STAND. COM. REP. NO. 1151_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1024
                                     S.D. 3
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Energy and Environmental Protection, to
which was referred S.B. No. 1024, S.D. 3, entitled: 

     "A BILL FOR AN ACT RELATING TO ENVIRONMENT,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Bring all management practices relating to water
          pollution, domestic sewage, animal wastewater, and
          recycled water under the water pollution law (Chapter
          342D, Hawaii Revised Statutes (HRS));

     (2)  Transfer the certification of private cesspool pumping
          firms to the Department of Health (DOH);

     (3)  Enable DOH to evaluate the impact of releases and
          spills on Hawaii's complex ecosystems by authorizing
          DOH to establish a permanent exempt position for an
          ecological risk assessor; and

     (4)  Extend the environmental review provisions to encompass
          the proposed use of land subject to discretionary
          approval by a state or county agency, except in cases
          of minimal or no significant effects.

     The DOH, the Office of Planning, the Western States
Petroleum Association, and the Sierra Club, Hawaii Chapter

 
 
                                 STAND. COM. REP. NO. 1151_______
                                 Page 2

 
testified in support of this measure.  The City and County of
Honolulu Department of Planning and Permitting, the Farmers
Livestock Cooperative, and the Hawaii Pork Industry Association
opposed this bill.  The County of Maui Department of the
Corporation Counsel, the County of Kauai Department of Public
Works, and the City and County of Honolulu Department of
Environmental Services offered amendments.  The University of
Hawaii at Manoa Environmental Center submitted comments.

     Testifying on Part III of this bill (which extends the
environmental review provisions to include proposed uses of land
subject to discretionary approvals) were:

     (1)  The Office of Environmental Quality Control (in
          support);

     (2)  The Department of Land and Natural Resources, the Land
          Use Research Foundation of Hawaii, Hawaiian Electric
          Company and its subsidiaries, Maui Electric Company and
          Hawaii Electric Light Company, The Chamber of Commerce
          of Hawaii, and the Hawaii Agriculture Research Center
          (in opposition); and

     (3)  The Land Use Commission (with concerns).

     Your Committee has deleted the entire provisions of Part I
which brings all management practices under the water pollution
law and transfers the certification of private cesspool pumping
firms to DOH.  It should be noted that a similar House bill is
moving through the Senate.

     Your Committee has also deleted the provisions in Part III
relating to discretionary approvals.  Since this proposal
constitutes a significant amendment to the environmental impact
statement law, your Committee believes that a comprehensive
review of the provisions of Chapter 343, HRS, is a more
responsible course of action.  A House Resolution that addresses
this specific issue will be considered later this session.

     Your Committee has further amended this bill by including
factors to be considered when determining civil and
administrative penalties regarding the state water pollution law.
Since these provisions are similar to those found in the Federal
Clean Water Act, these amendments will promote consistency
between the State Water Pollution law and the Federal law.

     The provisions relating to the ecological risk assessor was
clarified by requiring that the duties of that position shall
bear a rational nexus to the intent and purposes of Chapter 128D,

 
                                 STAND. COM. REP. NO. 1151_______
                                 Page 3

 
HRS.  This will help to ensure the proper use of the moneys in
the Environmental Response Revolving Fund.

     Finally, a new part was inserted that:

     (1)  Adds a new license category for environmental health
          services professionals; and

     (2)  Makes "housekeeping" amendments to Chapter 321, HRS
          (DOH).

Language for this new part was taken from H.B. No. 1137 which
your Committee approved earlier this session.

     As affirmed by the record of votes of the members of your
Committee on Energy and Environmental Protection that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 1024, S.D. 3, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 1024, S.D. 3, H.D. 1, and be referred to the
Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Energy and
                                   Environmental Protection,



                                   ______________________________
                                   HERMINA M. MORITA, Chair