Bill Text: HI SB2109 | 2018 | Regular Session | Introduced

Hawaii Senate Bill 2109 (Prior Session Legislation)

Introduced

Bill Title: Relating To Volatile Organic Compounds.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-31 - The committee on AEN deferred the measure. [SB2109 Detail]

Download: Hawaii-2018-SB2109-Introduced.html

THE SENATE	S.B. NO.	2109
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

RELATING to volatile organic compounds.

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

SECTION 1. The legislature finds that many common household and consumer products emit volatile organic compounds (VOCs) into the air. Some VOCs may be classified as toxic or hazardous. Release of VOCs may have negative impacts on human health, especially among those with allergies or sensitivities to fragrances, as well as water quality and the health of the environment.

The purpose of this Act is to:

(1) Categorize the improper disposal of household and consumer products containing VOCs as a nuisance and require the department of health to investigate the nuisance and abate, destroy, remove, or prevent the nuisance;

(2) Require the director of health to consider the improper disposal of household and consumer products containing volatile organic compounds when identifying categories of nonpoint sources that add significant pollution to certain state waters; and

(3) Require the department of health to develop and provide information to the public on the potential dangers of volatile organic compounds, proper disposal of household and consumer products containing volatile organic compounds, and alternative unscented household and consumer products.

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

"§322-1 Removal, prevention. The department of health and its agents shall examine into all nuisances, foul or noxious odors, gases or vapors, including volatile organic compounds, 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~~] the department or brought to [~~their~~] the department's 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.

For purposes of this part, a nuisance shall include:

(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) Odors and filth resulting from a person feeding feral birds[.]; and

(3) Improper disposal of household and consumer products containing volatile organic compounds."

SECTION 3. Section 322-2, Hawaii Revised Statutes, is amended to read as follows:

"§322-2 Ordering owner to remove. Whenever any such nuisance, foul or noxious odors, gases or vapors, including volatile organic compounds, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on private property, the department of health shall cause notice to be given to the owner to remove and abate the same at the owner's own expense within such reasonable time as the department may deem proper. A duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner if residing in the State. If the owner resides out of the State or cannot be reached with notice speedily, notice left at the house or posted on the premises shall be sufficient. If the owner thus notified does not comply with the notification or order of the department, or its agent, within the time specified, the department or its agent may apply to the district court of the circuit in which the property is situated for an order authorizing the department to execute and carry out the notice or for an order to abate the nuisance and remove, destroy, or prevent the cause of the foul or noxious odors, gases or vapors, including volatile organic compounds, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to public health.

The department may recover by appropriate proceedings the expenses incurred by it in the abatement, removal, destruction, or prevention, from any person who has caused or allowed the nuisances, source of foul or noxious odors, gases or vapors, water in which mosquito larvae breed, source of filth, or cause of sickness or disease, or other thing detrimental to the public health, and from any owner, tenant, or occupant of the premises, who, after notice, has failed to abate, remove, destroy, or prevent the nuisance, source of foul or noxious odors, gases or vapors, including volatile organic compounds, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to the public health within the time specified in the notice. In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced in pursuance of this part."

SECTION 4. Section 322-3, Hawaii Revised Statutes, is amended to read as follows:

"§322-3 Nuisance on public property. Whenever any nuisance, foul or noxious odors, gases or vapors, including volatile organic compounds, water in which mosquito larvae exist, source of filth, or cause of sickness or disease is found on public property or on a public highway, street, lane, alley, or other public place, notice shall be given by the department of health, or its agent, to the person officially in charge thereof, and the person shall be notified to abate, destroy, remove, or prevent the same. In case of failure to comply with the notice, the mode of procedure shall be the same as hereinbefore provided in case of private persons in section 322-2."

SECTION 5. Section 322-4, Hawaii Revised Statutes, is amended to read as follows:

"§322-4 Entering lands, buildings, etc. Whenever any member of the department of health deems it necessary for the preservation of the lives or health of the public to enter any land, building, vessel, or aircraft for the purpose of examining into, abating, destroying, removing, or preventing any nuisance, source of foul or noxious odors, gases or vapors, including volatile organic compounds, water in which mosquito larvae exist, source of filth, or cause of sickness or disease, or other thing detrimental to the public health, and is refused such entry, the member may make complaint to the district judge in whose circuit the nuisance, source, place, or cause is, and the district judge may thereupon issue a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid, and, being accompanied by the member of the department, between the hours of sunrise and sunset, to repair to the place described in the complaint, and to abate, destroy, remove, or prevent, under the directions of the member, the nuisance, source or cause."

SECTION 6. Section 342E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other power or duty prescribed by law, the director shall:

(1) Reduce, control, and mitigate nonpoint source pollution in the State;

(2) Adopt rules under chapter 91 necessary for the purposes of this chapter, which may include water quality standards for specific areas, types of nonpoint source pollution discharges, or management measures in the control of water pollution, allowing for varying local conditions;

(3) Develop plans, recommendations, and policies, and provide other support to further the State�s capacity to carry out the requirements of any federal law, rule, or regulation pertinent to the management or mitigation of nonpoint source pollution;

(4) Work cooperatively with other state, county, and federal agencies, to facilitate the monitoring of and update the list of waters in the State that cannot reasonably be expected to attain or maintain state water quality standards and goals established under the federal Water Quality Act of 1987 (P.L. 100-4) without additional action to control nonpoint source pollution;

(5) Identify those categories of nonpoint sources that add significant pollution to the state waters identified under paragraph (4)[;], including the improper disposal of household and consumer products containing volatile organic compounds;

(6) Facilitate implementation of the best management practices, programs, and measures to control each category of nonpoint source pollution identified under paragraph (5), and encourage nonpoint source pollution mitigation practices including[,] but not limited to[,] the use of non-hazardous and unscented substances in the household and agroforestry management;

(7) Identify public and private sources of expertise, technical assistance, financial assistance, educational assistance, training, and technology transfer;

(8) Convene statewide and regional public forums involving the general public, the regulatory community, and businesses and industries that may contribute to categories of nonpoint source pollution for the purpose of establishing plans, and developing management strategies and other mitigation measures to control and manage nonpoint source pollution;

(9) Provide funding for projects to demonstrate the best available technology and best management practices for preventing and mitigating nonpoint source pollution;

(10) Provide funding for public initiative projects to encourage education and prevention measures relating to nonpoint source pollution;

(11) Propose legislation, alternate funding mechanisms, and new programs to improve the State's capacity to mitigate nonpoint source pollution; and

(12) Review environmental assessments and environmental impact statements as defined under section 343-2 for the purposes of commenting on the effects that a proposed action would have on the level of nonpoint source pollution generated in an area."

SECTION 7. The department of health shall develop and provide information to the public on the potential dangers of volatile organic compounds, proper disposal of household and consumer products containing volatile organic compounds, and alternative unscented household and consumer products.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Volatile Organic Compounds; Disposal of Household and Consumer Products; Nuisance; Nonpoint Source Pollution

Description:

Requires the department of health to investigate the improper disposal of household and consumer products containing volatile organic compounds as a nuisance and requires the department to abate, destroy, remove, or prevent the nuisance. Requires the director of health to consider the improper disposal of household and consumer products containing volatile organic compounds when identifying categories of nonpoint sources that add significant pollution to certain state waters. Requires the department of health to develop and provide information to the public on the potential dangers of volatile organic compounds, proper disposal of household and consumer products containing volatile organic compounds, and alternative unscented household and consumer products.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.