Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 2375 entitled:

begs leave to report as follows:

The purpose of this bill is to discourage the illegal disposal of solid waste. This bill makes it a class C felony for any person to knowingly dispose of solid waste anywhere other than a permitted solid waste management system without the written approval of the Director of Health:

The maximum fine for this class C felony is $50,000 for each separate offense.

The Department of the Attorney General, Department of Health, Department of the Prosecuting Attorney of the City and County of Honolulu, and Land Use Research Foundation of Hawaii testified in support of this bill. The Sierra Club, Hawaii Chapter, and Windward Ahupuaa Alliance supported this measure with reservations.

Your Committee respectfully requests the Committee on Judiciary to insert a savings clause into the bill because it creates a new criminal offense.

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 H.B. No. 2375 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.