STAND. COM. REP. NO. 166

Honolulu, Hawaii

, 2005

RE: H.B. No. 12

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 12 entitled:

"A BILL FOR AN ACT RELATING TO CLEAN WATER,"

begs leave to report as follows:

The purpose of this bill is to protect the State's clean water by:

(1) Requiring that all necessary precautions be taken to prevent sediment from entering state waters;

(2) Increasing the penalty for clean water violations from $25,000 to $40,000;

(3) Allowing citizen suits for violations of these provisions; and

(4) Allowing the court to award litigation costs to the prevailing or substantially prevailing party.

The Sierra Club, Hawaii Chapter, and numerous concerned individuals testified in support of this measure. A concerned individual supported this measure with amendments. The University of Hawaii Environment Center supported the intent of the measure. The Department of Agriculture, Department of Health, Hawaii Agriculture Research Center, Alexander & Baldwin, Inc., and Hawaii Farm Bureau Federation opposed this measure. The Land Use Research Foundation of Hawaii offered comments.

Your Committee would like to clarify that this bill is not intended to apply to farmers who adhere to sound cultivation practices, nor any land disturbing activity that is in compliance with plans and procedures approved by the governing county authority. The Legislature recognizes that any land disturbing activity, however responsibly conducted, could result in mud runoffs when followed by heavy rainfall. A critical element in the control of mud runoffs is the degree to which the counties administer their ordinances, including the approval of grading permits, inspections, and enforcement. The Chair of this Committee intends to pursue this issue and if necessary, initiate a concurrent resolution to address any related problems.

Your Committee has amended this bill by:

(1) Clarifying that the bill is not intended to apply to farmers who adhere to sound cultivation practices, nor any land disturbing activity that is in compliance with plans and procedures approved by the governing county authority, since any land disturbing activity, however responsibly conducted, could result in mud runoffs when followed by heavy rainfall;

(2) Requiring that all necessary permits be obtained and permit conditions be complied with to minimize sediment movement into state waters;

(3) Deleting the provision that small farms shall not be fined more than $100 per violation;

(4) Clarifying the scope of "land disturbing activities";

(5) Adding the condition that citizen suits cannot be commenced until 60 days after a written complaint has been initiated and received by the Director of Health;

(6) Changing the effective date to July 1, 2015, to encourage further discussion; and

(7) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 12, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 12, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,

 

____________________________

EZRA R. KANOHO, Chair