HOUSE OF REPRESENTATIVES

H.B. NO.

2027

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WATER QUALITY CERTIFICATION.

 

 

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

 


     SECTION 1.  The legislature finds that the requirement for water quality certification pursuant to section 401 of the federal Clean Water Act is an important tool that protects Hawaii's water from pollutants.  Pursuant to the Clean Water Act and Hawaii law, any applicant for a federal license or permit to conduct activity that may result in any discharge into navigable waters is required to obtain water quality certification from the department of health clean water branch.

     The legislature further finds that Hawaii has some of the strictest requirements for water quality certification in the nation, particularly for minor activities that have the potential to affect only small areas or portions of waters.  Unfortunately, these requirements have needlessly increased the cost of projects without providing additional protection for Hawaii's environment.

     The legislature believes that other states provide water quality certification in a more efficient manner.  For example, Texas, Oregon, North Carolina, and California approach water quality certification using a tiered approach with deadlines and fees commensurate with the potential environmental impact and complexity of each project.

     The purpose of this Act is to require the state auditor to review the State's water quality certification process and to recommend how the water quality certification process can be improved without decreasing the ability of the department of health to protect Hawaii's water.

     SECTION 2.  (a)  The state auditor shall conduct a review of the water quality certification process of the department of health clean water branch under section 401 of the federal Clean Water Act.  The review shall include:

     (1)  Whether the efficiency of water quality certification process would improve through the implementation of tiers reflecting the potential environmental impact and complexity of each activity and if so, recommendations on how those tiers should be structured and recommended fees for each tier; and

     (2)  How the water quality certification process in Hawaii differs from approaches taken by other states and recommendations on how approaches used in other states may be incorporated into the policies of the department of health to increase efficiency without sacrificing water quality protection.

     (b)  The state auditor shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2019.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Clean Water Act; Water Quality Certification; Auditor; DOH; Clean Water Branch; Report

 

Description:

Requires the Auditor to review the water quality certification process of the Department of Health Clean Water Branch.

 

 

 

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