STAND. COM. REP. NO. 928-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2993
                                     S.D. 2
                                     H.D. 1




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

Sir:

     Your Committee on Energy and Environmental Protection, to
which was referred S.B. No. 2993, S.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to create an Environmental
Health Consumer Advocate (Advocate) and an Environmental Health
Consumer Advocacy Division (Division) within the Department of
Commerce and Consumer Affairs (DCCA) to provide information and
assistance to, and represent, protect, and advance the interests
of consumers on environmental health matters.

     This bill also:

     (1)  Establishes an environmental protection hotline in the
          Department of Health (DOH) to receive confidential
          reports and inquiries from the public about events that
          may adversely affect the State's environmental quality
          or ecology, as these events are taking place;

     (2)  Requires the DOH to conduct studies, research, and
          tests when legal levels of toxins are exceeded;

     (3)  Requires every builder of a new housing development of
          ten or more residential homes built on former
          agricultural lands, prior to receiving zoning or other

 
 
 
                                 STAND. COM. REP. NO. 928-00
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          permitting approval, to test the soil, pursuant to
          protocols adopted by the DOH;

     (4)  Requires that moneys from the Environmental Response
          Revolving Fund (Revolving Fund) be used to support the
          Advocate and the Division;

     (5)  Requires the Director of Health to conduct studies,
          research, and tests in communities with water quality
          levels below the standards required under the safe
          drinking water law;

     (6)  Requires the DOH to:

          (a)  Conduct a review identifying communities with a
               water supply that is poorer in quality than the
               State average; and

          (b)  Improve the water quality in these communities;

     (7)  Requires the DOH to convene a Campbell Industrial Park
          Task Force to study the number and severity of
          unplanned releases of toxic emissions and spills over
          the past ten years; and report its findings to the 2001
          Legislature;

     (8)  Requires the DOH to propose legislation that requires a
          percentage of moneys in all special funds related to
          the environment to be deposited into the Revolving
          Fund; and

     (9)  Requires the DOH to conduct a follow-up study of the
          Village Park and West Loch Fairways composite soil
          samplings.

     Citizens For A Safe Environment testified in support of this
bill.  The Hawaiian Electric Company and its subsidiary
utilities, Maui Electric Company and Hawaii Electric Light
Company, and Life of the Land supported the intent of this bill.
The DOH, DCCA, and the Ogden Energy Group, Inc., offered
comments.  Tesoro Hawaii, Rescue Hawaii, the American Crop
Protection Association, and the Land Use Research Foundation of
Hawaii opposed passage of this measure.

     Your Committee finds that:

     (1)  The DOH already conducts studies, research, and tests
          when legal levels of toxins are exceeded; and


 
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     (2)  If there are concerns or complaints about a department
          not carrying out its duties, another recourse available
          to the public is the Ombudsman's Office.

     Upon further consideration, your Committee has amended this
bill by deleting its substance, except for the provisions
relating to:

     (1)  Soil testing; and

     (2)  A review of communities with a water supply of poor
          quality;

and inserting the following provisions that:

     (1)  Expands and clarifies the role of the Environmental
          Council to include conducting investigations to secure
          information concerning ecology and environmental
          quality;

     (2)  Directs the DOH to assess the effectiveness of its
          environmental hotlines;

     (3)  Directs the Office of Planning to evaluate alternative
          means to resolve conflicts between the industrial
          activities within Campbell Industrial Park and the
          surrounding communities;

     (4)  Directs the DOH to submit an additional study on
          unplanned air releases relating to Campbell Industrial
          Park and the Kahe Area;

     (5)  Requires the Hawaii State Emergency Response Commission
          to evaluate chemical facilities statewide and
          appropriates funds for this purpose; and

     (6)  Establishes two permanent positions (planner IV and
          secretary I) within the Office of Environmental Quality
          Control.

     Your Committee has further amended this bill by expanding
the soil testing requirement to apply to all lands and not just
former agricultural lands.

     Finally, your Committee notes that pursuant to section 341-
6, Hawaii Revised Statutes, the Environmental Council has already
been tasked with the responsibility of serving as a liaison.  The
only constraint preventing it from meeting its responsibilities
is the lack of funds.

 
                                 STAND. COM. REP. NO. 928-00
                                 Page 4

 
     As affirmed by the record of votes of the members of your
Committee on Energy and Environmental Protection that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 2993, S.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2993, S.D. 2, H.D. 1, and be referred to the
Committees on Consumer Protection and Commerce and Judiciary and
Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Energy and
                                   Environmental Protection,



                                   ______________________________
                                   HERMINA M. MORITA, Chair