REPORT TITLE:
Environmental Health


DESCRIPTION:
Establishes the Environmental Health Consumer Advocate within the
Department of Commerce and Consumer Affairs.  Establishes an
environmental protection hotline.  Requires the Department of
Health to convene a Campbell Industrial Park study group to
examine toxic emissions and spills.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2858
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE ENVIRONMENT. 


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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5              ENVIRONMENTAL HEALTH CONSUMER ADVOCATE
 
 6         -1 Environmental health consumer advocate.(a)  There
 
 7 shall be an environmental health consumer advocate within the
 
 8 department of commerce and consumer affairs to provide
 
 9 information and assistance to, and represent, protect, and
 
10 advance the interests of consumers on environmental health
 
11 matters.
 
12      (b)  The director of commerce and consumer affairs, with the
 
13 approval of the governor, shall appoint an environmental health
 
14 consumer advocate who shall not be subject to chapters 76 and 77.
 
15 The salary of the environmental health consumer advocate shall be
 
16 set by the director of commerce and consumer affairs, shall not
 
17 be more than the maximum salary of the first deputies to
 
18 department heads, and shall be paid from the environmental
 
19 response revolving fund established in section 128D-2.
 

 
Page 2                                                     2858
                                     H.B. NO.           
                                                        
                                                        

 
 1         -2 Division of environmental health consumer advocacy.
 
 2 There shall be a division of environmental health consumer
 
 3 advocacy within the department of commerce and consumer affairs
 
 4 to provide administrative support to the environmental health
 
 5 consumer advocate.  The environmental health consumer advocate
 
 6 may employ technical and environmental experts, engineers,
 
 7 accountants, investigators, clerks, stenographers, and other
 
 8 assistants as may be necessary for the performance of the
 
 9 environmental health consumer advocate, without regard to
 
10 chapters 76 and 77.  Operating and personnel costs of the
 
11 division shall be paid from the environmental response revolving
 
12 fund established in section 128D-2. 
 
13         -3 General powers; duties.(a)  The environmental
 
14 health consumer advocate shall have the authority expressly
 
15 conferred by or reasonably implied from this chapter.
 
16      (b)  The environmental health consumer advocate may:
 
17      (1)  Adopt rules pursuant to chapter 91 necessary to
 
18           effectuate this chapter.
 
19      (2)  Conduct investigations to secure information useful in
 
20           the lawful administration of any provision of this
 
21           chapter.
 
22      (3)  Assist, advise, and cooperate with federal, state, and
 
23           local agencies and officials to protect and promote the
 

 
Page 3                                                     2858
                                     H.B. NO.           
                                                        
                                                        

 
 1           interests of the consumer in environmental health
 
 2           matters.  
 
 3      (4)  Study the operation of laws affecting consumers in
 
 4           environmental health matters and recommend to the
 
 5           governor and the legislature new laws and amendments of
 
 6           laws in the consumers' interest in the area of
 
 7           environmental health.
 
 8      (5)  Organize and hold conferences on environmental health
 
 9           problems affecting consumers.
 
10      (6)  Perform such other acts as may be incidental to the
 
11           exercise of the functions, powers, and duties set forth
 
12           in this section.
 
13      (7)  Represent the environmental health interests of
 
14           consumers before any state or federal agency or
 
15           instrumentality having jurisdiction over matters which
 
16           affect those interests."
 
17      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
18 by adding a new section to part XXIV to be appropriately
 
19 designated and to read as follows:
 
20      "321-     Environmental protection hotline.  There is
 
21 established in the hazard evaluation and emergency response
 
22 office an environmental protection hotline to receive
 
23 confidential reports and inquiries from the public about events
 

 
Page 4                                                     2858
                                     H.B. NO.           
                                                        
                                                        

 
 1 that may adversely affect the State's environmental quality or
 
 2 ecology, as these events are taking place.  The identity of
 
 3 callers to the hotline and the contents of their calls shall be
 
 4 kept confidential."
 
 5      SECTION 3.  Chapter 342H, Hawaii Revised Statutes, is
 
 6 amended by adding a new section to be appropriately designated
 
 7 and to read as follows:
 
 8      "342H-    Soil and water testing.  Every builder of a new
 
 9 housing development built on former agricultural lands shall test
 
10 the housing development site's soil, including soil transported
 
11 onto the site, and water for solid waste pollution.  The test
 
12 results shall be public and transmitted to the department of
 
13 health and the environmental health consumer advocate."
 
14      SECTION 4.  Section 128D-2, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  Moneys from the fund shall be expended by the
 
17 department for response actions and preparedness, including
 
18 removal and remedial actions, consistent with this chapter;
 
19 provided that the revenues generated by the "environmental
 
20 response tax" and deposited into the environmental response
 
21 revolving fund:
 
22      (1)  Shall also be used:
 
23           (A)  For oil spill planning, prevention, preparedness,
 

 
Page 5                                                     2858
                                     H.B. NO.           
                                                        
                                                        

 
 1                education, research, training, removal, and
 
 2                remediation; [and]
 
 3           (B)  For direct support for county used oil recycling
 
 4                programs; and
 
 5           (C)  For direct support of the environmental health
 
 6                consumer advocate and the division of
 
 7                environmental health consumer advocacy; provided
 
 8                that no more than      per cent of the moneys in
 
 9                the environmental response revolving fund shall be
 
10                used for the purposes of this subparagraph; and
 
11      (2)  May also be used to address concerns related to
 
12           drinking water, underground storage tanks, including
 
13           support for the underground storage tank program of the
 
14           department and funding for the acquisition by the State
 
15           of a soil remediation site and facility." 
 
16      SECTION 5.  The department of health shall convene a
 
17 Campbell Industrial Park study group to study the following
 
18 issues:
 
19      (1)  The number and severity of unplanned releases of toxic
 
20           emissions and spills over the past six years, the
 
21           appropriateness and effectiveness of penalties for
 
22           unplanned releases of toxic emissions and spills, and
 
23           the extent to which unplanned releases of toxic
 

 
Page 6                                                     2858
                                     H.B. NO.           
                                                        
                                                        

 
 1           emissions and spills have approached or surpassed
 
 2           standards;
 
 3      (2)  The role of the community in planning for growth at
 
 4           Campbell Industrial Park, including community input in
 
 5           the various permitting and zoning processes;
 
 6      (3)  Current ambient air quality standards and prevention of
 
 7           significant deteriorating increments; and
 
 8      (4)  The process for notifying area residents of unplanned
 
 9           releases of toxic emissions.
 
10      The study group shall be composed of representatives from
 
11 the department of business, economic development, and tourism,
 
12 the city and county of Honolulu, the Makakilo/Kapolei/Honokai
 
13 Hale Neighborhood Board, the Waianae Neighborhood Board, and the
 
14 Campbell Local Emergency Action Network; the owners of facilities
 
15 operating at Campbell Industrial Park; a member of the senate
 
16 appointed by the senate president; and a member of the house of
 
17 representatives appointed by the speaker of the house.
 
18      The study group shall report its findings and
 
19 recommendations, that may include recommendations for stricter
 
20 ambient air quality standards, an improved notification process
 
21 in the event of an unplanned release of toxic emissions and
 
22 spills, and statutory and regulatory changes, in an interim
 
23 report to the legislature no later than twenty days before the
 

 
Page 7                                                     2858
                                     H.B. NO.           
                                                        
                                                        

 
 1 convening of the regular session of 2001, and in a final report
 
 2 to the legislature no later than twenty days before the convening
 
 3 of the regular session of 2002. 
 
 4      SECTION 6.  The department of health shall propose
 
 5 legislation for consideration by the 2002 legislature that
 
 6 requires a percentage of moneys in all special funds related to
 
 7 the environment to be deposited in the environmental response
 
 8 revolving fund established under section 128D-2 to defray the
 
 9 costs of the environmental health consumer advocate and the
 
10 division of environmental health consumer advocacy.
 
11      SECTION 7.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 8.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________
 
16 
 
17                                       ___________________________
 
18 
 
19                                       ___________________________
 
20                       
 
21                                       ___________________________
 
22