REPORT TITLE:


DESCRIPTION:



 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CLEAN AIR.



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

 1      SECTION 1.  The legislature finds that current fees for air
 
 2 pollution control cover only the cost of administering the
 
 3 permits and ensuring that sources do not exceed agreed upon
 
 4 amounts.  There is no money dedicated to mitigate the actual
 
 5 release of the dangerous greenhouse gases or other air
 
 6 pollutants.  Fees imposed for this purpose could be used to
 
 7 improve the air quality in Hawaii, through such measures as
 
 8 forestation projects, and to establish a system to trade carbon
 
 9 credits, which would attract utilities outside Hawaii looking for
 
10 those credits.  Additionally, wildland fires release large amount
 
11 of pollutants into the air that can threaten people's health in
 
12 the affected areas.  An effective wildland fire protection
 
13 program can also help mitigate current CO2 emissions by
 
14 maintaining and expanding the carbon bank that is sequestered in
 
15 Hawaii's forests rather than being destroyed by wildfires.
 
16      The purpose of this Act is to allow the director to set and
 
17 collect fees for the actual mitigation of greenhouse gases
 
18 released by air pollution covered sources, which can be used for
 
19 such purposes as creating carbon sinks through carbon off-set
 

 
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 1 forestry projects; establishing a system to trade carbon credits;
 
 2 wildland fire prevention and suppression; and other air pollution
 
 3 control measures.
 
 4      SECTION 2.  Section 342B-12, Hawaii Revised Statutes, is
 
 5 amended by adding a new paragraph to read as follows:
 
 6      "§342B-12 Specific powers of the director.  The director
 
 7 may:
 
 8      (1)  Establish ambient air quality standards for the State
 
 9           as a whole or for any part thereof;
 
10      (2)  Establish and administer any permit program;
 
11      (3)  Establish by rule the control of open burning, fugitive
 
12           dust, and visible emissions;
 
13      (4)  Establish by rule the control of vehicular smoke
 
14           emission and require the installation, use, and proper
 
15           operation and maintenance of air pollution control
 
16           equipment for motor vehicles;
 
17      (5)  Establish and administer a program of inspection and
 
18           testing of all modes of transportation except aircraft,
 
19           to enforce compliance with applicable emission
 
20           limitations when necessary and practicable, and to
 
21           control or limit the operation of motor vehicular and
 
22           other modes of transportation when the director finds
 

 
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 1           pursuant to standards established by rules such modes
 
 2           of transportation are producing or pose an immediate
 
 3           danger of producing unacceptable levels of air
 
 4           pollution or when such control is necessary to meet
 
 5           applicable ambient air quality standards;
 
 6      (6)  Establish by rule other specific areas for control of
 
 7           air pollution, thereby allowing for varying conditions;
 
 8      (7)  Establish standards of performance or rules for
 
 9           existing, new, or modified stationary sources or adopt
 
10           standards of performance for existing, new, or modified
 
11           stationary sources as promulgated by the administrator;
 
12      (8)  Establish maximum achievable control technology
 
13           standards or rules for the control of hazardous air
 
14           pollutants from existing, new, or modified sources or
 
15           adopt maximum achievable control technology as
 
16           promulgated by the administrator;
 
17      (9)  Establish rules for the prevention of significant
 
18           deterioration of air quality or adopt prevention of
 
19           significant deterioration regulations as promulgated by
 
20           the administrator;[and]
 
21      (10) Establish rules allowing for environmental permit
 
22           shields[.]; and
 

 
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 1      (11) Establish by rule climate change fees for covered
 
 2           sources to mitigate the impacts of global greenhouse
 
 3           gas emissions, including but not limited to the
 
 4           reasonable costs of:
 
 5           (A)  reducing air pollution;
 
 6           (B)  addressing issues related to global climate
 
 7                change;
 
 8           (C)  reforestation and wildland fire prevention and
 
 9                suppression;
 
10           (D)  creating, managing, and accounting of carbon sinks
 
11                established through carbon-offset forestry
 
12                projects; and
 
13           (E)  establishing carbon banks or other financial
 
14                instruments to expedite the trading of carbon
 
15                credits in Hawaii."
 
16      SECTION 3.  Section 342B, Hawaii Revised Statutes, is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 
19      "§342B-    Climate change special fund.  There is created a
 
20 climate change special fund account into which shall be deposited
 
21 all monies collected pursuant to section 342B-12(11).  Monies in
 
22 this account may be used for the purpose of:
 

 
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 1           (A)  reducing air pollution;
 
 2           (B)  addressing issues related to global climate
 
 3                change;
 
 4           (C)  reforestation and wildland fire prevention and
 
 5                suppression;
 
 6           (D)  creating, managing, and accounting of carbon sinks
 
 7                established through carbon-offset forestry
 
 8                projects; and
 
 9           (E)  establishing carbon banks or other financial
 
10                instruments to expedite the trading of carbon
 
11                credits in Hawaii."
 
12      SECTION 4.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 5.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY: ________________________
 

 
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