REPORT TITLE:
Environmental Health


DESCRIPTION:
Establishes the environmental health consumer advocate within the
DCCA.  Establishes an environmental protection hotline.  Requires
the DOH to convene a Campbell Industrial Park task force and
appropriates funds for a task force study.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2993
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
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.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5              ENVIRONMENTAL HEALTH CONSUMER ADVOCATE
 
 6      §   -1 Environmental health consumer advocate.(a)  There
 
 7 shall be an environmental health consumer advocate within the
 
 8 department of commerce and consumer affairs to provide
 
 9 information and assistance to, and represent, protect, and
 
10 advance the interests of consumers on environmental health
 
11 matters.
 
12      (b)  The director of commerce and consumer affairs, with the
 
13 approval of the governor, shall appoint an environmental health
 
14 consumer advocate who shall not be subject to chapters 76 and 77.
 
15 The salary of the environmental health consumer advocate shall be
 
16 set by the director of commerce and consumer affairs, shall not
 
17 be more than the maximum salary of the first deputies to
 
18 department heads, and shall be paid from the environmental
 
19 response revolving fund established in section 128D-2.
 

 
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 1      §   -2 Division of environmental health consumer advocacy.
 
 2 There shall be a division of environmental health consumer
 
 3 advocacy within the department of commerce and consumer affairs
 
 4 to provide administrative support to the environmental health
 
 5 consumer advocate.  The environmental health consumer advocate
 
 6 may employ technical and environmental experts, engineers,
 
 7 accountants, investigators, clerks, stenographers, and other
 
 8 assistants as may be necessary for the performance of the
 
 9 environmental health consumer advocate, without regard to
 
10 chapters 76 and 77.  Operating and personnel costs of the
 
11 division shall be paid from the environmental response revolving
 
12 fund established in section 128D-2. 
 
13      §   -3 General powers; duties.(a)  The environmental
 
14 health consumer advocate shall have the authority expressly
 
15 conferred by or reasonably implied from this chapter.
 
16      (b)  The environmental health consumer advocate may:
 
17      (1)  Adopt rules pursuant to chapter 91 necessary to
 
18           effectuate this chapter;
 
19      (2)  Conduct investigations to secure information useful in
 
20           the lawful administration of any provision of this
 
21           chapter;
 
22      (3)  Assist, advise, and cooperate with federal, state, and
 
23           local agencies and officials to protect and promote the
 

 
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 1           interests of the consumer in environmental health
 
 2           matters;  
 
 3      (4)  Study the operation of laws affecting consumers in
 
 4           environmental health matters and recommend to the
 
 5           governor and the legislature new laws and the amendment
 
 6           of existing laws in the consumers' interest in the area
 
 7           of environmental health;
 
 8      (5)  Organize and hold conferences on environmental health
 
 9           problems affecting consumers;
 
10      (6)  Perform such other acts as may be incidental to the
 
11           exercise of the functions, powers, and duties set forth
 
12           in this section; and
 
13      (7)  Represent the environmental health interests of
 
14           consumers before any state or federal agency or
 
15           instrumentality having jurisdiction over matters which
 
16           affect those interests."
 
17      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
18 by adding two new sections to part XXIV to be appropriately
 
19 designated and to read as follows:
 
20      "§321-     Environmental protection hotline.  There is
 
21 established in the department of health an environmental
 
22 protection hotline to receive confidential reports and inquiries
 
23 from the public about events that may adversely affect the
 

 
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 1 State's environmental quality or ecology, as these events are
 
 2 taking place.  All information reported to the hotline shall be
 
 3 transmitted to the environmental health consumer advocate.  The
 
 4 identity of callers to the hotline and the contents of their
 
 5 calls shall be kept confidential.
 
 6      §321-     Toxins levels exceeded; study required.  The
 
 7 department of health shall conduct studies, research, and tests
 
 8 when legal levels of toxins are exceeded."
 
 9      SECTION 3.  Chapter 342H, Hawaii Revised Statutes, is
 
10 amended by adding a new section to be appropriately designated
 
11 and to read as follows:
 
12      "§342H-    Soil testing.  Every builder of a new housing
 
13 development of ten or more residential homes built on former
 
14 agricultural lands, prior to receiving zoning or other permitting
 
15 approval, shall test the housing development site's soil,
 
16 including soil transported onto the site, pursuant to protocols
 
17 adopted by the department.  The test results shall be public and
 
18 transmitted to the department and the environmental health
 
19 consumer advocate."
 
20      SECTION 4.  Section 128D-2, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  Moneys from the fund shall be expended by the
 
23 department for response actions and preparedness, including
 

 
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 1 removal and remedial actions, consistent with this chapter;
 
 2 provided that the revenues generated by the "environmental
 
 3 response tax" and deposited into the environmental response
 
 4 revolving fund:
 
 5      (1)  Shall also be used:
 
 6           (A)  For oil spill planning, prevention, preparedness,
 
 7                education, research, training, removal, and
 
 8                remediation; [and]
 
 9           (B)  For direct support for county used oil recycling
 
10                programs; and
 
11           (C)  For direct support of the environmental health
 
12                consumer advocate and the division of
 
13                environmental health consumer advocacy; provided
 
14                that no more than      per cent of the moneys in
 
15                the environmental response revolving fund shall be
 
16                used for the purposes of this subparagraph; and
 
17      (2)  May also be used to address concerns related to
 
18           drinking water, underground storage tanks, including
 
19           support for the underground storage tank program of the
 
20           department and funding for the acquisition by the State
 
21           of a soil remediation site and facility." 
 
22      SECTION 5.  Section 340E-2, Hawaii Revised Statutes, is
 
23 amended by amending subsection (c) to read as follows:
 

 
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 1      "(c)  The director shall adopt and implement procedures for
 
 2 the enforcement of State Primary Drinking Water Regulations,
 
 3 including monitoring, inspection, and recordkeeping procedures,
 
 4 that comply with regulations established by the administrator
 
 5 pursuant to the Federal Act.  The director shall conduct studies,
 
 6 research, and tests in communities with water quality levels
 
 7 below the standards required by this chapter."
 
 8      SECTION 6.  The department of health shall conduct a review
 
 9 identifying communities with a water supply that is poorer in
 
10 quality than the average for the State.  The department shall
 
11 develop and implement recommendations to improve the quality of
 
12 water in these communities and report to the legislature no later
 
13 than twenty days before the convening of the regular session of
 
14 2001.
 
15      SECTION 7.  The department of health shall convene a
 
16 Campbell Industrial Park task force to study:
 
17      (1)  The number and severity of unplanned releases of toxic
 
18           emissions and spills over the past ten years, the
 
19           appropriateness and effectiveness of current laws,
 
20           rules, and penalties governing releases of toxic
 
21           emissions and spills, and the extent to which unplanned
 
22           releases of toxic emissions and spills have approached
 
23           or surpassed standards;
 

 
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 1      (2)  The role of the community in planning for growth at
 
 2           Campbell Industrial Park, including community input in
 
 3           the various permitting and zoning processes;
 
 4      (3)  Current ambient air quality standards and the
 
 5           prevention of significant deteriorating increments; 
 
 6      (4)  The process for notifying area residents of unplanned
 
 7           releases of toxic emissions;
 
 8      (5)  The need for aboveground storage tank procedures and
 
 9           requirements for hazardous materials;
 
10      (6)  Aboveground storage tank requirements in other states;
 
11      (7)  Applicable insurance, industry trade association, or
 
12           other industry standards regarding aboveground storage
 
13           tanks; 
 
14      (8)  The role of the fire department in a tank inspection
 
15           program, including resource and program cost
 
16           requirements; and
 
17      (9)  The need for a requirement that facilities handling or
 
18           dealing in chemicals, gasoline, wastes, and other
 
19           potentially toxic substances file a spill prevention
 
20           plan with the department of health.
 
21      The task force shall be composed of representatives from the
 
22 the city and county of Honolulu, the Makakilo/Kapolei/Honokai
 
23 Hale Neighborhood Board, the Waianae Neighborhood Board, and the
 

 
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 1 Campbell Local Emergency Action Network; a representative of the
 
 2 owners of facilities operating at Campbell Industrial Park; the
 
 3 Hawaii state emergency response commission; a representative of
 
 4 the Honolulu fire department hazmat unit; the local emergency
 
 5 planning committees; a member of the senate appointed by the
 
 6 senate president; a member of the house of representatives
 
 7 appointed by the speaker of the house; and a member of the
 
 8 Honolulu city council appointed by the council chairperson.
 
 9      The task force shall report its findings and
 
10 recommendations, which may include recommendations for stricter
 
11 ambient air quality standards, an improved notification process
 
12 in the event of an unplanned release of toxic emissions and
 
13 spills, and statutory and regulatory changes, in an interim
 
14 report to the legislature no later than twenty days before the
 
15 convening of the regular session of 2001, and in a final report
 
16 to the legislature no later than twenty days before the convening
 
17 of the regular session of 2002.  The task force shall cease to
 
18 exist on June 30, 2002.
 
19      SECTION 8.  There is appropriated out of the environmental
 
20 response revolving fund the sum of $       , or so much thereof
 
21 as may be necessary for fiscal year 2000-2001, to conduct the
 
22 Campbell Industrial Park task force study required under section
 
23 7 of this Act.
 

 
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 1      SECTION 9.  The sum appropriated shall be expended by the
 
 2 department of health for the purposes of this Act.
 
 3      SECTION 10.  The department of health shall propose
 
 4 legislation for consideration by the 2002 legislature that
 
 5 requires a percentage of moneys in all special funds related to
 
 6 the environment to be deposited in the environmental response
 
 7 revolving fund established under section 128D-2, Hawaii Revised
 
 8 Statutes, to defray the costs of the environmental health
 
 9 consumer advocate and the division of environmental health
 
10 consumer advocacy.
 
11      SECTION 11.  The department of health shall conduct a
 
12 follow-up study of the Village Park and West Loch Fairways
 
13 composite soil samplings that involves individual testing of
 
14 homes to identify and measure toxins present in specific
 
15 residences.  The department, with the assistance of Citizens for
 
16 a Safe Environment and Life of the Land, shall report its
 
17 findings and recommendations to the legislature no later than
 
18 twenty days before the convening of the regular session of 2001.
 
19      SECTION 12.  Statutory material to be repealed is 
 
20 bracketed.  New statutory material is underscored.
 
21      SECTION 13.  This Act shall take effect upon its approval,
 
22 provided that sections 8 and 9 shall take effect on July 1, 2000.