Drafting a New Bill for 2027 (theoretical)
A BILL FOR AN ACT
RELATING TO GASOLINE-POWERED AND ELECTRIC/BATTERY OPERATED LEAF BLOWERS AND STRING TRIMMERS
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The chronic, unnecessary, and widely harmful use and operation of gasoline powered leaf blowers and string trimmers severely impacts the collective health, welfare, safety, and quality of life of the people, natural environment, and climate of Hawaii. The uncontrolled harms from leaf blowing and string trimming are a contradiction to the constitutional right of all of us to a clean and healthful environment; they contradict the principle of Mālama ‘Āina, the duty of all of us, including government entities, to care for the land that sustains us; and contradict the Law of the Aloha Spirit, the duty of all of us, including government entities, to care for each other for the sake of our collective existence. The unchecked use and operation of gasoline powered leaf blowers and string trimmers also undermines the state’s efforts to reduce emissions 50% by 2030, thus, contradicting the state’s self-declared climate emergency. Prohibiting gasoline powered leaf blowers and string trimmers would be a high impact climate action because it would mitigate future harms, now.
Gasoline powered leaf blowing constantly pollutes the air with violent, unwanted and/or harmful sound (noise) and deadly particles and gases that - continuously dosed - damage the organs and biological functioning of Hawaii’s people, whether they care or not. Constant, escalating noise can turn disease into disability. This widespread, cumulative pollution disproportionately harms the physical growth (e.g. of lungs and hearing organs) and learning (e.g. concentration, heightened sensitivity) of our children. Using and operating a gasoline powered leaf blower and string trimmer disproportionately and unjustly harms the physical health (e.g. vibration, noise) and welfare of our low wage workers who commonly take on this work. Screaming decibels and insidious low frequency noise also disrupts the biological functioning (e.g. communication, reproduction) of already endangered wildlife, such as our forest birds. Gasoline powered leaf blowing and string trimming blows and chops small animals to bits, while decimating their habitats, in particular those of insects, which are essential to the life cycle of all of us, human and wildlife alike. Gasoline powered leaf blowing and string trimming raze the land that we are supposed to protect, leaving it open to erosion, run-off, and heated soil. Uncontrolled leaf blowing and string trimming exacerbates short-lived climate pollution with its non stop, wide ranging, and unchecked contribution to black carbon (an unregulated super pollutant) in the air.
String trimming (both gasoline powered and electric/battery operated) has also been found to release thousands of microplastics and billions of nanoplastics per minute, which, with the help of a gasoline leaf blower operating at speeds up to 200 mph, quickly make their way to our already overburdened shorelines and surrounding ocean. There is no safe string trimmer string on the market. String trimmers are unnecessary, single-use plastic polluters.
Given the size and vulnerability of our islands these widespread, evidence based impacts are not insignificant.
The legally sanctioned use and operation of gasoline powered leaf blowers and string trimmers, through our waking hours, destroys the measurable quality of life in Hawaii as it relates to pollution, frequent mental distress, and community connectedness.
There is a moral imperative here: ban gasoline powered leaf blowing and all string trimming for the sake of the greater good.
For all intents and purposes gasoline powered leaf blowers are unregulatable. The state’s maximum permissible daytime noise levels start at 55 decibels (dBA). The state requires a permit to make noise over 78 dBA; gasoline powered leaf blowers operate at 90-105 dBA, which is in the jackhammer range. The Department of Health’s Noise Section argues that the noise from leaf blowers cannot be regulated because it is a mobile source of pollution. Another argument is that leaf blowers do not commonly come with decibel rating labels on the equipment. Enforcement is not feasible.
But decibels are an inadequate measure of gasoline powered leaf blower noise. The measure of noise in dBA is localised to the bystander. Gasoline powered leaf blowers also produce low frequency noise which is not readily measurable. Low frequency noise, which is also felt, travels great distances, easily penetrating walls, closed windows, and doors, and can affect over 90 homes (and nearby schools) in a single event. Gasoline powered leaf blower noise is clearly “environmental noise” not simply “community noise”, where the state’s definition of noise is characterized as a subjective experience, which obviously cannot be regulated. Nothing under our “Community Noise Control” rules accounts for, low frequency noise.
Is it not the logical conclusion that if the known, seriously harmful, widespread, and unnecessary noise produced by gasoline powered leaf blowers cannot be regulated, then they should be prohibited?
Attempts to ban gasoline powered leaf blowers and string trimmers date to 2010. Sixteen (16) years has been enough time for the department of health, Hawaii’s retail merchants, commercial landscape companies, government entities, and residents to understand and accept the widespread harms caused by the ungoverned use and operation of gasoline powered leaf blowers and string trimmers on all of us. In consideration of the prescribed “Aloha Spirit” law; it is time for our government to immediately, fully support and enforce the transition to low decibel electric/battery operated leaf blowers and end single-use plastic string trimming. The well-being of the sovereign land of Hawaii, and all of its inhabitants, supersede a personal, economic, or inadvertently sanctioned right to pollute and ravage the land and all of us in it without knowledge or abandon.
Put simply, there are safer alternatives to gasoline powered leaf blowers, and string trimmers.
Accordingly, and in honor of Hawaiian principles, the purpose of this Act is to protect the health, welfare, safety, and quality of life of Hawaii by banning the use and operation of gasoline powered leaf blowers and all string trimmers on any property public or private, and restricting the use and operation of electric/battery operated leaf blowers.
SECTION 2. Section 342F-30.8, Hawaii Revised Statutes, is amended to read as follows:
§342F-30.8 Leaf blowers; [weed whackers] string trimmers; restrictions[.] on electric/battery operated leaf blowers; prohibition of gasoline powered leaf blowers, and all string trimmers. (a) [In any urban land use district, as designated pursuant to section 205-2,]. On any property public or private in the State, it shall be unlawful for any person to use and operate a leaf blower [within a residential zone or within one hundred feet of a residential zone] except between the hours of [8:00 a.m.] 9:00 a.m. and [7:00 p.m.] 5:00 p.m. [on any day except Sunday or a state or federal holiday] [,] on weekdays that are not a state holiday, and between the hours of [9:00 a.m.] 10:00 a.m. and [7:00 p.m.] 2:00 p.m on [Sunday] Saturday (homeowners only). [or any state or federal holiday;] It shall be unlawful for any person to use and operate a leaf blower on Sunday. Use and operation is limited to no more than 15 minutes per hour on parcels under half an acre or 30 minutes on larger parcels, and one leaf blower per parcel. [;] [provided that government entities, and agents acting on behalf of government entities, may use weed whackers during the prohibited hours in the case of an emergency as defined in section 127A-2.]
(b) It shall be unlawful to power a leaf blower with a gasoline powered generator.
(c) Leaf blowing is restricted to solid concrete, asphalt, or smooth paving. No leaf blowing on soft surfaces at any time.
(d) Beginning July 31, 2027, it shall be unlawful to use and operate a leaf blower that exceeds maximum permissible daytime noise levels of 55 dBA, on any property public or private, in any zone, pursuant in part to Haw. Code R. § 11-46-4.
[(b)] (e) Violators of restrictions (a), (b), (c), (d) shall [be fined $50] receive a courtesy letter in the form of an affidavit, to be signed and returned, for the first violation, [$100] pay a fine of $250 in addition to mandatory community service for the second violation, [$200] pay a fine of $500 in addition to mandatory community service for the third violation. [, and $500 for each subsequent violation.] Each day of each violation shall constitute a separate offense [§342F-9 Penalties].
(f) Beginning July 31, 2027, it shall be unlawful to use and operate a gasoline powered leaf blower on any property, public or private, at any time.
(g) Beginning July 31, 2027, it shall be unlawful to use and operate a gasoline powered or electric/battery operated string trimmer on any property, public or private, at any time
(h) Beginning July 31, 2027 it shall be unlawful to use and operate a leaf blower on or within 250 feet of school grounds (K-12) or any designated place of active learning and discovery, whether public or private.
[(b)] (i) Violators of prohibitions (f), (g), (h) shall [be fined $50] receive a courtesy notice in the form of an affidavit, to be signed and returned, for the first violation, [$100] pay a fine of $1,000 in addition to mandatory community service for the second violation, [$200] pay a fine of $3,000 in addition to mandatory community service for the third violation, and [$500] up to $10,000 for each subsequent violation. Each day of each violation shall constitute a separate offense. Any action taken in environmental court to impose or collect the penalty provided for in this subsection, shall be considered a civil action. [§342F-9 Penalties]
[(c)] (j) Government entities, and agents acting on behalf of government entities, shall not be subject to this section as it applies to leaf blowers.]
[(d)] (k) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers or weed whackers than are in this section. In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers or [weed whackers] string trimmers, the more restrictive requirements shall apply.
[(e)] (l) For the purposes of this section (2):
“Designated place” means any school (including before and after school program), charter school, academy, daycare center, pre-school, learning center, tuition center, library, museum, whether public or private.
“Electric/battery operated leaf blower” means any leaf blower or combination leaf blower such as a 3-in-1 tool (blower-vacuum-mulcher), “blower vac” that is powered by electricity (corded) or battery (cordless).
“Gasoline powered leaf blower” means any leaf blower or combination leaf blower such as a 3-in-1 tool (blower-vacuum-mulcher), or “blower vac”, that is powered by gasoline.
“Leaf blower” means a powered machine, single or combination, used to clear lawns, paths, streets, driveways, and other surfaces of leaves and other material by means of a high velocity air flow. It may be a hand-held, backpack, walk-behind, tow-behind, or otherwise mounted leaf blower (portable or mobile).
“Powered machinery” means leaf blower and string trimmer.
“Responsible parties” means those who have hired or otherwise recompensed the landscape, gardening, lawncare, maintenance, clearing, or construction service using and operating powered machinery that is restricted or prohibited, e.g., property owners, homeowners, Homeowner Associations (HOA), property management companies.
“Soft surfaces” (also known as softscape or landscaping) means any surface other than solid concrete, asphalt, or smooth paving, and includes bare soil, natural dirt, sandy trails, garden beds with or without any kind of flowers, shrubs, trees, vegetables, native and non-native plants, weeds, grasses, lawn, turf, topsoil, bedding soil, ground cover, mulch, unpaved ground.
“State holiday” means any day established as a state holiday in HI Rev Stat § 8-1.
“String trimmer” (also known as a weed eater, weed whacker, or line trimmer) means a machine powered by gasoline, electricity (corded), or battery (cordless) used to cut or edge grass or vegetation with a rapidly rotating nylon monofilament line. It may be hand-held, walk-behind, tow-behind, or otherwise mounted (portable or mobile).
“Use and operate” means to “leaf blow" (the action of leaf blowing mechanical or otherwise) or “string trim” (the action of string trimming mechanical or otherwise).
“Violators” means responsible parties.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 31, 2027.
Is this ‘overregulation’? Given that the state constitution provides for a clean and healthy environment, and the use of electric leaf blowers at 55 dBA, and prohibition of single-use plastic string trimmers, provides for a cleaner, healthier environment, while nonethless (1) continuing to allow people to use leaf blowers or alternative trimmers (2) providing business owners and commercial landscape companies the opportunity for economic growth and community integrity; (3) providing manufacturers the opportunity for innovation; and providing all of us the opportunity to honor Hawaiian principles through policy making, then the logical conclusion is no. Given that gasoline powered leaf blowing, and all string trimming is severely under-regulated, and as a consequence, harms the very life of the land that regulation is supposed to protect, then the conclusion is no. This is not overregulation.