SB2253

THE SENATE	S.B. NO.	2253
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO AN environmental crimes education program.

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

SECTION 1. Act 212, Session Laws of Hawaii 1989, created a comprehensive scheme to battle waste pollution in Hawaii, including solid waste pollution. The solid waste pollution law prohibits the operation of an open dump and dumping of a certain amount of materials without the approval of the director of health and provides for civil and criminal penalties for violations.

Enforcement under the solid waste pollution law has been hampered by both a lack of staff and education aimed at training staff to identify violations. The environmental crimes unit consists of only two deputy attorneys general and two department of health investigators. Further, the department of health has the authority to delegate investigatory powers for solid waste pollution to the counties. The legislature finds that investigators require focused educational opportunities in order to maximize their abilities to locate and identify violations of the solid waste pollution law.

Educational programs designed to enhance enforcement of solid waste pollution laws support environmental protection and address concerns related to solid waste. The legislature finds that moneys to implement and administer this important state effort should come from the environmental response revolving fund. As of fiscal year 2006, the fund contained $5,887,360.

The purpose of this Act is to create and fund an environmental education program to educate county law enforcement officers and designated county department personnel in carrying out their duties in investigating environmental crime.

SECTION 2. Section 342H-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-3[]] Duties; rules; appointment of hearings officers[.]; environmental education program. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate solid waste pollution in the State. In the discharge of this duty, the director may make, amend, and repeal state rules controlling and prohibiting solid waste. All rules shall be adopted pursuant to chapter 91. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.

(b) In addition to other specific powers provided in this chapter, the director may appoint without regard to chapter 76, hearings officers to conduct public participation activities including public hearings and public informational meetings.

(c) There is established an environmental education program whose purpose is to educate county law enforcement officers or designated county personnel on proper and thorough methods of investigating potential violations of this section. Each county shall designate personnel to attend the training and then serve as a county resource for detecting solid waste disposal violations."

SECTION 3. There is appropriated out of the environmental response revolving fund the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to create an environmental education program and for staff necessary to carry out the work of this program, including payment for travel expenses.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2008, and shall be repealed on July 1, 2013; provided that section 342H‑3, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval of this Act.

INTRODUCED BY:	_____________________________