STAND. COM. REP. NO. 1072-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2993
                                     S.D. 2
                                     H.D. 2




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Consumer Protection and Commerce and
Judiciary and Hawaiian Affairs, to which was referred S.B. No.
2993, S.D. 2, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

beg leave to report as follows:

     The purposes of this measure are to: 

     (1)  Clarify the functions and duties of the Environmental
          Council, specifically to conduct investigations to
          secure information concerning ecology and environmental
          quality; 

     (2)  Require the Department of Health (DOH) to assess the
          effectiveness of its environmental hotlines and
          reporting its findings to the legislature; 

     (3)  Require the Office of Planning to evaluate alternative
          means to resolve conflicts between the existing and
          planned industrial activities regarding toxic emissions
          and spills, noise, smells, and other public health
          concerns within Campbell Industrial Park;

     (4)  Require the hawaii state emergency response commission
          to study and determine the level of risk that
          facilities with above ground chemical storage tanks may
          pose to the public from toxic emissions and spills; and

 
 
                                 STAND. COM. REP. NO. 1072-00
                                 Page 2

 
     (5)  Request for an appropriation out of the environmental
          response revolving fund to carry out this Act.

     Your Committees support the protection of the public's
health and welfare as it relates to environmental health matters.

     Testimony was received in support of this measure from Ogden
Energy Group, Inc., and Life of the Land.  Hawaiian Electric
Company, Inc., supports the overall intent of the measure
although they have some concerns.  The Office of Environmental
Quality Control supports sections 2 and 9 of this bill.  The Land
Use Research Foundation of Hawaii and Gentry Homes opposed this
measure, and specifically opposed the soil testing requirements.
Comments were provided by the DOH and Tesoro Hawaii Corporation.

     Following consideration and review of the testimony, your
Committees have amended this measure by:

     (1)  Deleting section 1, to eliminate soil testing; 

     (2)  Deleting section 4, requiring the DOH to conduct a
          review identifying communities with poorer quality
          water supply than the average for the State;

     (3)  Rewriting the definition of "chemical facility" of
          section 7, subsection (a), to include "The Hawaii state
          emergency response commission shall assess the risk
          posed to the public and the environment by facilities
          with above ground chemical storage tanks throughout the
          state by reviewing the following:...";

     (4)  Deleting from section 7, subsection (b), the sentence
          "The commission shall cease to exist on June 30,
          2002."; and  

     (5)  Changing the effective date to July 1, 2050, to ensure
          further discussions.

     As affirmed by the records of votes of the members of your
Committees on Consumer Protection and Commerce and Judiciary and
Hawaiian Affairs that are attached to this report, your
Committees are in accord with the intent and purpose of S.B. No.
2993, S.D. 2, H.D. 1, as amended herein, and recommend that it be
referred to the Committee on Finance in the form attached hereto
as S.B. No. 2993, S.D. 2, H.D. 2.


 
 
 
                                 STAND. COM. REP. NO. 1072-00
                                 Page 3

 
                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Consumer
                                   Protection and Commerce and
                                   Judiciary and Hawaiian
                                   Affairs,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Chair            RON MENOR, Chair