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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2593 |
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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 EMERGENCY RULES FOR THREATS TO NATURAL RESOURCES OR THE HEALTH OF THE ENVIRONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the unique environment and natural resources of Hawaii are threatened by invasive species, changing climates, increased resource demands, and other sources. In some cases, these threats constitute imminent peril to natural resources or to the health of the environment, requiring rapid response. The legislature has provided a means to adopt emergency rules in instances of imminent peril to public health, safety, or morals, or to livestock and poultry health, but not to natural resources or the environment.
The purpose of this Act is to provide a means for agencies to adopt emergency rules related to imminent peril to natural resources or the health of the environment. This will allow departments to respond rapidly to environmental threats.
SECTION 2. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding the foregoing, if an agency
finds that an imminent peril to the public health, safety, or morals, [or]
to livestock and poultry health, or to natural resources or the health of
the environment requires adoption, amendment, or repeal of a rule upon less
than thirty days' notice of hearing, and states in writing its reasons for such
finding, it may proceed without prior notice or hearing or upon such
abbreviated notice and hearing, including posting the abbreviated notice and
hearing on the Internet as provided in section 91-2.6, as it finds practicable
to adopt an emergency rule to be effective for a period of not longer than one
hundred twenty days without renewal."
SECTION 3. Section 91-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each
rule hereafter adopted, amended, or repealed shall become effective ten days
after filing with the lieutenant governor in the case of the State, or with the
respective county clerks in the case of the counties[.]; provided
that:
(1) If a later effective date is required by statute or specified in the rule, the later date shall be the effective date; provided that no rule shall specify an effective date in excess of thirty days after the filing of the rule as provided herein.
(2) An emergency rule
shall become effective upon filing with the lieutenant governor in the case of
the State, or with the respective county clerks in the case of the counties,
for a period of not longer than one hundred twenty days without renewal unless
extended in compliance with the provisions of [subdivisions] paragraphs
(1) and (2) of section 91-3(a), if the agency finds that immediate adoption of
the rule is necessary because of imminent peril to the public health, safety,
or morals[.], or to natural resources or the health of the
environment. The agency's finding and brief statement of the reasons
therefor shall be incorporated in the rule as filed. The agency shall make an
emergency rule known to persons who will be affected by it by publication at
least once in a newspaper of general circulation in the State for state
agencies and in the county for county agencies within five days from the date
of filing of the rule."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Administrative Procedure; Emergency Rules
Description:
Broadens the conditions under which emergency rules may be adopted to include instances of imminent peril to natural resources or the health of the environment. (HB2593 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.