STAND. COM. REP. NO. 975

Honolulu, Hawaii

, 2005

RE: S.B. No. 788

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 788 entitled:

"A BILL FOR AN ACT RELATING TO THE VOLUNTARY RESPONSE PROGRAM,"

begs leave to report as follows:

The purpose of this measure is to clarify certain provisions of the voluntary response program law to protect against the release or potential release of hazardous substances, pollutants, or contaminants in the environment.

This measure clarifies the exemption from future liability to the Department of Health of a party that undertakes a voluntary response action under an agreement with the Department of Health. The measure further allows the Department of Health to reduce or waive a response fee for a public or nonprofit agency.

Your Committee has amended this measure by:

(1) Adding a provision to section 128D-40, Hawaii Revised Statutes, specifying that the exemption from future liability to the Department of Health will not be effective if a prospective purchaser fails to comply with the terms and conditions specified in the letter of completion from the Department of Health;

(2) Adding a conforming amendment to section 128D-39(c), Hawaii Revised Statutes;

(3) Changing the effective date to facilitate further discussion on this matter; and

(4) Making technical nonsubstantive changes for clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 788, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 788, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair