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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1879 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ONE CALL CENTER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 72, Session Laws of 2009, amended the definition of "excavation" to exempt certain activities of pest control operators licensed under chapter 460J, Hawaii Revised Statutes, from prohibitions of certain actions and reporting and other requirements by the one call center because pest control operators do not present the risks to underground facilities that the one call center was designed to address. Although the exemption is scheduled to expire on June 30, 2012, the legislature finds that there have been no adverse consequences as a result of this exemption and that this exemption should therefore be made permanent.
The purpose of this Act is to clarify and make permanent the exemption for certain activities of pest control operators from the definition of "excavation" under the one call center law.
SECTION 2. Section 269E-2, Hawaii Revised Statutes, is amended by amending the definition of "excavation" to read as follows:
""Excavation" means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following: grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. "Excavation" shall not include any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives as part of:
(1) Improving an existing principal place of residence for one or two families, or improving or constructing an appurtenance thereto, on a parcel of land two acres or less in size, zoned for residential use, which is used or occupied or is developed, devoted, intended, or permitted to be used or occupied as a principal place of residence for one or two families; or
(2) Any pest control activity regulated under chapter
460J[.] that is not performed under contract with any state or county
agency or entity."
SECTION 3. Act 72, Session Laws of Hawaii 2009, is amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect on
June 29, 2009[; provided that section 2 of this Act be repealed on June 30,
2012 and section 269E-2, Hawaii Revised Statutes, shall be reenacted in the
form in which it read on June 28, 2009]."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 3000.
Report Title:
One Call Center; Pest Control Operators; Exemption
Description:
Makes permanent the exclusion of pest control operators' activities from the definition of "excavation". Effective January 1, 3000. (HB1879 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.