Bill Text: HI HB955 | 2012 | Regular Session | Introduced

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Bill Title: Health; Air Pollution; Nuisance

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB955 Detail]

Download: Hawaii-2012-HB955-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	955
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 

     SECTION 1.  Section 46-17, Hawaii Revised Statutes, is amended to read as follows:

     "§46-17  Regulation of certain public nuisances.  (a)  Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance.  No such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply, with the exception that:

     (1)  An ordinance shall not be effective to the extent that it is inconsistent with any permit for agricultural burning granted by the department of health under authority of chapter 342B, or to the extent that it prohibits, subjects to fine or injunction, or declares to be a public nuisance any agricultural burning conducted in accordance with such a permit; and

     (2)  An ordinance shall not be effective to the extent that it is inconsistent with any noise rule adopted by the department of health under authority of chapter 342F.

     (b)  A county shall investigate and notify the state department of health of any report of an actual or suspected source of air pollution, as defined in section 342B-1, for purposes of section 322-1, without regard to whether the actual or suspected air pollutant is a regulated air pollutant under section 342B-11."

     SECTION 2.  Section 322-1, Hawaii Revised Statutes, is amended to read as follows:

     "§322-1  Removal, prevention.  (a)  The department of health and its agents shall examine into all nuisances, foul or noxious odors, gases or vapors, water in which mosquito larvae exist, sources of filth, and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to health, and into any and all conditions created or existing which cause or tend to cause sickness or disease or to be dangerous or injurious to health, and shall cause the same to be abated, destroyed, removed, or prevented.

     (b)  For purposes of this section, a nuisance shall include [toxic]:

     (1)  Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine[.]; and

     (2)  Foul or noxious odors, gases, or vapors such as those emanating from buildings."

     SECTION 3.  Section 342B-41, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342B-41[]]  Inspection of premises.  (a)  The director, in accordance with the law, may enter and inspect any building or place to investigate an actual or suspected source of air pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval granted by the department pursuant to this chapter, and to make reasonable tests in connection therewith.  No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of air pollution shall be disclosed by the official or employee except as it relates directly to air pollution and then only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment.

     (b)  The director, upon receipt of a complaint of foul or noxious odors, gases, or vapors emanating from a building may enter and inspect any building or place to investigate an actual or suspected source of air pollution for purposes of subsection (a) or for the existence of a nuisance under section 322-1."

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

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Health; Air Pollution; Nuisance

 

Description:

Requires a county to investigate and notify the state department of health of a report of possible nuisance involving air pollution; clarifies that a nuisance includes foul or noxious odors, gases, or vapors, including those emanating from buildings; allows the director of health, upon receipt of a complaint of foul or noxious odors, gases, or vapors emanating from buildings, to enter and inspect any building or place to investigate an actual or suspected source of air pollution or for the existence of a nuisance.

 

 

 

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