its options for regulating air tourism are limited due to federal preemption.  The state department of the attorney general, in its March 21, 2019, testimony before the state house committee on the judiciary, stated that "Congress, by its enactment of the Federal Aviation Act of 1958, as amended by the Noise Control Act of 1972, preempted state and local control over aircraft noise".  At issue was proposed legislation that would, in part, make it unlawful for any person to operate certain air tourism aircraft within one mile of any residential neighborhood, except at certain times or on holidays.  In the opinion of the department of the attorney general, the restriction in question fell "squarely within the type of aircraft regulation that the federal government has preempted".

     The legislature finds that the United States Federal Aviation Administration mandates automatic dependent surveillance-broadcasts (ADS-B) at certain airports throughout the nation.  ADS-B technology provides air trackers with real time position, altitude, and velocity of aircraft through on-board transmitters.  However, while the Federal Aviation Administration mandates the use of these broadcasts in Honolulu and Kahului, the administration does not mandate their use at airports in Lihue, Hilo, and Kona.

     The legislature recognizes congressional efforts to require federal authorities to develop appropriate aircraft regulations and enforce those regulations to address these concerns.  The legislature also believes that the State, in the meantime, should take steps to develop non-preempted state laws or voluntary guidelines that would address local concerns about the air tourism industry.

     The purpose of this Act is to establish a Kauai air tourism working group, which shall consist of various stakeholders, that shall develop a pilot program to manage the negative impacts of excessive noise from tour aircraft on the island of Kauai, consider other actions to address air tracking technology needs on Kauai, and report to the legislature.

     SECTION 2.  (a)  There is established within the department of transportation, for administrative purposes, a Kauai air tourism working group.  The working group shall:

     (1)  Develop a voluntary pilot program to manage the negative impacts of excessive noise from tour aircraft on the island of Kauai's residential communities, cultural sites, state and county parks, and natural environment.  Before implementing the pilot program, the working group shall:

          (A)  Identify and prioritize areas throughout the island of Kauai most negatively impacted by the recreational air tourism industry; and

          (B)  Through the use of noise impact modeling and geographic information system mapping, identify appropriate flight paths, flight altitudes, and distances from the island of Kauai's residential communities, cultural sites, state and county parks, and natural environment;

     (2)  Recommend a specific state-sponsored tracking system, similar to the Los Angeles helicopter noise initiative, that uses Webtrak or similar technology to determine in real time the aircraft that cause disruptions on the island of Kauai and to facilitate the filing of complaints;

     (3)  Determine the cost of necessary software, maintenance, and other expenses relating to the aforementioned state-sponsored tracking system;

     (4)  Explore methods to encourage businesses in the recreational air tourism industry to use automatic dependent surveillance-broadcasts that are accessible to members of the public on the island of Kauai.  Methods to be considered shall include:

          (A)  Tax credits and other incentives; and

          (B)  Increases in applicable fees and rental rates for leased lands; and

     (5)  Consider other actions to address excessive noise from air tourism aircraft.

     (b)  The following individuals shall serve as members of the working group:

     (1)  The director of transportation or the director's designee, who shall serve as the chairperson of the working group;

     (2)  The chairperson of the board of land and natural resources, or the chairperson's designee from the division of state parks, department of land and natural resources; and

     (3)  The chairperson of the board of directors of the Hawaii tourism authority, or the chairperson's designee.

     (c)  The chairperson of the working group shall invite the following persons to serve as members:

     (1)  One representative from the Hawaii Helicopter Association;

     (2)  One representative from the Kauai Visitors Bureau;

     (3)  One representative from the Sierra Club;

     (4)  One representative from the Kauai recreational air tourism industry;

     (5)  One representative from Stop Disrespectful Air Tourism! (Stop DAT!);

     (6)  One representative from a Kauai-based organization that perpetuates the Hawaii culture impacted by air tourism;

     (7)  One Kauai resident who has experienced hearing excessive aircraft noise near the resident's home; and

     (8)  One member of the public who has experienced hearing excessive aircraft noise while visiting a state or county park or beach on the island of Kauai.

     (d)  The working group shall report the outcome of its pilot program and its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2022.

     (e)  The department of transportation, upon recommendation by the working group, shall hire a consultant to assist the Kauai air tourism working group in the completion of the report required under subsection (d).  The consultant shall have experience in facilitation, consensus-building, and community-based approaches.  Notwithstanding any law to the contrary, the department, in selecting a consultant from among consultants who are equally qualified in the foregoing areas, shall select the consultant with the most experience in geographic information systems, ambient noise analysis, and aircraft technology.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2020-2021 to hire a consultant for the completion of the Kauai air tourism working group report.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2020.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Tourism; Aircraft; Noise; Working Group; Appropriation

 

Description:

Establishes a Kauai Air Tourism Working Group to develop a pilot program and consider other actions to address excessive noise from air tourism aircraft on the island of Kauai.  Requires a report to the Legislature.  Makes an appropriation.

 

 

 

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