Report Title:

Energy and Environmental Protection; Reorganization

 

Description:

Directs the Legislative Reference Bureau to conduct a study on Hawaii's most effective and efficient options to reorganize state agencies tasked with issues relating to energy and environmental protection.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2506

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to reorganization of state agencies.

 

 

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

 


     SECTION 1.  The legislature finds that under the state constitution, the State is responsible for providing its people with a healthful environment; protecting the public health; conserving and protecting the natural beauty and natural resources of the state, including the land, water, air, minerals, and energy resources; balancing the development and conservation of the state's natural resources; and protecting the state's marine resources and water resources.  To meet these constitutional obligations, the State has set goals such as:

     (1)  Provision of dependable, efficient, and economical statewide energy systems capable of supporting the needs of the people, and increasing energy self-sufficiency and energy security;

     (2)  Reducing greenhouse gas emissions from energy supply and use;

     (3)  Prudent use of land, shoreline, and marine resources;

     (4)  Effective protection of Hawaii's unique and fragile environmental resources;

     (5)  Improving Hawaii's land, air, and water resource quality;

     (6)  Maintenance of basic public health and sanitation standards relating to treatment and disposal of solid and liquid wastes; and

     (7)  Provision of adequate water supply to accommodate domestic, agricultural, commercial, industrial, recreational, and other needs.

     The legislature further finds that the manner in which government has been structured as a result of laws enacted by the state and federal statutes and general practice over a long period of time has created organizational stovepipes that are frequently not conducive to the needs of our future.  It is recognized that the structures currently in place do not effectively respond to one of Hawaii's most critical economic and societal needs--the significant reduction of its dependence on fossil fuels for electricity generation and for transportation in a manner that makes the maximum, appropriate use of the state's diverse natural resources with the minimum negative impact upon the state's unique environment.  The responsibilities dealing with the state objectives are scattered among many different departments, boards, agencies, commissions, and task forces.  However, many of these issues relate with one another, and the expertise and knowledge of each of these resources may be better used to achieve the state's energy and environmental planning goals by consolidating or reorganizing these state resources.  

     For example, biofuel, one type of renewable energy, relates to energy resources, prudent use of land, water, and air resources, agricultural innovation, technology, and reduction of air pollution.  However, the department of agriculture, department of business, economic development, and tourism, and the department of health, along with the University of Hawaii, for the most part handle these different issues separately in a vertical fashion.  This separation of different aspects of biofuel leads to a disjointed approach to the most effective development, use, and dissemination of this invaluable resource.  Without departmental ownership of the issue, the State lacks the ability to plan comprehensively and act with the necessary agility to ensure development of the biofuel industry.

     The legislature further finds that the current lack of interagency cooperation and coordination among the federal, state, and county agencies responsible for the implementation of energy and environmental resource management functions hampers the State's achievement of these goals.  Lack of a comprehensive policy framework and accountability also add to the inefficiency.  Although government has recognized in policy the importance of developing indigenous alternative energy resources in an environmentally acceptable way, it has not created a systematic approach to transforming Hawaii's economy from one that is fossil fuel-based to one that is not.  There is a history of disconnected alternative energy research and development projects and programs, conflicting regulatory interests, bureaucratic inconsistency in resource management, unclear standards in benchmarking and measuring progress, uneven opportunities for public dialogue, and an overall lack of governmental accountability.  Finally, the agencies have not capitalized on nor coordinated resources the public is willing to contribute to environmental protection and energy resource development, resulting in a waste of community efforts.

     The purpose of this Act is to direct the legislative reference bureau to conduct a study to determine the most effective and efficient options for reorganizing the state agencies responsible for issues relating to energy and environmental protection, so that government will be prepared for the future.

     SECTION 2.  (a)  The legislative reference bureau shall conduct a study to determine the state's most effective and efficient options for reorganizing state agencies tasked with issues relating to energy and environmental protection, including commissions, boards, councils, offices, and task forces, such as:

     (1)  The department of agriculture;

     (2)  The department of business, economic development, and tourism;

     (3)  The department of health;

     (4)  The department of land and natural resources;

     (5)  The public utilities commission;

     (6)  The natural energy laboratory of Hawaii;

     (7)  The Hawaii invasive species council;

     (8)  The office of environmental quality control; and

     (9)  The Hawaii energy policy forum.

     (b)  The report shall include:

     (1)  Identification of the state's overall energy and environmental planning goals;

     (2)  Identification of the current statutorily tasked roles for energy and environmental planning in the state, including agency roles as required statutorily, and actual performance or satisfaction of these requirements, and the gaps between the two;

     (3)  Identification of the overlap between various agencies' responsibilities;

     (4)  Identification of the gap between the state's overall energy and environmental planning goals identified in paragraph (1) and the achievement of these goals by the agencies;

     (5)  An evaluation of how other states have successfully addressed the issues identified in paragraphs (3) and (4), by reorganizing and restructuring agencies, including budgetary consequences of replicating those state's structures;

     (6)  A recommendation on the most effective and efficient options available to our state to reorganize current governmental structure to best achieve the energy and environmental protection planning goals of our state, identified in paragraph (1), including but not limited to consolidating responsibilities of agencies, creating a new state department or agency, or otherwise reorganizing current state agency structure; and

     (7)  Suggesting the possible roles and responsibilities of the newly reorganized agencies, including which agency will be responsible for, among other things:

         (A)  Identification of state goals, objectives, and implementing actions for environmental quality and energy resources;

         (B)  Development of policies and an action plan and coordination of implementing state programs relating to energy resources and environmental protection;

         (C)  Assuring the preservation and enhancement of natural beauty and artificial scenic qualities;

         (D)  Prevention and abatement of air, water, land, and noise pollution;

         (E)  Ensuring a groundwater quality monitoring network to prevent contamination of groundwater resources;

          (F)  Recovery, recycling, reuse, and disposal of solid waste, including refuse, litter, and debris;

         (G)  Environmental impact statement review functions;

         (H)  Research and development on energy resources and technology, environmental quality, ecological process, pollution prevention and abatement, recycling and reusing, and environmental epidemiology;

         (I)  Enforcement of environmental protection laws; and

         (J)  Establishment and updating of administrative rules.

     (c)  The agencies affected by this study shall provide assistance and information necessary to the legislative reference bureau in achieving its purpose as required under this Act.

     (d)  The legislative reference bureau shall submit a report of its findings and recommendations, including any proposed legislation and necessary funding, to the legislature at least twenty days prior to the convening of the 2009 regular session.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2008-2009 to carry out the purposes of this Act.

     The sum appropriated shall be expended by the legislative reference bureau for the purposes of this Act.

    


     SECTION 4.  This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2008. 

 

INTRODUCED BY:

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