A bill that would provide for official fines and allow private citizens to sue aircraft operators for noise pollution advanced in the Hawaii legislature earlier this month, but a key amendment to the measure makes it little better than political theater aimed at mollifying anti-helicopter advocates.
HB1201, which passed second reading in the Hawaii House, almost entirely mimics a bill recently vetoed in New York by Gov. Kathy Hochul (D) on the grounds of federal preemption. If passed into law, the Hawaii bill would no doubt face a similar fate or wilt under litigation. It “establishes noise generated by helicopters in excess of a certain decibel level as a public nuisance and a source of noise pollution in violation of the state’s noise pollution law” and “establishes fines and a private right of action for individuals to sue helicopter owners and operators for creating a public nuisance.”
During related hearings, the state's House Committee on Health & Homelessness heard testimony from long-time Hawaii operator Jack Harter Helicopters and the Helicopter Association International in opposition. Following the hearing, the committee amended the bill’s effective date to June 30, 3000, “to encourage further discussion.”
During the hearings, various committee members alleged that helicopter noise was responsible for a plethora of ailments, including high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.