STAND. COM. REP. NO.  2040

Honolulu, Hawaii

                , 2007

RE:   H.R. No. 130

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.R. No. 130 entitled:

"HOUSE RESOLUTION REQUESTING A LEGISLATIVE BRIEFING ON THE COUNTIES' WASTEWATER PROBLEMS AND ISSUES,"

beg leave to report as follows:

     The purpose of this House resolution is to increase the Legislature's awareness and knowledge regarding the wastewater collection, treatment, and disposal systems of the counties by requesting the House Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs to jointly schedule a briefing on the counties' wastewater problems and issues.

     The Mayor of the City and County of Honolulu testified and requested amendments to this resolution.

     Your Committees find that if the United States Environmental Protection Agency (EPA) denies the City and County of Honolulu (C&C's) request for 301(h) waivers, Honouliuli Wastewater Treatment Plant and Sand Island Wastewater Treatment Plant are faced with major improvement projects.  The EPA has issued a tentative waiver denial for the Honouliuli Plant and is expected to deny the waiver request for the Sand Island Plant.  Denials would require over a billion dollars to be spent for improvements to met EPA requirements and DOH's water quality standards. C&C has been working earnestly and in good faith with EPA and DOH to settle the disputes in a manner that will allow C&C to pursue a prudent and reasonable course of action to resolve C&C's long-standing wastewater challenges.

     Your Committees find that the complexity and magnitude of the wastewater problems facing C&C would best be resolved by a global settlement between the regulators and C&C, as opposed to time consuming and costly litigation.  A global settlement approach has also been encouraged by Hawaii's Congressional Delegation.  Accordingly, your Committees have amended this House resolution by substituting its contents with, among other things:

     (1)  A title that reads as follows:

"REQUESTING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND STATE OF HAWAII DEPARTMENT OF HEALTH TO PURSUE A GLOBAL SETTLEMENT OF OUTSTANDING WASTEWATER ISSUES WITH THE CITY AND COUNTY OF HONOLULU";

     (2)  Background information that supports the request for a global settlement; and

     (3)  A directive to transmit the amended resolution to the Governor, Director of Health, Regional Administrator of Region IX of the United States Environmental Protection Agency, and members of Hawaii's Congressional Delegation.

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs that are attached to this report, your Committees concur with the intent and purpose of H.R. No. 130, as amended herein, and recommend its adoption in the form attached hereto as H.R. No. 130, H.D. 1.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________ KEN ITO, Chair

____________________________ HERMINA MORITA, Chair