SB2497

SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§342H-A Transfer of jurisdiction. No later than December 31, 2008, the jurisdiction and oversight of municipal solid waste landfills shall be transferred to the public utilities commission.

§342H-B Extensions of the use of existing landfills. No extensions on permits on the use of existing municipal sold waste landfill unit shall be granted after June 30, 2008.

§342H-C Permits for new landfills. After June 30, 2008, permits for new municipal solid waste landfill units meeting criteria, standards, and requirements under established rule shall be granted; provided that permits for new municipal solid waste landfill units shall not be granted if the proposed site for the new landfill is situated within fifteen miles or less of an existing municipal solid waste landfill unit in counties with a population of greater than 500,000."

SECTION 2. Section 342G-30, Hawaii Revised Statutes, is amended to read as follows:

"§342G-30 Records. Each operator of a municipal solid waste landfill or incineration facility shall keep records of all deliveries of solid waste to the facility, including, but not limited to, the source of the waste, the kind of waste received, and the weight or volume, or both, of the waste. The records shall be made available to the department for incineration facilities or the public utilities commission for municipal solid waste landfill facilities, and the respective county for inspection, upon request. At the request of a county, the department or commission may exempt a specific facility from this requirement, or may modify this requirement for a specific facility, if the department or commission determines that the cost of compliance is likely to exceed the value of accurate and thorough data. If the department or commission grants an exemption to a facility under this section, the public shall be notified through a statewide public notice."

SECTION 3. Section 342H-51, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Commission" means the public utilities commission."

SECTION 4. Section 342H-52, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-52[]] Prohibition. No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the [~~director.~~] commission. All permits for municipal solid waste landfill units shall be subject to [~~such~~] terms and conditions as the [~~director~~] commission determines are necessary to protect human health or the environment."

SECTION 5. Section 342H-53, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) Following closure of a municipal solid waste landfill unit, or a component of a municipal solid waste landfill unit, the owner or operator of the unit shall conduct post-closure care for a period of thirty years. The [~~director~~] commission may increase the length of the post-closure care period if the [~~director~~] commission determines that the lengthened period is necessary to protect human health and the environment. The [~~director~~] commission may decrease the length of the post-closure care period if the owner or operator of the closed municipal solid waste landfill unit demonstrates to the satisfaction of the [~~director~~] commission that the reduced period is sufficient to protect human health and the environment.

(e) Owners and operators of municipal solid waste landfill units that receive waste on or after October 9, 1993, shall comply with the financial assurance criteria that the [~~director~~] commission shall establish by rules adopted pursuant to this part. [~~Such~~] These rules shall be effective no later than April 9, 2010."

SECTION 6. Section 342H-54, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-54[]] Public participation. The [~~director~~] commission may adopt rules providing for public participation in the process of reviewing applications for permits, permit renewals, permit modifications, selection of corrective action remedies, and related matters. [~~Such~~] These rules may require applicants and permittees to be responsible for the publication of notices, making documents and relevant information available to the public for public review and comment and conducting public hearings. The rules may also include public participation provisions similar to any promulgated by the United States Environmental Protection Agency for municipal solid waste landfill permit programs. Public notices shall be given of the [~~director's~~] commission's final determination on permit applications, renewals, modifications, and selection of corrective action remedies. A public hearing may be held before the [~~director~~] commission rules on a permit application, renewal, modification, or selection of corrective action remedies if the [~~director~~] commission determines that a public hearing would be in the public interest."

SECTION 7. Section 342H-55, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-55[]] Rules; specific. The [~~director~~] commission may establish by rule the criteria, standards, and requirements relating to the location, design, construction, operation, maintenance, expansion, closure, and post-closure care of municipal solid waste landfill units. In addition, the [~~director~~] commission may establish by rule assessment monitoring, ground-water monitoring, ground-water protection, landfill gas monitoring, landfill gas collection, detection monitoring, corrective measure, remedial action, preventive action, response action, manifest, recordkeeping, notification, public meeting, deed notation, and financial assurance requirements, standards, or criteria for municipal solid waste landfill units."

SECTION 8. Section 342H-56, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-56[]] Other powers. In addition to any other power or duty prescribed by law or this part, the [~~director~~] commission may establish by rule a municipal solid waste landfill program that meets or exceeds the standards, criteria, and requirements set forth in the federal municipal solid waste landfill regulations, 40 C.F.R. Part 258."

SECTION 9. All rights, powers, functions, and duties of the department of health are transferred to the public utilities commission.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 10. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of health relating to the functions transferred to the public utilities shall be transferred with the functions to which they relate.

SECTION 11. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 12. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2497
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII