Bill Text: HI SB1233 | 2010 | Regular Session | Introduced
Bill Title: Vehicle Emissions; Clean Air
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1233 Detail]
Download: Hawaii-2010-SB1233-Introduced.html
Report Title:
Vehicle Emissions; Clean Air
Description:
Directs DOH to adopt California regulations relating to reducing vehicle emissions.
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THE SENATE |
S.B. NO. |
1233 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Vehicular Emissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Carbon dioxide and other greenhouse gas emissions resulting from the burning of fossil fuels and other activities has been implicated in global climate change. If heat-trapping greenhouse gas emissions continue, current scientific consensus predicts a future very different than one to which we are accustomed, with profound consequences on Hawaii's environment and quality of life. The Pacific ocean may inundate most of Waikiki, the business district in Honolulu, and coastal resort areas on other islands. The underground aquifers that provide potable water for our residents on the major islands may become increasingly contaminated through saltwater intrusion. More severe and more frequent storms and hurricanes may strike the islands. Droughts may be more prolonged, and subtle shifts in island microclimates may rapidly increase extinctions of endangered plants and animals.
The State of California has sought to address part of this challenge by adopting the nation's strictest vehicular emissions standards. Based upon the "maximum feasible and cost-effective reduction of greenhouse gas emissions" possible, the standards require auto makers doing business in California to begin implementing clean-running technology in new vehicles by 2009 and meet more stringent emission standards by 2016. The standards call for cars and light trucks to reduce exhaust pollutants by twenty-five per cent. Larger trucks and sport utility vehicles must cut emissions by eighteen per cent.
Under the federal Clean Air Act, states may either adopt the more stringent California program for its reduced automotive emissions or adhere to federal standards. Some eighteen states have adopted California's emission standards including New York, Massachusetts, New Jersey, Connecticut, Rhode Island, Washington, Oregon, and Vermont. Together, these states have the potential to cut air pollution's public health risk significantly. They also have the potential to influence automotive technologies that impact the way cars are built today. The legislature finds that it is time for the State of Hawaii to meet the challenge of reducing global warming and set vehicular emission standards that will protect our future generations.
The purpose of this Act is to reduce the greenhouse gas emissions from Hawaii vehicles by adopting the California motor vehicle emission standards in Title 13 of the California Code of Regulations.
SECTION 2. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342B- Motor vehicle emissions standards; rules. (a) No later than January 1, 2011, the director of health shall adopt rules, pursuant to chapter 91, to implement statewide requirements for vehicle emissions and fuel efficiency that meet or exceed the standards for vehicle emissions and fuel efficiency found in the California low emission vehicle program.
(b) The rules adopted under subsection (a) shall apply to all new motor vehicles sold or offered for lease in the State with a model year of 2011 or later.
(c) The department:
(1) May implement the requirements in phases;
(2) Shall provide appropriate enforcement and administrative penalties for any manufacturer or seller that violates the rules adopted pursuant to this section; and
(3) Shall amend the rules from time to time to maintain optimum levels of emissions reduction and fuel efficiency and to maintain emission levels consistent with those specified in the California low emission vehicle program.
As used in this section, "California low emission vehicle program" means the second phase of the low emission vehicle program found in Title 13 of the California Code of Regulations, effective January 1, 2005."
SECTION 3. Section 342B-12, Hawaii Revised Statutes, is amended to read as follows:
"§342B-12 Specific powers of the director. The director may:
(1) Establish ambient air quality standards for the State as a whole or for any part thereof;
(2) Establish and administer any permit program;
(3) Establish by rule the control of open burning, fugitive dust, and visible emissions;
(4) Establish by rule the control of vehicular [smoke
emission] emissions and require the installation, use, and proper
operation and maintenance of air pollution control equipment for motor
vehicles; provided that, after January 1, 2011, vehicle emissions shall not
exceed limitations as specified in section 342B- and rules adopted thereunder;
(5) Establish and administer a program of inspection
and testing of all modes of transportation except aircraft, to enforce
compliance with applicable emission limitations when necessary and practicable,
and to control or limit the operation of motor vehicular and other modes of
transportation when the director finds pursuant to standards established by
rules [such] those modes of transportation are producing or pose
an immediate danger of producing unacceptable levels of air pollution or when [such
control is] controls are necessary to meet applicable ambient air
quality standards;
(6) Establish by rule other specific areas for control of air pollution, thereby allowing for varying conditions;
(7) Establish standards of performance or rules for existing, new, or modified stationary sources or adopt standards of performance for existing, new, or modified stationary sources as promulgated by the administrator;
(8) Establish maximum achievable control technology standards or rules for the control of hazardous air pollutants from existing, new, or modified sources or adopt maximum achievable control technology as promulgated by the administrator;
(9) Establish rules for the prevention of significant deterioration of air quality or adopt prevention of significant deterioration regulations as promulgated by the administrator; and
(10) Establish rules allowing for environmental permit shields."
SECTION 4. Section 342B-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Before December 31, 2011, the director shall adopt rules pursuant to chapter 91:
(1) Establishing greenhouse gas emission limits applicable to sources or categories of sources, to be achieved by January 1, 2020, and establishing emission reduction measures to achieve the maximum practically and technically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit; and
(2) Requiring the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this part,
to become operative beginning on January 1, 2012[.];
provided that, pursuant to section 342B- , the director shall adopt vehicular
emission limits by January 1, 2011, to be effective upon adoption."
SECTION 5. The director of health shall submit a report to the legislature summarizing the Hawaii low emission vehicle program, including any proposed legislation necessary to implement and enforce the program, no later than twenty days prior to the convening of the regular session of 2010.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon approval.
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INTRODUCED BY: |
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