HOUSE OF REPRESENTATIVES

H.B. NO.

1400

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

PROPOSED

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SOLID WASTE.

 

 

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

 


     SECTION 1.  The legislature finds that communities where landfills are located bear a disproportionately heavy burden in addressing the effects of solid waste on individuals in the community.  Odorous emissions, dust, and other health and noise hazards pose health and safety concerns for the community.  The legislature further finds that violators of environmental health laws must adhere to the laws, or face fines or other penalties for violating the laws.

     The purpose of this Act is to ensure that communities where landfills are located receive a portion of collected solid waste pollution fines and penalties.

     SECTION 2.  Section 128D-2, Hawaii Revised Statutes, is amended to read as follows:

     "§128D-2  Environmental response revolving fund; uses.  (a)  There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response, energy, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources.

     (b)  There is established within the environmental response revolving fund a separate account, to be known as the community response account, into which shall be deposited one-half of the fines and penalties pursuant to section 342H-10.5.  The moneys in the community response account shall be used for pollution prevention, pollution reduction, environmental restoration and protection, and environmental assessment initiatives directed specifically to communities where landfills are located.  The awarding of moneys to communities shall be based on criteria as determined by the department.

     [(b)] (c)  Moneys from the fund shall be expended by the department for response actions and preparedness, including removal and remedial actions, consistent with this chapter; provided that the revenues generated by the environmental response, energy, and food security tax deposited into the environmental response revolving fund:

     (1)  Shall be used:

         (A)  For oil spill planning, prevention, preparedness, education, research, training, removal, and remediation; and

         (B)  For direct support for county used oil recycling programs; and

     (2)  May also be used to support environmental protection and natural resource protection programs, including energy conservation and alternative energy development, and to address concerns related to air quality, global warming, clean water, polluted runoff, solid and hazardous waste, drinking water, and underground storage tanks, including support for the underground storage tank program of the department and funding for the acquisition by the State of a soil remediation site and facility."

     SECTION 3.  Section 342H-10.5, Hawaii Revised Statutes, is amended to read as follows:

     "§342H-10.5  Disposition of collected fines and penalties.  Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the environmental response revolving fund established by section 128D-2[.], of which one-half of the total fines and penalties collected under sections 342H-9 and 342H-10 shall be deposited into the community response account established within the environmental response revolving fund.  Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows:

     (1)  [One half] One-third to the department of the county whose officers or employees initiated and conducted the investigation; [and]

     (2)  [One half] One-third to the environmental response revolving fund established in section 128D-2[.], exclusive of the community response account established within the environmental response revolving fund; and

     (3)  One-third to the community response account established in section 128D-2 within the environmental response revolving fund."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2012.


 


 

Report Title:

Solid Waste; Environmental Response Revolving Fund; Community Response Account

 

Description:

Establishes the Community Response Account within the Environmental Response Revolving Fund into which shall be deposited one-half of the fines and penalties collected from solid waste pollution violations.  Specifies that where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to solid waste control prohibitions, the fine or penalty shall be distributed as follows:  (1) one-third to the county department where the investigation was initiated and conducted; (2) one-third into the Environmental Response Revolving Fund; and (3) one-third into the Community Response Account.  Effective July 1, 2012.  (PROPOSED HB1400 HD1)

 

 

 

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