STAND. COM. REP. NO. 1263

Honolulu, Hawaii

RE: H.B. No. 1120

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 1120, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO NUISANCES,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect public health or environmental health, or both.

Your Committee received testimony in support of this measure from the Department of Health, Hawaiʻi Reef and Ocean Coalition, Climate Protector's Hawaii, and one individual.

Your Committee received testimony in opposition to this measure from the Libertarian Party of Hawaii and one individual.

Your Committee finds that the Department of Health's responsibility to protect both public and environmental health is essential, especially as climate change increases pressures on resources and communities. Your Committee further finds that it is critical that the Department of Health has the clear legal authority and mandate to act not only in response to direct threats of disease but also when nuisances pose a risk to the public or environmental health of a community. This measure explicitly authorizes the Department of Health to prevent, abate, destroy, or remove nuisances that are dangerous or injurious to public health or environmental health, or both, to improve the overall health and well-being of the people of the State.

Your Committee has amended this measure by:

(1) Deleting language that would have defined a nuisance to include:

(A) Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; and

(B) Odors and filth resulting from a person feeding feral birds; and

(2) Making it effective upon its approval.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1120, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1120, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair