HB2174

SECTION 1. (a) The legislature finds that protecting the environment is critical for Hawaii not only as a state but also as part of the global community. Hawaii is the only island state -- located in the middle of the Pacific Ocean -- which affords the State unique advantages as well as poses tremendous challenges. Hawaii is blessed with pristine natural resources both on land and in its waters for all residents and visitors to enjoy and protect. The State is also home to a wide and extremely diverse range of unique native flora and fauna found nowhere else in the world. Many of these species are designated endangered or threatened and must be vigorously protected. The islands' natural beauty and resources need to be safeguarded now and for the future and all those who live, work, and visit here must share responsibility as caretakers of the environment. Furthermore, the beauty of Hawaii's natural resources is integral to the State's attraction to visitors. Needless to say, degradation of Hawaii's environment would cause catastrophic harm to tourism, the State's leading and most stable industry.

(b) Currently, the department of health and the department of land and natural resources are separately responsible for the bulk of the various activities and programs intended to protect Hawaii's environment. For example, the department of health enforces the following laws dealing with the environment:

(1) Environmental response law (chapter 128D, Hawaii Revised Statutes);

(2) Litter control (chapter 339, Hawaii Revised Statutes);

(3) Wastewater treatment personnel (chapter 340B, Hawaii Revised Statutes);

(4) Safe drinking water (chapter 340E, Hawaii Revised Statutes);

(5) Mandatory certification of public water system operators (chapter 340F, Hawaii Revised Statutes);

(6) Environmental quality control (chapter 341, Hawaii Revised Statutes);

(7) Air pollution control (chapter 342B, Hawaii Revised Statutes);

(8) Water pollution (chapter 342D, Hawaii Revised Statutes);

(9) Noise pollution (chapter 342F, Hawaii Revised Statutes);

(10) Integrated solid waste management (chapter 342G, Hawaii Revised Statutes);

(11) Solid waste pollution (chapter 342H, Hawaii Revised Statutes);

(12) Special wastes recycling (chapter 342I, Hawaii Revised Statutes);

(13) Hazardous waste (chapter 342J, Hawaii Revised Statutes);

(14) Underground storage tanks (chapter 342L, Hawaii Revised Statutes);

(15) Asbestos and lead (chapter 342P, Hawaii Revised Statutes);

(16) Environmental impact statements (chapter 343, Hawaii Revised Statutes); and

(17) State environmental policy (chapter 344, Hawaii Revised Statutes).

(1) Mineral and water rights (section 171-58, Hawaii Revised Statutes);

(2) The taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline (section 171-58.5, Hawaii Revised Statutes);

(3) Restoration of beach lands (part VIII, chapter 171, Hawaii Revised Statutes);

(4) Acquisition of resource value lands (chapter 173A, Hawaii Revised Statutes);

(5) State water code (chapter 174C, Hawaii Revised Statutes);

(6) Flood control and flood water conservation (chapter 179, Hawaii Revised Statutes);

(7) Dams and reservoirs (chapter 179D, Hawaii Revised Statutes);

(8) Soil and water conservation districts (chapter 180, Hawaii Revised Statutes);

(9) Soil erosion and sediment control (chapter 180C, Hawaii Revised Statutes);

(10) Strip mining (chapter 181, Hawaii Revised Statutes);

(11) Government mineral rights (chapter 182, Hawaii Revised Statutes);

(12) Forest reserves, water development, zoning (chapter 183, Hawaii Revised Statutes);

(13) Conservation district (chapter 183C, Hawaii Revised Statutes);

(14) Wildlife (chapter 183D, Hawaii Revised Statutes);

(15) State parks and recreation areas (chapter 184, Hawaii Revised Statutes);

(16) Land fire protection (chapter 185, Hawaii Revised Statutes);

(17) Tree farms (chapter 186, Hawaii Revised Statutes);

(18) Aquatic resources (chapter 187A, Hawaii Revised Statutes);

(19) Fishing rights and regulations (chapter 188, Hawaii Revised Statutes);

(20) West Hawaii regional fishery management area (chapter 188F, Hawaii Revised Statutes);

(21) Commercial fishing (chapter 189, Hawaii Revised Statutes);

(22) Marine life conservation program (chapter 190, Hawaii Revised Statutes);

(23) Ocean and submerged lands leasing (chapter 190D, Hawaii Revised Statutes);

(24) Conservation: employment programs (chapter 193, Hawaii Revised Statutes);

(25) Invasive species council (chapter 194, Hawaii Revised Statutes);

(26) Natural area reserves system (chapter 195, Hawaii Revised Statutes);

(27) Conservation of aquatic life, wildlife, and land plants (chapter 195D, Hawaii Revised Statutes);

(28) Forest stewardship (chapter 195F, Hawaii Revised Statutes);

(29) Energy resources (chapter 196, Hawaii Revised Statutes);

(30) Geothermal and cable system development (chapter 196D, Hawaii Revised Statutes);

(31) General provisions relating to aquatic resources and wildlife (chapter 197, Hawaii Revised Statutes);

(32) Conservation easements (chapter 198, Hawaii Revised Statutes);

(33) Hawaii statewide trail and access system (chapter 198D, Hawaii Revised Statutes);

(34) Conservation and resources enforcement program (chapter 199, Hawaii Revised Statutes);

(35) Civil natural resource violations (chapter 199D, Hawaii Revised Statutes);

(36) Ocean recreation and coastal areas programs (chapter 200, Hawaii Revised Statutes);

(37) Kaneohe bay regional council (chapter 200D, Hawaii Revised Statutes); and

(38) Aquaculture farms (chapter 220, Hawaii Revised Statutes).

(d) In addition, within the department of business, economic development, and tourism, the office of planning, under chapter 225M, Hawaii Revised Statutes, has jurisdiction over coastal zone management (chapter 205A, Hawaii Revised Statutes) and the department of business, economic development, and tourism administers the aquaculture loan program (chapter 219, Hawaii Revised Statutes). Furthermore, the natural energy laboratory of Hawaii authority, under chapter 227D, Hawaii Revised Statutes, facilitates research, development, and commercialization of natural energy resources and ocean-related research, technology, and industry in Hawaii.

(e) The various and complex tasks that now comprise the State's conservation and environmental protection programs can be streamlined and much more efficiently and effectively administered and enforced under a single department's jurisdiction and control. The synergy of combining all such existing programs within one new department of conservation and environmental protection can also spark innovative solutions that would, prior to consolidation, have been administratively or bureaucratically impractical.

(f) The purpose of this Act is to require the governor to analyze, review, and report to the legislature on the steps necessary to create a new department of conservation and environmental protection to encompass tasks and activities relating to conservation and environmental protection primarily performed by the departments of health and land and natural resources.

SECTION 2. Department of conservation and environmental protection; creation; review and evaluation; report. (a) The governor shall perform the following actions in preparation for the creation of a new department of conservation and environmental protection:

(1) Review and evaluate for adequacy, appropriateness, effectiveness, and efficiency all:

(A) Tasks and activities of state programs that are currently administered or carried out by the department of health, the department of land and natural resources, the department of business, economic development, and tourism, and any other department, agency, or office of state government relating to conservation and environmental protection in the State, including those listed in section 1 of this Act; and

(B) State positions and personnel currently administering or carrying out the tasks and activities described in subparagraph (A);

(2) Determine which programs and personnel under paragraph (1), either:

(A) In their entirety and existing configuration; or

(B) In a new configuration;

would need to be transferred to a single new department of conservation and environmental protection in order to provide adequate, appropriate, effective, and efficient conservation and environmental protection services; and

(3) Analyze and evaluate the effects of transferring the programs and personnel under the determined configuration in paragraph (2) into a single new department of conservation and environmental protection in terms of:

(A) Short-term costs relating to movement, location or relocation of offices, equipment, and personnel;

(B) Short-term costs of potential disruption of operations and services due to the consolidation;

(D) Increased or decreased long-term adequacy, appropriateness, effectiveness, and efficiency due to the consolidation.

(b) The governor shall report to the legislature no later than twenty days prior to the convening of the regular session of 2009, all findings and recommendations relating to the review and evaluation under subsection (a), including a comprehensive action plan containing specific and detailed steps and associated estimated costs necessary to create a new department of conservation and environmental protection according to a projected timetable.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2174
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII