REPORT TITLE: 
Environmental health


DESCRIPTION:
Requires soil testing pursuant to protocols adopted by the
Department of Health.  Requests a variety of studies, including
the Hawaii State Emergency Response Commission to evaluate
safety of chemical facilities statewide.  Expands duties of the
Environmental Council to include conducting investigations to
secure information concerning ecology and environmental quality.
(SB2993 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2993
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE ENVIRONMENT.



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

 1      SECTION 1.  Chapter 342H, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§342H-    Soil testing.  Every builder of a new housing
 
 5 development of ten or more residential homes built prior to
 
 6 receiving zoning or other permitting approval, shall test the
 
 7 housing development site's soil, including soil transported onto
 
 8 the site, pursuant to protocols adopted by the department.  The
 
 9 test results shall be public and transmitted to the department."
 
10      SECTION 2.  Section 341-6, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§341-6 Functions and duties of the environmental council.
 
13 The council [shall]:
 
14      (1)  Shall serve as a liaison between the director and the
 
15           general public by soliciting information, opinions,
 
16           complaints, recommendations, and advice concerning
 
17           ecology and environmental quality through public
 
18           hearings or any other means and by publicizing such
 
19           matters as requested by the director pursuant to
 
20           section 341-4(b)(3)[.  The council may];
 

 
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 1      (2)  May make recommendations concerning ecology and
 
 2           environmental quality to the director and shall meet at
 
 3           the call of the council chairperson or the director
 
 4           upon notifying the council chairperson[.  The council
 
 5           shall];
 
 6      (3)  Shall monitor the progress of state, county, and
 
 7           federal agencies in achieving the State's environmental
 
 8           goals and policies and with the assistance of the
 
 9           director shall make an annual report with
 
10           recommendations for improvement to the governor, the
 
11           legislature, and the public no later than January 31 of
 
12           each year.  All state and county agencies shall
 
13           cooperate with the council and assist in the
 
14           preparation of such a report by responding to requests
 
15           for information made by the council[.  The council
 
16           may];
 
17      (4)  Shall conduct investigations to secure information
 
18           concerning ecology and environmental quality as may be
 
19           necessary for the purposes of this chapter; and
 
20      (5)  May delegate to any person such power or authority
 
21           vested in the council as it deems reasonable and proper
 
22           for the effective administration of this section and
 
23           chapter 343, except the power to make, amend, or repeal
 
24           rules."
 

 
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 1      SECTION 3.  The department of health shall assess the
 
 2 effectiveness of its environmental hotlines in carrying out their
 
 3 intended purposes and shall report its findings and
 
 4 recommendations to the legislature no later than twenty days
 
 5 prior to the convening of the regular session of 2001.
 
 6      SECTION 4.  The department of health shall conduct a review
 
 7 identifying communities with a water supply that is poorer in
 
 8 quality than the average for the State.  The department shall
 
 9 develop and implement recommendations to improve the quality of
 
10 water in these communities and report its findings and
 
11 recommendations to the legislature no later than twenty days
 
12 before the convening of the regular session of 2001.
 
13      SECTION 5.  The office of planning shall evaluate
 
14 alternative means to resolve conflicts between the existing and
 
15 planned industrial activities within Campbell Industrial Park and
 
16 the concerns of the neighboring communities, including Kapolei,
 
17 Makakilo, and Ko Olina, regarding toxic emissions and spills,
 
18 noise, smells, and other public health concerns.  The
 
19 alternatives shall include various land use controls such as
 
20 buffer zones.
 
21      The office shall report its findings and recommendations to
 
22 the legislature no later than twenty days prior to the convening
 
23 of the regular session of 2001.
 

 
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 1      SECTION 6.  Pursuant to a finding in Campbell Industrial
 
 2 Park/Kahe Area Ambient Air Quality Assessment Study (March 1999)
 
 3 on the need to conduct an additional study on unplanned air
 
 4 releases, the department of health shall submit its analysis of
 
 5 this study to the legislature no later than twenty days prior to
 
 6 the convening of the regular session of 2001.
 
 7      SECTION 7.  (a)  The Hawaii state emergency response
 
 8 commission shall determine the level of risk that chemical
 
 9 facilities throughout the State may pose to the public and the
 
10 environment by reviewing the following:
 
11      (1)  The type, volume, and toxicity of chemicals on site at
 
12           the facilities;
 
13      (2)  The level of danger that a spill or release of the
 
14           chemicals may pose to employees of the facility,
 
15           residents of the immediate surrounding area, the water
 
16           table, and the environment;
 
17      (3)  Historical reports on past spills or releases at the
 
18           facilities;
 
19      (4)  The adequacy of existing measures to determine when a
 
20           spill is taking place; and
 
21      (5)  The adequacy of emergency measures, including manpower,
 
22           equipment, and other resources, to mitigate any spill
 
23           or release of chemicals.
 

 
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 1      The commission shall conduct a preliminary assessment of
 
 2 chemical facilities statewide.  Based on this preliminary review,
 
 3 the commission shall identify the twenty chemical facilities that
 
 4 may pose the greatest risks to human health and the environment
 
 5 for further study.  The commission shall then conduct an in-depth
 
 6 evaluation of each of these chemical facilities.
 
 7      (b)  The commission shall report its findings and
 
 8 recommendations, including proposed rules and legislation if
 
 9 necessary, to reduce the risks of chemical spills or releases to
 
10 the legislature no later than twenty days prior to the convening
 
11 of the regular session of 2002.  The commission shall cease to
 
12 exist on June 30, 2002.
 
13      SECTION 8.  There is appropriated out of the environmental
 
14 response revolving fund the sum of $     or so much thereof as
 
15 may be necessary for fiscal year 2000-2001 for the Hawaii state
 
16 emergency response commission's report on reducing the risks of
 
17 chemical spills or releases.
 
18      The sum appropriated shall be expended by the department of
 
19 health for the purposes of this Act.
 
20      SECTION 9.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of:
 
22      (1)  $       or so much thereof as may be necessary for
 
23           fiscal year 2000-2001 to establish a permanent, full-
 
24           time equivalent (1.00 FTE) planner IV position; and
 

 
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 1      (2)  $       or so much thereof as may be necessary for
 
 2           fiscal year 2000-2001 to establish a permanent, full-
 
 3           time equivalent (1.00 FTE) secretary I position;
 
 4 to be assigned to the office of environmental quality control.
 
 5      The sums appropriated shall be expended by the department of
 
 6 health to carry out the purposes of this Act.
 
 7      SECTION 9.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 10.  This Act shall take effect upon its approval,
 
10 except that sections 8 and 9 shall take effect on July 1, 2000.