Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 662, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to clarify and strengthen criminal penalties on the disposal of hazardous waste.

Supportive testimony was submitted by the Department of Health and the Hawaii Agriculture Research Center.

Your Committee finds that this bill will increase the effectiveness of Hawaii's Hazardous Waste Program (Program). In recent years, the Program has encountered many instances of hazardous waste or used oil generators abandoning leased properties. Landowners are then left to dispose of the waste and remediate or clean up the contaminated site. Often, repeat offenders leave contaminated sites behind, and even if found, the responsible party often files bankruptcy or claims no assets, leaving no recourse for the State.

The current criminal penalty of imprisonment is limited to the maximum period for a misdemeanor -- a term not greater than one year. Your Committee believes that longer jail terms will serve as a strong incentive for persons to adhere to Hawaii's pollution laws.

After careful consideration, your Committee has amended this bill by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 662, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 662, H.D. 2.