STAND. COM. REP. NO. 2409

Honolulu, Hawaii

RE:    S.B. No. 2842

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Energy and Environment, to which was referred S.B. No. 2842 entitled:

"A BILL FOR AN ACT RELATING TO LIGHTING,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Phase out and ban the use of energy-inefficient lighting, especially those products with lead and high mercury content;

     (2)  Establish a state lighting efficiency standard for general purpose lights;

     (3)  Require the use of ENERGY STAR labeled lamps in agency buildings and facilities; and

     (4)  Direct the Department of Health to develop a statewide recycling program for recycling mercury-containing compact fluorescent bulbs.

     Testimony in support of this measure was submitted by the Director of Business, Economic Development, and Tourism; Hawaiian Electric Company Inc., and its subsidiaries, Maui Electric Company, and Hawaii Electric Light Company, Inc.; and the Sierra Club.  Testimony in opposition to this measure was submitted by the Director of Health.  Comments were submitted by the Attorney General, State of Hawaii.

     Your Committee finds that by integrating new and evolving technologies in lighting into the State's energy infrastructure, this measure supports Hawaii's energy future and the goal of energy self-sufficiency for the State of Hawaii.

     The Sierra Club has suggested to your Committee that the lighting standard provision of this measure should be placed in chapter 196, Hawaii Revised Statutes.

     The Attorney General, State of Hawaii has suggested to your Committee that proposed section 342J-B(d), Hawaii Revised Statutes, within the measure contains a flaw which misapplies the intended penalties for violations.

     Accordingly, your Committee has amended this measure by:

     (1)  Reformatting the structure of the measure by moving the lighting standard provision to chapter 196, Hawaii Revised Statutes;

     (2)  Adjusting the application of the penalties to achieve the legislative intent; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2842, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2842, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Energy and Environment,

____________________________

RON MENOR, Chair