Report Title:

Greenhouse Gas Emissions; State Agencies; Department Heads

Description:

Requires state department heads to promote policies and regulations that will decrease the release of greenhouse gas emissions.

THE SENATE	S.B. NO.	1077
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to greenhouse gas emissions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that climate change due to human-produced greenhouse gas emissions is a serious issue that must be addressed to protect our health and environment.     In 2001, the Intergovernmental Panel on Climate Change reported that most of the global warming observed over the last fifty years is largely attributable to human activities.  Our greenhouse gas emissions come mostly from energy use.  These are driven largely by economic growth, fuel used for electricity generation, and weather patterns affecting heating and cooling needs.  Energy-related carbon dioxide emissions, resulting from petroleum and natural gas, represent eighty-two per cent of total United States human-made greenhouse gas emissions

This growth may be reduced by ongoing efforts to increase the use of newer, cleaner technologies and other measures.  Additionally, our everyday choices about such things as commuting, housing, electricity use, and recycling can influence the amount of greenhouse gases being emitted.

The purpose of this Act is to bring the State into the forefront of environmental change by setting an example and promoting policies and regulations within the state departments and agencies that will decrease the release of greenhouse gas emissions.

     SECTION 2.  Section 26-38, Hawaii Revised Statutes, is amended to read as follows:

"§26-38  Powers and duties of heads of departments. (a)  Except as otherwise provided by this chapter, every power and duty conferred by law and required to be performed by any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State existing immediately prior to November 25, 1959, shall hereafter be exercised and performed by the head of the respective department established by this chapter, whether the head of the department be a single executive, board, or commission.

     Except as otherwise provided by this chapter, the head of a department may assign any function vested in [his] the department to any subordinate officer or employee as [he deems] deemed desirable.  With the approval of the governor, the head of a department may establish or abolish within [his] the department any division or other administrative unit to achieve economy and efficiency and in accord with sound administrative principles and practices and procedures.

     The head of each department may prescribe regulations for the administration of [his] the department, for the conduct of its employees, for the performance of its business, and for the custody, use, and preservation of records, equipment, and other property pertaining thereto; provided that the regulations shall not be inconsistent with the requirements of chapters 76, 91, and 92, or rules [promulgated] adopted by the governor, or other laws of the State.

(b)  The head of each department, through planning processes, regulations, and permit applications, shall decrease greenhouse gas emissions where feasible."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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