REPORT TITLE:
Citizen Suits


DESCRIPTION:
Allows any person, acting as a private attorney general to file a
civil action against any person, including the state and
counties, who is alleged to be in violation of environmental laws
and provides for costs, and attorneys fees.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           562
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE ENVIRONMENT.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�663-    Citizens suits to enforce environmental statutes.
 
 5 (a)  Any person may commence a civil action in the circuit court
 
 6 on the person's own behalf against any person, including
 
 7 partnerships, corporations, limited liability corporations,
 
 8 associations, public or private organizations, the State, any
 
 9 county, or any agency thereof, who is alleged to be in violation
 
10 of chapters 6E, 46, 171, 174C, 180C, 183, 183C, 184, 195, 195D,
 
11 205, 205A, 266, 342B, 342D, 342F, 342H, 342J, and 342N, and
 
12 ordinances or rules adopted under these chapters, including any
 
13 order, variance, or permit issued under these chapters.
 
14      (b)  In actions brought under subsection (a), the circuit
 
15 court shall have jurisdiction to:
 
16      (1)  Enforce the chapter, ordinance, or rules; and 
 
17      (2)  Apply any appropriate civil penalties.
 
18      (c)  Except for actions necessary to prevent imminent
 
19 endangerment to health or the environment, no action under this
 
20 section may be commenced:
 

 
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 1      (1)  Prior to sixty days after the plaintiff has given
 
 2           notice of the violation to:
 
 3           (A)  The person responsible for administering the
 
 4                applicable chapter; and
 
 5           (B)  Any alleged violator of the chapter, ordinance,
 
 6                rule, order, permit, or variance;
 
 7      (2)  If the plaintiff does not make reasonable efforts to
 
 8           arrange a meeting with the defendant and a
 
 9           representative of the agency responsible for
 
10           administering the applicable chapter within sixty days
 
11           after this notice has been served to discuss the
 
12           circumstances that gave rise to the notice and possible
 
13           settlement of the issues;
 
14      (3)  If the agency has commenced and is diligently
 
15           prosecuting a civil or administrative action to require
 
16           compliance with the chapter, ordinance, rule, order,
 
17           permit or variance, but in any such action any person
 
18           may intervene as a matter of right; or
 
19      (4)  Two years after the claim accrues except where a
 
20           violation is part of a continuing violation or pattern
 
21           of violations.
 
22      (d)  Any action under this section shall be brought only in
 
23 the judicial circuit in which the violation occurs or where the
 

 
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 1 harm is alleged to occur.
 
 2      (e)  In any action, the person responsible for administering
 
 3 the applicable chapter, if not a party, may intervene as a matter
 
 4 of right at any time in the proceeding.
 
 5      (f)  The court, in issuing any final order in any action
 
 6 brought pursuant to this section, may award costs of litigation,
 
 7 including reasonable attorney and expert witness fees to any
 
 8 prevailing or substantially prevailing plaintiff, whenever the
 
 9 court determines the award is appropriate.  The award should be
 
10 limited to the extent that there should be a reasonable
 
11 correlation between the importance of the case and the fees
 
12 awarded.  In any action against a state agency, fees shall not
 
13 exceed a total of $50,000.
 
14      (g)  Nothing in this section shall restrict any right which
 
15 any person may have under any constitutional provision, statute,
 
16 or common law to seek enforcement of any violation of any land
 
17 use or environmental law, ordinance, rule, permit, variance,
 
18 approval, or order.  Nothing in this section shall restrict any
 
19 right which any person may have under common law to seek damages
 
20 against another party whose actions have been determined to be
 
21 frivolous.
 
22      (h)  Penalties received shall be deposited into general
 
23 revenues unless the applicable statute directs that civil
 

 
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                                     S.B. NO.           562
                                                        
                                                        

 
 1 penalties be deposited elsewhere.  The court shall have
 
 2 discretion to order that in lieu of civil penalties, defendant
 
 3 provide funding for beneficial mitigation, restoration,
 
 4 management, education, or protection projects which enhance
 
 5 public health or the environment."
 
 6      SECTION 2.  New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________