Bill Text: HI HB1708 | 2018 | Regular Session | Amended
Bill Title: Relating To Public Safety Of Hawaii's Water.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2018-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, Nakamura, Onishi, Woodson excused (5). [HB1708 Detail]
Download: Hawaii-2018-HB1708-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1708 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SAFETY OF HAWAII'S WATER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that maintaining and protecting the waters of the State is a matter of public health and safety. Without proper regulation, waters could become polluted or contaminated. Additionally, disasters such as unexpected increases in sea level, hurricanes, or oil spills can negatively impact state waters.
The legislature further finds that the federal Clean Water Act provides the federal government with broad authority to limit pollution in major bodies of water that are considered waters of the United States. The definition of "waters of the United States" and the scope of federal regulatory jurisdiction applicable to those waters have long been disputed. In 2015, the United States Environmental Protection Agency and the United States Army Corps of Engineers issued the federal Clean Water Rule, which defined the waters of the United States to include those waters that have a "significant nexus" to navigable rivers and the sea to qualify as protected under the federal Clean Water Act. President Trump has issued an executive order directing the United States Environmental Protection Agency and the United States Army Corps of Engineers to review the federal Clean Water Rule and publish for notice and comment a proposed rule rescinding or revising the rule. The executive order directed the United States Environmental Protection Agency and the United States Army Corps of Engineers to consider interpreting the Clean Water Act to apply strictly to navigable waters, and to non-navigable waters only if those waters are relatively permanent, standing, or flowing bodies of water. Changes to the federal Clean Water Rule could negatively impact waters in the State by altering their regulation under federal and state laws.
In response to the executive order, the United States Environmental Protection Agency, Department of the Army, and the United States Army Corps of Engineers proposed a rule to rescind the federal Clean Water Rule and to re-codify the regulatory text that existed prior to 2015 and that is currently in place as a result of the stay of the Clean Water Rule by the United States Court of Appeals for the Sixth Circuit.
The purpose of this Act is to promote public safety and health, and address water pollution or contamination risks due to disasters or other causes, by requiring the department of health to study the protection of waters in the State.
SECTION 2. (a) The department of health shall conduct a study regarding the protection of waters in the State. Within the study, the department of health shall:
(1) Identify state statutes that rely on, or are applied in conjunction with, the federal Clean Water Act, prior to the issuance of the Clean Water Rule;
(2) Identify waters in the State that are at risk of pollution or contamination due to:
(A) A natural disaster;
(B) A human-caused disaster; or
(C) Lack of sufficient regulation; and
(3) Make recommendations on how the State can prepare for and address the risks of water pollution or contamination identified under paragraph (2).
(b) The department of health 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. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 to study the protection of waters in the State.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 4. This Act shall take effect on January 28, 2045.
Report Title:
Water Protection; Disaster Preparedness; Department of Health; Appropriation
Description:
Requires
DOH to study the protection of waters in the State. The study shall identify state statutes that
rely on, or are applied in conjunction with, the federal Clean Water Act, prior
to the issuance of the Clean Water Rule; identify waters that are at risk of pollution
or contamination; and recommend how the State can prepare for and address water
pollution or contamination risks, including disasters. Appropriates moneys for the study. (HB1708 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
