OF REPRESENTATIVES

H.C.R. NO.

272

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO REVIEW HOUSE BILL 1706, RELATING TO THE UNIFORM ENVIRONMENTAL COVENANTS ACT, AND MAKE RECOMMENDATIONS on reasonable alternatives for completing unspecified provisions.

 

WHEREAS, environmental covenants are increasingly being used as part of the environmental remediation process for contaminated real property; and

WHEREAS, environmental covenants are used to implement risk-based clean-ups controlling the potential risks presented by residual contamination; and

WHEREAS, environmental covenants may implement the policy to control potential environmental risks of residual contamination through which land restrictions, mandated environmental monitoring, and engineering controls are established; and

WHEREAS, valid environmental covenants need to be reflected in the land records and effectively enforced over time as real property servitudes; and

WHEREAS, proposed legislation, House Bill 1706, relating to establishing a Uniform Environmental Covenants Act, has been introduced; however, in a public hearing before the House Committee on Energy and Environmental Protection, there were many questions raised as to how such a law would be implemented and what government agencies should monitor and enforce such covenants; now, therefore

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Legislature requests the Legislative Reference Bureau to review House Bill 1706, relating to the Uniform Environmental Covenants Act and make recommendations on reasonable alternatives for completing unspecified provisions; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to seek assistance from the Department of Health, the Department of Land and Natural Resources, the Department of the Attorney General, the real estate sector, the banking sector, the Natural Resources Section and the Real Property Section of the Hawaii State Bar Association, and the Environmental Center of the University of Hawaii; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit findings and recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau, the Director of Health, the Chairperson of the Board of Land and Natural Resources, the President of the Hawaii State Bar Association, and the President of the University of Hawaii.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Legislative Reference Bureau to Review HB1706