THE SENATE

S.B. NO.

1295

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GREENHOUSE GAS EMISSION RULES.

 

 

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

 


     SECTION 1.  Act 234, Session Laws of Hawaii 2007, required that the director of health adopt rules, by December 31, 2011, to achieve reductions of greenhouse gas emissions "based upon the recommendations and findings of the work plan created" by the greenhouse gas emission reduction task force that the Act also created.  The task force's final report and work plan to the legislature did not specify a regulatory air pollution control scheme for the department of health to adopt and specifically recognized the need to coordinate state efforts with ongoing United States Environmental Protection Agency developments.  The Environmental Protection Agency continues to adopt new regulations regarding greenhouse gases, both as to reporting and emission controls.

     The legislature finds that the department needs flexibility to adopt greenhouse gas rules after national requirements become clearer and a regulatory structure has been developed by the State.  The purpose of this Act is to extend the deadlines provided in Act 234 for the adoption of greenhouse gas emission rules, thereby providing the department of health with the flexibility it needs to regulate the greenhouse gas emissions and to incorporate a reporting requirement.

     SECTION 2.  Section 342B-72, Hawaii Revised Statutes, is amended to read as follows:

     "§342B-72  Greenhouse gas emissions limits; rules.  (a)  Before [December 31, 2011,] June 30, 2012, the director shall adopt rules pursuant to chapter 91:

     (1)  Establishing greenhouse gas emission limits applicable to sources or categories of sources, to be achieved by January 1, 2020, and establishing emission reduction measures to achieve the maximum practically and technically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit; and

     (2)  Requiring the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this part, to become operative beginning on [January 1, 2012.] July 1, 2012.

     (b)  The director, to the extent feasible to achieve the statewide greenhouse gas emissions limit, [shall] may adopt rules pursuant to chapter 91 and this section based upon the recommendations and findings of the work plan created pursuant to section 6 of Act 234, Session Laws of Hawaii 2007.

     (c)  Any rule adopted by the director pursuant to this section shall ensure all of the following:

     (1)  The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the director; and

     (2)  If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this part.

     (d)  The director shall periodically review and update state emission reporting requirements and endeavor to make the requirements consistent with the requirements of international, federal, and other states' greenhouse gas emission reporting programs, as necessary.

     (e)  After [January 1, 2012,] July 1, 2012, the director may revise rules adopted pursuant to this section and adopt additional rules to further this part."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2011.

 



 

Report Title:

Greenhouse Gas; Emissions

 

Description:

Extends the deadline for the department of health to adopt rules to implement a greenhouse gas emission reduction plan from December 31, 2011, to June 30, 2012.  (SD1)

 

 

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