What did the most recent bills look like and why did they die in committee?
(1) 2023-2024 Bills (air pollution)
Senate Bill (SB) 54, and its companion (HB) 575, proposed to ban the sale, offer of sale, and use of gasoline-powered leaf blowers in any urban land use district because the ‘exhaust and sound emissions from gasoline-powered leaf blowers are a great concern for the State's public health and welfare’.
Government entities were not to be exempted.
Why did these bills die?
2023-2024 Testimony: SB 54 and companion bill HB 575
In short:
State Attorney General Lopez advised the committee against an appeal to ‘exhaust emissions’ citing a potential conflict with the federal government, as a ban on sale and operation 'could be deemed an emissions standard, which is preempted by the CAA’ (SB 54). Further, ‘[a] restriction banning all gasoline powered engines in favor of electric may also be deemed an emission standard: ‘“[A] mandate requiring a specified percentage of manufacturers in state sales to be of "zero-emission vehicles" was found to be a preempted "standard" under CAA § 209)”’ (HB 575). The AG recommended ‘creating an objective standard to restrict use of equipment creating noise over a certain decibel level in certain circumstances’ (e.g. ANSI certification and the 65 decibel limit) (bold added).
The AG comments have implied that air pollution (or anything to do with exhaust emissions) could not be used to justify a ban. The bill was rewritten to apply to noise pollution alone, construed only as excessive decibels.
On this the health department cited an inability to properly regulate noise from leaf blowers because they are mobile sources of pollution, as opposed to stationary. Enforcement of any ban would also require funds and staff that the health department did not have.
Direct opposition to the bills came from the Retail Merchants of Hawaii and the Outdoor Power Equipment Institute (OPEI), with both claiming economic harm and the inefficiency of commercial battery or electric leaf blowers.
The Director of Facility Maintenance and the Director of Parks and Rec. jointly opposed HB 575 on the grounds that the use of gas leaf blowers, regardless of pollution, is nonetheless ‘critical for proper maintenance of City-owned properties throughout the island of Oʻahu’, and claimed that ‘[b]attery-powered leaf blower operability usually lasts 20-40 minutes on a full charge, which would drastically hamper our operations, and impede our ability to effectively and efficiently provide services and perform maintenance actions’.
The Superintendent of Education, while recognising the harmful impacts of gas leaf blowers, likewise appealed to the cost and inefficiency of battery operated leaf blowers, especially for the maintenance of schools with large acreage (HB 575).
The Major of District 7 of the Honolulu Police department (HPD) deferred to the Supremacy Clause put forward by the AG, and directly opposed the bill citing issues with forfeiture of equipment on a third violation (enforcement). HPD’s evidence room or other spaces would not be equipped to store gas leaf blowers because their oil and gas mix is hazardous and storage is costly. Another reason is that HPD would be forced to destroy the equipment, since it could not be auctioned in the face of a ban, and ‘disposal of hazardous materials’ is costly.
From the standpoint of enforcement, HPD opposes the bill because time of use restrictions would be ‘far more reasonable’. (HB 575).
Is any of this right?
The long read:
(i) Conflict with federal government regarding emission standards
Attorney General Lopez advised the committee that ‘[r]egarding exhaust emissions from gasoline-powered leaf blowers, Congress has explicitly preempted regulation’:
‘No State or any political subdivision thereof shall adopt or attempt to enforce any standard or other requirement relating to the control of emissions from . . . new nonroad engines . . .’. 42 U.S.C. § 7543(e)(1).
According to the AG (SB 54), the preemption is explicit: ‘Preemption exists when federal law so thoroughly occupies a legislative field "as to make reasonable the inference that Congress left no room for the States to supplement it.”’ (All emphases added).
'"Field preemption" occurs when Congress indicates in some manner an intent to occupy a given field to the exclusion of state law”’. The field being emission standards.
Put simply, as OPEI (cite) likes to argue, ‘the U.S. EPA has sole jurisdiction for small engine emission regulations’.
With regard to HB 575, the AG argues that ‘a mandate requiring a specified percentage of manufacturers in state sales to be of "zero-emission vehicles" was found to be a preempted "standard" under CAA § 209’.
The state is not at liberty to create its own regulations regarding gas leaf blower exhaust emissions, where zero emissions is also considered a ‘standard’. Hawaii is at liberty, however, to regulate ‘noise concerns’ because they are not federally regulated.
⁉️ Is this right?
How does a state’s ban on the sale and use of gas leaf blowers equate to regulation of an EPA emission standard on new nonroad engines?
The EPA’s ‘emission standard’ ‘limits the quantity, rate, or concentration of emissions of air pollutants’ in the manufacture of new engines. For mobile sources of air pollution; standards are set for the ‘specific pollutants being emitted’ (six exhaust and evaporative pollutants).
EPA regulations for non road engines ‘address only the permissible emission rates from new, certified products’. Thus, ‘State and local governments have limited authority to set emission standards for new products’ (Heavily polluted (non attainment) states can adopt California’s emissions standards, but Hawaii’s air pollution is considered to be in attainment). In attainment, Hawaii cannot make its own, stricter emission standard for the manufacture of new equipment by further limiting, or controlling the amount of carbon monoxide emitted for example.
However, states and local governments are permitted to ‘adopt regulations that restrict the use and operation of most products that are no longer new’.
‘Most’ appears to preclude `new locomotives'' and `new engines used in a locomotive’ (section 209 e 1B).
‘New’ means that the equipment has not been sold to an end user and ‘placed into service’. That is, it is still on the shelf, ‘brand new’, at the retail store; it has not been used or operated. Once the equipment is placed into service, and no longer ‘new’, States and local governments are at liberty to regulate such use and operation.
‘A nonroad engine, vehicle, or equipment is placed into service when it is used for its functional purposes’: leaf blowers are used to blow leaves, dust, and debris. To do this the ignition must be turned on and the equipment moved about by an operator, i.e. operated. What can be regulated then is the use and operation of the machine, that is, leaf blowing, in and of itself.
When use and operation is banned, air pollution is necessarily reduced. The EPA cannot mean to say that states must endure unnecessary air pollution, or that gas leaf blowers are required by law.
It seems clear that ‘room’ has been left for states to supplement the emission standard for small non road engines by regulating use and operation of the equipment, that is ‘leaf blowing’ as such.
In the letter of advice, Attorney General Lopez acknowledges that ‘Hawaii is not precluded from regulating the use and operation of leaf blowers, including hours of operation, altogether’. Here, ‘use and operation’ is taken to mean ‘time of use’ (where, when, and for how long the equipment is operated).
On this interpretation, and given the presupposed field preemption, it seems to be inferred that control of gas leaf blower engines with regard to noise pollution e.g. decibel ratings, or time of use (which is not federally preempted), can be grounds for restrictions, but air pollution cannot.
Justifying a ban (in part) intent on reducing the serious and unnecessary health effects caused by the use and operation of leaf blowers is not suppression of criteria pollutants during manufacture. The intention of the ban is to protect the health of Hawaii’s residents and future generations; the health of the environment; and the health of the climate, an exercise of the police powers of the state.
How does a state’s ‘favoring’ of zero emissions (battery/electric leaf blowers) equate to violation of section CAA 209?
In response to HB 575, the AG argues that ‘a mandate requiring a specified percentage of manufacturers in state sales to be of "zero-emission vehicles" was found to be a preempted "standard" under CAA § 209)’ (HB 575).
Note that the mandate relates to ‘vehicles’, i.e. new motor vehicles or new motor vehicle engines. Gas leaf blowers are not vehicles, they are classified as small, non road engines. Further, there is no text in Section 209 relating to sale. CAA Section 177, regards the ‘sale of a new motor vehicle or motor vehicle engine that is certified in California as meeting California standards’.
Presumably, ‘zero’ is a quantifiable amount with regard to exhaust emissions. Obviously, there can be no such thing as a zero emissions gas leaf blower. This is why they are regulated in the first place.
But, could it be the case that a ban on the sale of new gas leaf blowers is an emission standard, given that ‘new’ engines are preempted from regulation by the state, and a new engine is new as long as it has not be put into service?
It doesn’t matter. A complete ban of the use and operation of gas leaf blowers (i.e. gas powered leaf blowing) would automatically pre-empt the sale.
Zero-emissions does not mean zero pollution. Electric/battery equipment nonetheless pollutes the air with particulate matter and noise that harms.
It is not the case that ‘[a]restriction banning all gasoline powered engines in favor of electric may also be deemed an emission standard’; rather, a ban may be deemed a provision of the legal right of all of us to a clean, healthful environment. This is obviously within the state’s police powers. Leaf blowing violates this right. What is regulated with a ban is not the engine’s emissions, but leaf blowing in and of itself, i.e. use and operation.
The 2027 bill would also be regulating/restricting the decibels and time of use of electric/battery leaf blowing.
because this too (obviously to a much lesser degree), causes adverse health effects. Zero-emissions does not mean zero pollution. Electric/battery equipment nonetheless pollutes the air with particulate matter and noise that harms.
The point is, the EPA does not limit control new leaf blower engines as far as decibels and low frequency noise. And because the engine itself does not emit criteria pollutants it surely does not come under the CAA section 9 or any vehicle mandates.
✅ Legal validation for a ban on gas leaf blowers as it relates to exhaust emission standards (including zero-emssions):
In June, 2026 the US district court of New Jersey found that a ban on ‘the use of gas-powered leaf blowers year-round on both private and public property’:
‘does not impose a quantifiable emissions limit, require pollution-limiting equipment or after-treatment specification, or dictate engine-emissions criteria” and therefore does not impose a “standard or other requirement relating to the control of emissions” in violation of the Clean Air Act’.
On appeal, the court found that plaintiffs (residents and landscape companies) failed to show economic harm.
(ii) Retail Merchants of Hawaii: cost, inefficiency, and economic harm
The Retail Merchants of Hawaii opposed SB 54 for the following reasons:
Electric leaf blowers are almost double the cost of gas leaf blowers and thus ‘cost prohibitive for many landscape companies as well as those who take care of their own lawn’.
‘Retailers listen to what their customers want’: ‘There is not a large call for electric leaf blowers’.
‘Technology still needs to be worked on as the equipment has performance issues’.
‘The batteries need constant charging, and some leaf blowers are not as powerful to truly be useful’.
‘[l]ocal businesses would either have to sell these types of gasoline powered blowers at a loss or trash them’.
❗️Is this right?
See response to OPEI testimony immediately below, and response to the Retail Merchants of Hawaii 2024-2025 testimony in the next section.
But consider briefly that ‘burning gas all day long is expensive’.
Research indicates that gas leaf blowers are more expensive in the long run.
(iii) OPEI: no legislation necessary, no authority, economic harm, and ineffiency
⁉️ Is this right?
In defense of pollution as a short term problem
The Outdoor Power Equipment Institute (OPEI), a private, members only trade association, presents itself as the industry ‘Leader in Power Technology and Innovation: In agreement with the Retail merchants of Hawaii, who claim that some electric powered equipment is essentially useless; OPEI argues that gasoline powered equipment has more power and is cheaper for commercial purposes because power, technology, and innovation with regard to batteries is currently lacking.
In a seeming contradiction to the Retail Merchants of Hawaii, who claim that there is no ‘large call for electric blowers’, OPEI argues that zero-emissions equipment (ZEE):
‘is the number one driver of OPE demand and future industry growth’
‘Electric “handheld” leaf blowers and electric hedge trimmers represented approximately 80% of all handheld leaf blower and hedge trimmers shipments in 2022.
The purpose of the inadvertent contradiction is to argue that ‘the majority of “handheld” products shipped are already ZEE’. Gas leaf blowers will die out on their own (eventually), so legislation is unnecessary. Nonethless, it will still be a while because technology needs ‘further advancements’ for commercial landscapers to be able to get as much efficiency (profit) out of them.
OPEI seems to have forgotten that the problem is chronic air and noise pollution, now, that is, the public’s health, and the climate’s health right this moment. Is it feasible to get rid of something that creates widespread health harms unnecessarily? It is not feasible to those who profit from it. Why should people continue to suffer air and noise pollution until technology, that will allow commercial landscapers to make the same amount of profit with electric, evolves?
No one wants to argue that gas leaf blowers are the only culprits, but their unnecessary contribution to poor health outcomes for people, environment , and climate, is nonetheless widely undisputed.
What are the standard arguments from OPEI in opposition to bans around the nation?
OPEI argues that ‘“Facts” comparing outdoor power equipment emissions to automobiles are not rooted in sound data and are false’.
This relates to long-established claims against gasoline powered leaf blowers, used by our own legislators, for example, that ‘use of a commercial gasoline-powered leaf blower for one hour emits as much smog-forming pollution as a 2016 Toyota Camry being driven one thousand one hundred miles, and more than three times as much pollution as a commercial gasoline-powered lawn mower’ (from HB 575).
It is not quite clear why OPEI thinks the claims are false.
Perhaps, the reason is that gas leaf blowers cannot be regulated in the same way as car as trucks because they are not conducive to catalysts or particulate filters. They are not vehicles. But this only confirms that emissions from gas leaf blowers are necessarily worse regardless of comparisons with cars and trucks. They are incapable of meaningful regulation short of a ban.
(1) Regarding what regulation there is, OPEI argues that ‘the EPA is on its third phase of pollutant controls for small engine-powered equipment, resulting in up to 90% reductions in exhaust gas and evaporative emissions from previously unregulated machines’.
While there is no doubt that OPEI has had a significant impact on the reduction of small engine pollution over the past 30 years, and we are appreciative, the third phase alone does not account for the 90%, nor does it specifically apply to gas leaf blowers or string trimmers, it applies to all kinds of small engine equipment, e.g. ‘lawn and garden equipment, utility vehicles, generators, and a variety of other construction, farm, and industrial equipment’.
Further, according to the EPA final rule announcement for the third phase: ‘[w]e are not adopting new exhaust emission standards for handheld emissions’. ‘Handheld’ presumably meaning gas leaf blowers and string trimmers (bold added). No new exhaust standards this equipment have been put in place since 2010-2011.
What was adopted with phase 3 was new evaporative emission standard of 45% reduction concerning specific fuel emissions (for all small non road spark ignition engines). This is good news regarding the gag-inducing stink of toxic gasoline fumes at dinner time, but gas leaf blowers still emit particulates and exhaust, which are difficult to contain given the incomplete combustion of two stroke engines (cite). Thus, they are difficult to regulate, as demonstrated by the lack of a new exhaust standard with phase 3 (circa 2011-212).
OPIE member’s own testing contradicts scientific studies on battery life (cite).
One wonders why battery technology has advanced with residential equipment, but not commercial.
(2) OPEI, on its website, and in testimony around the nation, also appeals to Attorney General Lopez’s comments regarding field exemption and attainment and claims that ‘[t]he U.S. EPA Has Sole Jurisdiction for Small Engine Emission Regulations’. (See response above).
Unburned fuel is inefficient
(iv) Department of Health: leaf blowers are mobile sources of pollution; enforcement is not feasible:
The Department of Health , responsible for ‘public health and welfare’ as it relates to ‘noise control’, deferred to the legality of a ban on sale and use, per the AG. They then argued that ‘[e]nforcement against gasoline-powered leaf blowers would be extremely difficult due to their mobility and duration of use. In addition: '[a]ny new mandate will require additional resources for the amendment of rules and serious enforcement’ which is not in the budget. ‘Proposed requirements will require additional staff time and effort’.
Further, ‘[t]he intent of 342F, Hawaii Revised Statutes (the statute to be revised) was to regulate noise sources that are either fairly constant in nature, stationary, or restricted to a certain location, and can feasibly be enforced’ [italics added].
⁉️ Is this right?
It seems that catching leaf blower operators in the act of polluting and (unintentionally) harming would require constant boots on the ground and money to fund them. Enforcement can’t be everywhere at once (unlike leaf blowers). But anyway, by the very fact of their mobile nature, the landscape crew would be gone before enforcement could arrive. As such, only stationary sources of noise pollution come under the health department jurisdiction with regard to Community Noise Control. This seems to be why it is only time of use that can be regulated at, i.e. where, when and for how long a leaf blower can operate.
With stationary polluters (e.g. a generator), an enforcement officer can literally go to the stationary property (certain location), measure the noise with a decibel meter, verify the duration, and issue a citation to the owner of the stationary property because the property the generator sits on will not be gone by the time they get there, just like the generator itself (as opposed to a mobile property, such as an RV). It is not the generator that gets a citation, it is the property owner.
It seems that gas leaf blowers are for all intents and purposes no better than car stereos in terms of what can be done about mobile noise pollution.
But, non-road gas leaf blower noise is not like the momentary, literally mobile stereo blasting ‘excessive noise’ from a mobile property (car), on the road. Just like the generator on a business property, the property (e.g. school, park, business, home, library etc.) on which a gas leaf blower is used and operated is itself stationary, that is, immobile, fixed in place.
Gas leaf blower operators turn on the noise anywhere from 15-120 minutes plus at certain locations (unlike the car stereo). Moreover, leaf blowing usually occurs during and after string trimming and clearing. The weed whacking and leaf blowing is restricted to the certain stationary house on the corner, for example, or, very often, restricted to all the houses on one certain street on a certain day and certain week. We can be certain that the street won’t move.
Moreover, the day and time of the leaf blower’s operation is generally known, either by a property owner, neighbor, landscape company, government agency, or public entity.
On this, the usual schedule of a landscape or maintenance crew, who indirectly and inadvertently violate the health of children at a school, or the health of people in 90 nearby homes, is ‘fairly constant in nature’ and the use and operation of their gas leaf blowers ‘restricted to certain locations’ for a significant amount of time. Gas leaf blowing is generally constant and predictable. It is not mobile in the sense that a car stereo is.
✅ Funds and feasible enforcement
This means that gas leaf blowers are not mobile, unenforceable sources of pollution. Enforcement is feasible.
Funds collected from a properly supported community reporting system with strictly enforced, and legitimate fines, would provide the ‘additional resources for the amendment of rules and serious enforcement’ currently lacked by the health department.
Gas leaf blower day and times are fairly constant, restricted to a certain location, and the appearance of gas leaf blowers (the equipment) easily identifiable. This suggests that, once a ban is enacted, a community reporting system, perhaps incorporated into the one already in place (i.e. 311), which is effectively and graciously managed, will be the foremost means of enforcement.
Community reporting has been successful in enforcing bans around the nation (cite). These are the boots on the ground. People, who have not become complacent, want quiet, clean communities; we can collectively care for each other, with the right, working tools in place, in spirit of reciprocal duty. This would be in tandem with a public awareness campaign, another invaluable aid to self-enforcement; one also grounded in the ‘The Aloha Spirit Law’.
(v) Directors of Facility Maintenance and the Director of Parks and Rec.: inefficiency
The Directors claimed that battery operated equipment would ‘drastically hamper our operations, and impede our ability to effectively and efficiently provide services and perform maintenance actions’. They would not be able to do their job (HB 575).
⁉️ Is this right?
How did Hawaii’s ancestors manage the land?
What seems to be the case here is that gas leaf blowers and string trimmers are way cheaper and faster than additional employees with rakes, metal trimmers, or mulchers.
Is the use of this high-powered, high decibel, high-vibration, toxic fume exposing, gasoline equipment not hazardous to maintenance and parks and rec workers? Are they compensated for this direct and prolonged exposure day in and day out? It doesn’t seem that ear muffs and goggles are quite enough (cite the undervaluing of harm by OSHA). Do they receive hazard pay? Instead of compensating workers for this social injustice, why not take the extra money and hire additional workers who will instead ‘steward the land’ instead of skewering it?
The normalisation, over-importance, and chronic over-use of gas leaf blowing, resulting from its cheap, powerful ability to save time and money, has created a blandscape across the state. How much of this land denuding, in a state where lush greenery is critical to its land management, is actually necessary? (cite the greenery).
Why not lead by example?
In a state that has declared a 50% reduced emissions goal for 2030, why are our government entities not already leading by example? (Noticing that the Aloha+ Challenge could be deemed an emission standard). They could commit to not buying anymore gas-powered equipment instead of praising its misconceived virtues.
Instead of electrifying our government fleets at some point in the future; it is only logical that we would first electrify the toxic gasoline powered equipment that these (significantly less polluting) vehicles carry to roads and parks around the state.
Working with the American Green Zone Alliance (AGZA), several municipalities around the nation have fully transitioned their maintenance operations to electric equipment. (see Gov. Programs).
(vi) The Department of Education: cost and inefficiency
According to the Superintendent of Schools (HB 575) the Department of Education ‘recognizes that gasoline-powered leaf blowers have a harmful impact on health and the environment’. One problem is the ‘cost to replace inventory’ (with battery equipment). The other problem is that ‘battery-operated handheld equipment technology does not have the power needed for large areas’, for example: ‘James Campbell HighSchool is 38 acres, and Hilo High School is 24 acres.some of the school grounds are as much as 38 acres’ (sic).
Further, ‘Principals have found that battery-operated equipment operates at homeowner strength and not the commercial strength needed for a larger school campus’.
⁉️ Is this right?
What about the cost to children’s health of this cheap equipment that for no right or good reason harms their health and impacts the environment that they are supposed to be learning in?
Following the Directors, here is another example of the popular notion that cheap, powerful, even more deafening than ‘homeowner strength’ equipment is more efficient because the job is done quicker. Blow all the junk away, and then come back and do it again, after it all blows back. What is this? Job creation?
Lead by example
In support of the probably dead Environmentally Friendly School’s Act, why not have children come out and rake the leaves, learn how to identify plants as they pull weeds, and pick up the plastic for recycle? Why not roll this stewardship learning into a high school graduation requirement of community service, as other states and local districts have done.
Regarding acreage, Smithsonian Gardens manages 180 acres of gardens, landscapes and grounds by making ‘use of electric tools to complete daily grounds maintenance tasks’ (‘including electric blowers, trimmers, mowers, edgers, tillers, and even a chainsaw’). They are not the only major institution leading by example (cite).
ꜜThe Department of Education also opposed a ban in the 2024-2025 testimony, again, completely overlooking the harms to children, which is addressed in the next section.
(vii) Honolulu Police Department (HPD): hazardous waste preempts enforcement
After deferring to the AG’s Supremacy Clause warning, HPD argued that forfeiture of equipment on a third citation would be costly and otherwise problematic due to the hazardous nature of the equipment. The Department also opposed the bill on the grounds that time of use restrictions (where, when, and for how long) would be ‘far more reasonable’ (HB 575).
⁉️ Is this right?
This opposition from HPD truly highlights the inadequacy of current and proposed fines and the subsequent impotence of enforcement. It also underscores the absurdity and injustice of current time of use restrictions.
If the fines are so weak that a violator has reached the forfeiture stage of enforcement, the violator should be required to drain any gasoline on the spot before surrender. The evidence is the machine, not the fuel. The leaf blower can then be taken to recycling by the violator (within 24 hours), instead of it being put in HPD storage or taken to an auction house. At which point the violator would be required to upload a receipt (within 48 hours) from the recycling center to a reporting system. Failing this, the violator would lose their business licence.
Non compliance is an act of polluting; an environmental crime.
A simpler way to address this is to impose serious fines beginning with the first violation, along with (not instead of) mandatory (environmentally conscious) community service. Community service might include giving a presentation to schoolchildren on stewardship of the land (see the probably dead Environmentally Friendly School’s Act). This would be followed by the uploading of a receipt showing that the community service was honored and the equipment recycled, or face loss of business licence as well as a $10,000 fine (the amount applied to environmental polluters by the Department of Health’s Clean Air Branch). The money would then be used to fund an ongoing public awareness campaign as well an effective, supportive reporting system, and rebates etc. to offset the cost of transition.
!!!given the deleterious effects on the public’s health and welfare, injunctive relief should be allowed in the case of persistent abusers.
Unjust fines
Nominal fines provide no incentive for businesses to comply. These are simply figured into overhead, i.e. the cost of doing business (the business of polluting). If we are to be serious about protecting the health and well-being of Hawaii, we have to be serious about fines and use them to support the overall intention of a clean, healthful environment, not to inadvertently make a mockery of it. Instead of laughable fines that do not even slap a wrist and then make a leap to forfeiture; the fines must be severe, and continued non compliance must result in suspension or loss of business licence. Mandator community service must accompany the fines.
Unjust time of use
How long does it take for daily exposure to exhaust and evaporative gases, dangerous decibels, widespread low frequency noise, acute stress response, inability to function productively, powerlessness to peacefully enjoy one’s property etc.; to cause irreparable harm?
Current time of use restrictions allow for all day leaf blowing, non-stop, 7 days a week, multiple times a day, including Sundays and holidays.
Simply amending the time of use of gasoline powered equipment would be a further nod to state sanctioned pollution, it would be to continue allowing acknowledged and unnecessary harms to the people, children, and low wage workers of Hawaii. The harms will still harm. Harmful impacts occur on a continuum of dosage. No amount of harm is justified.
What did the most recent bills look like and why did they die in committee?
(2) 2024-2025 Bills (noise pollution)
House bill (HB) 30 proposed to ban the use of gasoline leaf blowers by any person at any time in urban districts and apply the existing restrictions (time-of-use) to non-gasoline leaf blowers, while increasing fines (presumably for both). Government entities and their agents were not to be exempted.
The bill argued that gasoline powered leaf blowers create noise pollution (excessive decibels), which causes hearing loss and impairs quality of life, thus harming public health and environment. Given that there are ‘quieter alternatives’ to gasoline powered leaf blowers [e.g. battery operated, mulching, rake, grass-cycling], a ban is justified.
‘Gasoline powered leaf blower’ only extended to two stroke engines.
The act was to take effect on approval.
House Bill (HB) 470 HD2 proposed to prohibit the sale of any leaf blower (gasoline or battery powered) that does not meet the ANSI B-175.2 class 1 rating beginning July 1, 2028. Government entities are not to be immediately exempted. Fines for violation were to be increased.
The bill argued that leaf blowers (both electric and gasoline powered) create noise pollution (excessive decibels), which causes hearing loss and impairs the quality of life for both the residents and landscape workers of the state.
Given that there are ‘quieter alternatives to loud leaf blowers', prohibition of sale is justified.
The act was not take effect till July 1, 3000, presumably allowing several years for transition.
Senate bill (SB) 365 proposed to prohibit the sale of gasoline powered leaf blowers beginning January 1, 2027. Government entities were not to be exempted.
The bill argues that gasoline powered leaf blowers produce extreme noise (conceived as decibels), pollute the air, and exacerbate climate change.
Given that electric leaf leaf blowers are quieter, cleaner, more efficient, powerful, and affordable than gasoline powered leaf blowers; prohibition is justified.
All three bills appeal to ‘quieter (and cleaner) alternatives’, namely, electric/battery operated machinery.
This is the wrong approach. What matters is safer alternatives.
Why did these bills die in committee?
2024-2025 Testimony
Testimony was only given for HB 470 (HD1 and HD2), which largely concerned a ban on sale of leaf blowers that do not meet the ANSI B-175.2 class 1 rating (maximum noise level of 65 decibels (dBA) or lower when measured from a distance of 50 feet).
In short:
The stumbling block seems to come from the Department of Health (noise control). First supporting the use of ANSI B-175.2 class 1 rating as it used by municipalities around the nation to ‘regulate noise emissions from hand-held and backpack gasoline engine powered leaf blowers’ (≤65 dbA), but then finding that ‘inspection’ of equipment for compliance would be too costly for the department in terms of ‘personnel and equipment’. The Department then finds that ANSI B-175.2 class 1 rating, cited in the bill, is outdated, and only applies to gas powered equipment, not string trimmers, and not electric equipment , which are also intended to be regulated under the rating (HB 470 HD2).
The Department also finds it ‘inappropriate’ that all powered equipment come under the rating because it will harm local businesses. People will just go online or elsewhere to purchase high decibel equipment (conceived to be more efficient) since the ban only extends to sale not use and operation.
Further, equipment does not standardly come with decibel level labels, which makes ‘regulating these products simply through noise ratings impractical and presents a regulatory problem’.
The overall stance of the Department is summed up by arguing that hardly anyone complains about leaf blower noise, and that complaints primarily come from urban areas. Noise from gas leaf blowers is not a statewide problem.
The Retail Merchants of Hawaii again imply that they will be economically harmed by a ban on sale of gasoline powered equipment. They again appeal to the inefficiency of electric/battery operated leaf blowers, and further appeal to the potential environmental damage caused by lithium batteries.
Soberingly, the Superintendent of Schools, while agreeing that gas leaf blowers are harmful (to children), again appeals to cost and efficiency.
Is any of this right?
A long read:
(i) Department of Health (DOH): decibels are unregulatable; not a statewide problem
The Department of Health, presumably ‘Noise Control’, finds that regulating decibels is, for all intents and purposes, impossible, because equipment does not standardly come with decibel labels. Further, the ANSI rating only applies to gas leaf blowers, not the string trimmers or electric equipment also to be regulated with a ban. Moreover it seems that hardly anyone complains. Those who do are from urban areas. Noise pollution from leaf blowers is not a statewide problem. As such, the department recommends nominally increasing fines (no forfeiture) instead of banning the sale of gasoline powered leaf blowers.
⁉️ Is this right?
This probably seems right on its face. Regulating decibels looks nigh on impossible and compounding this: noise, while recognised as harmful pollution, is nonetheless regulated as a temporary nuisance (a personal problem to be worked out with your neighbor), with regard to enforcement.
The ANSI problem
Contra DOH testimony, the ANSI rating does not, when looked at more closely, only apply to gas leaf blowers.
The purpose of ANSI/OPEI B175.2-2012 (R2019) is (1) ‘to establish manufacturer requirements to reduce the risk of injury associated with the use of gas leaf blowers (internal combustion). However, (2) ’This standard may also be used to measure bystander sound pressure levels at 15 meters (50 feet)’ (bold added, cite).
So while it’s true that the current edition of ANSI/OPEI B175.2-2012 (R2019) concerns gasoline powered leaf blowers only as it pertains to the safety of the operator; it is also widely used as a standard methodology by leaf blower manufacturers for measuring the bystander sound pressure levels in dbA of electric/battery operated leaf blowers at 50 ft. And continues to be widely used by ordinances, that have instituted bans on gas leaf blowers, to regulate electric/battery operated ones. Presumably, decibels are decibels at the bystander level, regardless of the engine type they emit from.
The ANSI standard, while objective, is still problematic, as DOH points out. Nevertheless, electric leaf blowers, while not emitting harmful low frequency noise, like gasoline powered ones, can nonetheless emit harmful decibels.
✅ Enforcement is not as difficult as it is made out. Requiring registration of all electric/battery equipment, would remove the need for DOH field inspectors altogether. There would already be a reporting system in place for gas leaf blower violations. Equipment owners would upload a receipt with model number and proof of ANSI Class 1 ≤65 dbA, or other proof of ≤65 dbA. This prevents the need to ban the sale of equipment over 65 dbA. If the equipment cannot be used and ≤65 dbA is vigorously regulated and enforced with a registration system, purchasing higher decibel equipment from anywhere is pointless. The registration requirement would benefit local retailers trying to electrify their inventory. Residents, landscape companies, and government entities who already own high decibel electric/battery equipment can apply for a trade-in rebate, or other incentive and perhaps with a short transition period of 3 months. Remembering that leaf blowers are not necessary anyway, particularly in residential areas.
Ideally, residents would make a report to a 311 or other already in-place reporting system by uploading photos and videos (no faces). With this in mind, signage should be required for all maintenance/landscape crews, regardless of business size or operations. The report could be anonymous, or in the form of an affaditvit, thus legally binding (example). The method for enforcing a ban on gasoline would be the same reporting method for battery/electric.
HPD officers (not DOH inspectors), responding to a noise pollution call, could also request a copy of the registration receipt matching the equipment.
‘If it sounds too loud, it is too loud’.
✅ Unwanted noise is not merely a subjective experience
Noise is by definition harmful sound. The perspective of the Health Department, with testimony that complaints merely come from urban areas, seems to imply that these are naturally noisy environments regardless of leaf blowers and so we should not single out leaf blowers. Or maybe the sentiment is that because there is already so much noise, people do not take notice. Because there is a wider problem regarding noise and its control, we shouldn’t really be concerned with leaf blower noise.
The noise produced by gas leaf blowing is not a personal opinion to be challenged by the personal opinions of the health department, your neighbor, or HPD officers. This clearly undermines enforcement, and community harmony. The appeal to subjectivity is dismissive and belittling. Health is a universal right. Leaf blowing is not. The State has the duty to provide for the health and welfare of the residents regardless of whether a person likes gas leaf blowers (or doesn’t). An ordinance banning the use and operation of gas leaf blowers is not about personal choice, it is about legislating for the greater good.
Why does hardly anyone complain?
The argument, presumably from Noise Control, is that ‘the Department has only received 52 total documented complaints regarding noise pollution from leaf blowers over the past four years (2020-2024)’. Further, ‘[b]ased on an analysis of the complaints received, the issue of noise from the referenced sources is not a statewide problem but one primarily impacting urban areas’. This analysis reflects the principle, published in the Oahu Noise Reference Manual, that ‘complaints are generally used as an indication that a noise problem exists’. Thus, if no one complains there is no problem. If the number of complaints from people is small in contrast to the sheer number of people in the state, then the problem is insignificant.
We see this effect locally when ‘complainers’ are told by the authorities that no one else has complained, therefore their complaint is demonstrably false, and duly rejected.
The manual from Noise Control further states that ‘[t]he number of people who file complaints is only a very small percentage of those who are annoyed’. This seems right. There are underlying reasons (themselves health stressors) why people do not complain. They do not want to create community discord; they do not want to be labelled a ‘complainer’ in their community; they do want to be alienated by their neighbors; they are waiting for someone else to do it; they are afraid, embarrassed, or simply agree with the ‘golden rule’, and blame themselves.
How does this protect (or undermine) the health and welfare of the public?
The operative word is annoyed. The public cannot be collectively annoyed and thus warrant proper action with regard to environmental noise. Annoyance, ‘noise annoyance’ is regulated as a temporary, individual or group mental state, the latter verified by the fact that more than one person in a setting is annoyed; several minds agree, and they agree to complain together, which is an objective indicator that the noise is annoying (not physically harmful).
To be in a mental state of annoyance is itself physically harming (psychologically, physiologically, and biologically) (cite). The reference manual clearly recognises that ‘noise’ has these latter two effects on human functioning, but annoyance is treated merely as a psychological state of mind, a temporary feeling or emotion, and thus dismisses the long-term, harmful, physical responses in the body on all people experiencing the constant noise, whether they care or not . Overlooked is the sheer amount of times in a day or week that leaf blowing is allowed to damage neighborhoods. There is clearly a disconnect here between the physical and the psychological (the stress response is real) that continues to allow the proliferation of environmental noise, and harm to public health and welfare, by placing the burden of proof on the individual, or group of individuals experiencing a single event.
Furthermore, what is the point of complaining if the ongoing harm is perfectly legal? There are no decibel limits on gas leaf blowers (nor can there be according to noise control), and just as absurd: gas leaf blowers can be legally operated all day, non stop, 7 days a week, including holidays. Government entities included.
This abhorrent time-of-use sanctions legal trespassing on our waking and sleeping hours, breakfast, lunch, dinnertime, museums, libraries, shopping, school, study time, work, playtime, bath time, lullabies, reading, holidays, homework, sleep, illnesses, recovery, elder care, our concentration, thoughts, feelings, emotions—on our health and in our homes.
We should not have to wait around every member of public across the state to complain before something is done.
⚠️ Contrary to DOH rules, the harms caused by gas powered leaf blowing and string trimming do not affect some more than others. We all breathe the same polluted air. Constant noise affects all of us whether we care or not. Loss of hearing is not subjective. Stress response is not voluntary. Leaf blowing is a statewide problem regardless of complaints as evidenced by the noise harms documented in the Noise Reference Manual. Leaf blowing is a public, not a private nuisance. On this, if the harms are to be taken seriously, the ban must extend to any property public or private across the state, and should apply to all users and operators, including government entities. Otherwise, only the health of urban area residents is protected, as if the rest of the State’s residents do not matter.
Crucially, the definition of noise must be changed to reflect the objective harms of environmental noise rather than the subjective experience. Till then, we must appeal to the precautionary principle.
(ii) Retail Merchants of Hawaii: economic and environmental harm
Citing the same arguments from 2023-2024 , the Retail Merchants of Hawaii add that:
Because Hawaii is so lush, small locally owned landscaping businesses are necessary for property maintenance.
Batteries make equipment heavier.
Short plug-in electric equipment hinders access, reduces efficiency, and increases time on the job.
‘Hawaii does NOT currently have a recycling program or location for Lithium Batteries’.
Lithium batteries ‘can be prone to overheating and catching fire’ and ‘can lead to safety
hazards, such as fires or explosions’.
‘[W]e do not want to see [lithium batteries] discarded in our landfills as improper disposal of lithium-ion batteries can lead to environmental pollution’.
‘Chemicals within the batteries can leach into the soil and water, causing harm to ecosystems’.
⁉️ Is any of this right
While it’s true that policies should be determined by whether people will be better or worse off, and the claim of the Retail Merchants of Hawaii is that small, locally owned businesses will be economically worse off with a gas leaf blower ban; the health of these business owners, their employees, and the consumers they profit from would nonetheless be better off with a ban, whether they care or not.
Otherwise it seems that profiting from the known harms caused to consumers by the use and operation of gasoline powered leaf blowers would, at the very least, appear to violate the Aloha Spirit Law , which can be conceived as a symbolic code of conduct for businesses.
Another thing to consider is that the business of pollution impacts an already broken healthcare system (cite).
It is hard to believe that in opposition to electric equipment, ‘[r]etailers listen to what their customers ‘want’, when research data shows that 93% of Hawaiian residents are concerned about the climate and believe that ‘past warming has been caused by humans’. It is hard to believe that in a state where a clean, healthful environment is enshrined in the constitution and the words of the ancestors; and in a state that was the first to declare a climate emergency, that anyone would ‘want’ gasoline powered lawn care equipment, given that they are near-term climate polluters.
What is demonstrated with this testimony is that the Retail Merchants of Hawaii listen to what (some) of their businesses want, and this is rightly so, but many businesses want to do the right thing, and the obvious potential for economic growth, as we necessarily move towards zero emissions, is what should now be supported and legislated for by the Retail Merchants of Hawaii. Gasoline powered lawn equipment is a regrettable thing of the past that only seems to have exposed the power of money over health and welfare. The Retail Merchants of Hawaii should really now be legislating, on behalf of their businesses, for grants, rebates, trade-in programs, and loans, in keeping with our highest principle that a clean, healthful environment is an ethical obligation as well as an environmental right. The land that sustains us, also has rights.
Efficiency or modern slavery?
In context, the opportunity for economic growth that comes with electrification should not be underestimated. Prices are down; electric/battery equipment is found to be more economical over the long term; and claims of inefficiency are now considered a dead argument. (cite green lawn care workers )
If we put ‘efficiency’ in its proper context with relation to gas leaf blowers, those who are dispsoroprtionaltely harmed by gas leaf blowing (aside from children) are the economically exploited, wage slave workers who use and operate them. ‘Efficiency’ here equates to cheap labor. Four underpaid, unprotected hazard workers for one small property, wielding cheap gasoline equipment, blowing noise, air pollution, and toxic fumes all over the place at 200mph/ 100 decibels, equates to many more properties serviced within the absurd, unjust, non-stop, 11 hour use and operation window mandated by the public health department.
Efficiency, in this negative sense, contributes to significantly more fugitive dust, harmful noise, and environmental damage at the likely cost of workers’ hearing and other body organs. Is this not an appalling abuse of human rights, especially given that leaf blowing is not even necessary, regardless of the size of the property (why not leave the land alone, cite the rewilding argument from guardian)? Thus, as the Retail Merchants of Hawaii agree, the problem with electric is that battery and corded equipment mean less jobs in a day and thus, less money in the bank.
✅ This need for negative ‘efficiency’ is where the cost is prohibitive, not the cost of the equipment or inability to liquidate, since there are ways to compensate for this perceived loss of performance (money) that can be legislated in tandem with a 2027 bill to ban gas leaf blowing and string trimming; e.g. zero emissions loans, rebates, grants, tax abatement, as well as trade-in and recycling incentives, many of which are already available and, at least on its face, need only be broadened to cover liquidation and disposal of gasoline powered lawn equipment.
16 years in the making
The Retail Merchants of Hawaii inadvertently argue that it’s ok for all of us to be worst off as long as some of their members profit. Bills proposing a ban on the sale and/or use of gas leaf blowers have been making the rounds for at least 16 years! These retailers and landscape companies have had an excessive amount of time to navigate the transition to zero emissions, and so have our committees. On this, a phase out is not acceptable, an immediate ban is.
Two wrongs do not make a right.
The widespread, continuous environmental damage from gas leaf blowing is broadly accepted (cite). But it is also true, as the Retail Merchants of Hawaii claim, that lithium ion batteries, are potentially hazardous under certain conditions (like crossing the busy freeway on foot).
The unwitting argument from the Retail Merchants of Hawaii here seems to be that the environment is worse off with electric/battery leaf blowers. Because a gas leaf blower pollutes the environment (every time it is fired up), but doesn’t cause fires or leach chemicals, and because a lithium battery has the potential to cause a fire and leach chemicals; gasoline powered equipment is actually better for the environment, and by implication the sale of gas leaf blowers should not be banned. This of course does not take into account the actual problem; the disproportionate health effects on workers and children caused by these unnecessary air, noise, and climate polluters, for example. Clearly, the benefits of electric/battery operated leaf blowers outweigh their risks.
♻️ Lithium batteries can be safely recycled in Hawaii, at transfer stations, drop-off points, retailers, and through buyback programs (link).
✅ ♻️ Gas leaf blowers can safely be recycled in Hawaii, too.
https://radiusrecycling.com/locations/21/kapolei-hi
https://radiusrecycling.com/locations/124/puunene-hi
Scrap metal is one of Hawaii’s biggest exports. This does not mean that gas leaf blowers are in some sense good, or that their use and operation is justified by the fact that they can be recycled. And while the amount of scrap might seem negligible, the scrap metal value does provide another incentive for liquidation and should provide strong evidence to our legislators, as well as the Retail Merchants of Hawaii, that a ban on gas leaf blowers is morally and ethically, the right thing to do.
The Retail Merchants of Hawaii fail to convince that they will suffer irreparable economic harm (business killed); loss of profit (liquidation); or loss of customers (not what they ‘want’). These losses are part and parcel of doing business in the first place. It could happen with any product. The loss of profit would be recoverable through loans, tax rebates, and other incentives. Further, a commitment to business stewardship would invite more customers in and strengthen standing in the community, as well as demonstrating Aloha..
(v) Department of Education: cost and inefficiency
Representing the Department of Education, the Superintendent of Schools again recognizes that ‘the sound emissions from leaf blowers, string trimmers, and weed whackers have a harmful impact on public health and welfare’. Nonetheless ‘the Department is concerned about the future cost to replace the inventory of leaf blowers, string trimmers, and weed whackers for schools throughout the state including those in urban land use districts once these restrictions are put in place’.
The department is also ‘concerned about the increase in inefficiency since battery-operated handheld equipment does not operate at the commercial-grade strength necessary to maintain larger school campuses. The batteries also need to be recharged frequently and have shorter life spans’ (bold added).
⁉️ Is this right?
Although the Superintendent of Schools rightly recognises that ‘the sound emissions from leaf blowers, string trimmers, and weed whackers have a harmful impact on public health and welfare’; is the superintendent unaware of the particularly insidious harms of noise pollution from this equipment to the children under their care for the greater part of the day?
Is it morally good and ethically right that the harmful impacts on the health and welfare of children are superseded by the unnecessary need to keep the grounds they learn on free from leaves, dust, and debris, cheaply and efficiently? What about their life spans?
It is true that we cannot blame gas leaf blowers for all pollution, but we can invoke the precautionary principle, given the sheer amount of science behind the harms. Would we allow blaring stereos or smoking on school grounds? It is widely held that gas leaf blowers are the new second hand smoke.
A moral injustice: noise and air pollution disproportionately harm children
📖 Read the evidence
✅ There should be no leaf blowers of any kind on the grounds or in the vicinity [to be defined] of a school, or any facility in which children are trying to learn and teachers and care providers are trying to teach and nurture; nor should leaf blowers be allowed to be used and operated on the grounds or in the vicinity of any facility, home, or public building (including libraries and museums) in which children are receiving day care, nursery care, kindergarten, preschool, private tuition, after school care, and/or discovering, reflecting, or learning generally.
That children and infants are subjected to the constant, chronic air and noise pollution produced, in part, by the unnecessary use and operation of gasoline powered leaf blowers is a moral injustice and directly harms future generations whose rights are supposed to be protected by the constitution.