HCR105

WHEREAS, there is evidence that the planet's climate is becoming warmer, with potentially catastrophic effects on coastal areas and global weather patterns; and

WHEREAS, many scientists believe that a significant cause of global warming is the increase in emissions of greenhouse gases caused by human activity, including carbon dioxide and carbon monoxide emissions from burning fossil fuels, which trap heat inside the Earth's atmosphere; and

WHEREAS, Hawaii would be directly affected by any increase in global warming, as scientific evidence suggests outcomes of rising sea level, changes in the frequency and strength of storms, climate variability, and loss of biodiversity, among other things; and

WHEREAS, vehicles are a major source of air pollution with vehicle emissions contributing between 35 and 70 percent of all ozone-forming emissions and at least 90 percent of all carbon monoxide emissions; and

WHEREAS, vehicle tailpipe emissions from cars and trucks account for almost a third of all air pollution in the United States; and

WHEREAS, while the federal Clean Air Act was enacted to reduce air pollution, by among other things, reducing vehicle emissions, California had adopted their own more stringent vehicle emission standards prior to its enactment; and

WHEREAS, section 209(a) of the federal Clean Air Act, which reads:

[n]o State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No State shall require certification, inspection, or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment[,]

prohibits any state from adopting or enforcing a set of vehicle emission standards different from the federal standards of the Clean Air Act; and

WHEREAS, section 209(b)(1) of the Clean Air Act, which reads:

The Administrator shall ... waive application of this section to any State which has adopted standards ... for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards[,]

allows California to enforce its own more stringent standards contained in Title 13 of the California Code of Regulations; and

WHEREAS, section 177 of the Clean Air Act, which reads:

[n]otwithstanding section 209(a), any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other actions as are referred to in section 209(a) respecting such vehicles ...,

requires states to fail national ambient air quality standards for the ozone prior to adopting the standards that California has adopted which are more stringent than federal vehicle emission standards; and

WHEREAS, Hawaii, due to location and prevailing wind conditions, is currently blessed with the cleanest air on Earth; and

WHEREAS, the State of Hawaii is unable to adopt California's more stringent vehicle emission standards under the federal Clean Air Act because its ambient air quality is not below the federal threshold for adopting California's standards; and

WHEREAS, while it is understandable that the federal government is concerned about the cost to the automobile manufacturing industry of compliance with multiple standards; and

WHEREAS, the cost of compliance to the automobile manufacturing industry is not likely to increase from the adoption of California's stringent vehicle emission standards by high air quality states, but should in fact be more cost-efficient for the automobile manufacturing industry because of the increased demand for cars that meet the California standard, and will be an incentive for the manufacturers to make all of their cars to meet the more stringent standards; and

WHEREAS, if the federal Clean Air Act is amended to allow states to adopt California's stringent emission standards without having to meet the necessary threshold of air pollution, the State of Hawaii would be able to adopt California's more stringent vehicle emission standards and help reduce greenhouse gas emissions; and

WHEREAS, as the effects of global warming are expected to affect our state in many ways, the ability of our state to adopt the more stringent standards to reduce greenhouse gas emissions also affects the ability our state to control the quality of our lives; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Congressional delegation of Hawaii is urged to introduce and support federal legislation enabling the State of Hawaii to adopt California's more stringent vehicle emissions levels regardless of Hawaii's pollution levels; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the members of Hawaii's Congressional delegation.

	OFFERED BY:	_____________________________

Report Title:

Requesting federal legislation on vehicle emissions standards

HOUSE OF REPRESENTATIVES	H.C.R. NO.	105
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII