THE SENATE

S.B. NO.

186

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AIR POLLUTION CONTROL.

 

 

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

 


     SECTION 1.  Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342B-    Agricultural burning of sugarcane prohibited.  (a)  No person or entity shall allow or cause the agricultural burning of sugarcane, with or without a permit.

     (b)  For purposes of this section:

     "Agricultural burning" means the use of open burning in an agricultural operation.

     "Agricultural operation" means an agricultural activity for the purpose of making a profit by cultivating, planting, or harvesting sugarcane.  Agricultural operation includes activities conducted by non-profit agricultural research organizations and by educational institutions for the purpose of providing agricultural instruction.

     "Open burning" means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air."

     SECTION 2.  Section 342B-12, Hawaii Revised Statutes, is amended to read as follows:

     "§342B-12  Specific powers of the director.  The director may:

     (1)  Establish ambient air quality standards for the State as a whole or for any part thereof;

     (2)  Establish and administer any permit program;

     (3)  Establish by rule the control of open burning, fugitive dust, and visible emissions; provided that beginning on January 1, 2018, the open burning of sugarcane and the issuance of permits for the agricultural burning of sugarcane shall be prohibited;

     (4)  Establish by rule the control of vehicular smoke emission and require the installation, use, and proper operation and maintenance of air pollution control equipment for motor vehicles;

     (5)  Establish and administer a program of inspection and testing of all modes of transportation except aircraft, to enforce compliance with applicable emission limitations when necessary and practicable, and to control or limit the operation of motor vehicular and other modes of transportation when the director finds pursuant to standards established by rules such modes of transportation are producing or pose an immediate danger of producing unacceptable levels of air pollution or when such control is necessary to meet applicable ambient air quality standards;

     (6)  Establish by rule other specific areas for control of air pollution, thereby allowing for varying conditions;

     (7)  Establish standards of performance or rules for existing, new, or modified stationary sources or adopt standards of performance for existing, new, or modified stationary sources as promulgated by the administrator;

     (8)  Establish maximum achievable control technology standards or rules for the control of hazardous air pollutants from existing, new, or modified sources or adopt maximum achievable control technology as promulgated by the administrator;

     (9)  Establish rules for the prevention of significant deterioration of air quality or adopt prevention of significant deterioration regulations as promulgated by the administrator; and

    (10)  Establish rules allowing for environmental permit shields."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2018.

 

INTRODUCED BY:

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Report Title:

Air Pollution; Sugarcane Burning; Prohibition

 

Description:

Prohibits the agricultural burning of sugarcane and the issuance of permits for the agricultural burning of sugarcane beginning on January 1, 2018.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.