REPORT TITLE: 
Environmental health


DESCRIPTION:
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 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2993
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 2
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.  Section 341-6, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§341-6 Functions and duties of the environmental council.
 
 4 The council [shall]:
 
 5      (1)  Shall serve as a liaison between the director and the
 
 6           general public by soliciting information, opinions,
 
 7           complaints, recommendations, and advice concerning
 
 8           ecology and environmental quality through public
 
 9           hearings or any other means and by publicizing such
 
10           matters as requested by the director pursuant to
 
11           section 341-4(b)(3)[.  The council may];
 
12      (2)  May make recommendations concerning ecology and
 
13           environmental quality to the director and shall meet at
 
14           the call of the council chairperson or the director
 
15           upon notifying the council chairperson[.  The council
 
16           shall];
 

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

 
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 1 prior to the convening of the regular session of 2001.
 
 2      SECTION 3.  The office of planning shall evaluate
 
 3 alternative means to resolve conflicts between the existing and
 
 4 planned industrial activities within Campbell Industrial Park and
 
 5 the concerns of the neighboring communities, including Kapolei,
 
 6 Makakilo, and Ko Olina, regarding toxic emissions and spills,
 
 7 noise, smells, and other public health concerns.  The
 
 8 alternatives shall include various land use controls such as
 
 9 buffer zones.
 
10      The office shall report its findings and recommendations to
 
11 the legislature no later than twenty days prior to the convening
 
12 of the regular session of 2001.
 
13      SECTION 4.  Pursuant to a finding in Campbell Industrial
 
14 Park/Kahe Area Ambient Air Quality Assessment Study (March 1999)
 
15 on the need to conduct an additional study on unplanned air
 
16 releases, the department of health shall submit its analysis of
 
17 this study to the legislature no later than twenty days prior to
 
18 the convening of the regular session of 2001.
 
19      SECTION 5.  (a)  The Hawaii state emergency response
 
20 commission shall assess the risk posed to the public and the
 
21 environment by facilities with above ground chemical storage
 
22 tanks throughout the state by reviewing the following:  
 
23      (1)  The type, volume, and toxicity of chemicals on site at
 

 
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 1           the facilities;
 
 2      (2)  The level of danger that a spill or release of the
 
 3           chemicals may pose to employees of the facility,
 
 4           residents of the immediate surrounding area, the water
 
 5           table, and the environment;
 
 6      (3)  Historical reports on past spills or releases at the
 
 7           facilities;
 
 8      (4)  The adequacy of existing measures to determine when a
 
 9           spill is taking place; and
 
10      (5)  The adequacy of emergency measures, including manpower,
 
11           equipment, and other resources, to mitigate any spill
 
12           or release of chemicals.
 
13      The commission shall conduct a preliminary assessment of
 
14 chemical facilities statewide.  Based on this preliminary review,
 
15 the commission shall identify the twenty chemical facilities that
 
16 may pose the greatest risks to human health and the environment
 
17 for further study.  The commission shall then conduct an in-depth
 
18 evaluation of each of these chemical facilities.
 
19      (b)  The commission shall report its findings and
 
20 recommendations, including proposed rules and legislation if
 
21 necessary, to reduce the risks of chemical spills or releases to
 
22 the legislature no later than twenty days prior to the convening
 
23 of the regular session of 2002.
 

 
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 1      SECTION 6.  There is appropriated out of the environmental
 
 2 response revolving fund the sum of $     or so much thereof as
 
 3 may be necessary for fiscal year 2000-2001 for the Hawaii state
 
 4 emergency response commission's report on reducing the risks of
 
 5 chemical spills or releases.
 
 6      The sum appropriated shall be expended by the department of
 
 7 health for the purposes of this Act.
 
 8      SECTION 7.  There is appropriated out of the general
 
 9 revenues of the State of Hawaii the sum of:
 
10      (1)  $       or so much thereof as may be necessary for
 
11           fiscal year 2000-2001 to establish a permanent, full-
 
12           time equivalent (1.00 FTE) planner IV position; and
 
13      (2)  $       or so much thereof as may be necessary for
 
14           fiscal year 2000-2001 to establish a permanent, full-
 
15           time equivalent (1.00 FTE) secretary I position;
 
16 to be assigned to the office of environmental quality control.
 
17      The sums appropriated shall be expended by the department of
 
18 health to carry out the purposes of this Act.
 
19      SECTION 8.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 9.  This Act shall take effect on July 1, 2050.