Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy, Environment, and International Affairs, to which was referred S.B. No. 788 entitled:

begs leave to report as follows:

The purpose of this measure is to provide incentive to owners and prospective purchasers of contaminated property to work voluntarily and cooperatively with the State to clean up these properties.

Testimony in support of this measure was received from the Department of Health and Hawaiian Electric Company, Inc. Testimony in opposition to this measure was received from the Sierra Club. Comments were received from the Estate of James Campbell.

Your Committee finds that the measure attempts to address the concerns of prospective owners of contaminated property by clarifying that by participation in the Voluntary Response Program they may be eligible for future exemptions from liability, and that future liability exemptions will be based on risk-based response actions. Your Committee notes that the Voluntary Response Program must remain a vital program in protecting the public from environmental hazards. Thus, your Committee encourages the Department of Health and the Sierra Club to maintain a dialogue to address concerns regarding the effectiveness of environmental protection through the Voluntary Response Program.

As affirmed by the record of votes of the members of your Committee on Energy, Environment, and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 788 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.