Bill Text: HI SB2342 | 2012 | Regular Session | Introduced

---

Bill Title: Roadway Particulate Matter Pollution; Emissions; Re-entrained Particles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-15 - (S) The committee on TIA deferred the measure. [SB2342 Detail]

Download: Hawaii-2012-SB2342-Introduced.html

---

THE SENATE	S.B. NO.	2342
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ROADWay particulate matter pollution control.

 

 

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

 

     SECTION 1.  The legislature finds that roadway particulate matter pollution, which is disbursed into the environment from the dust and debris emanating from road materials as motor vehicle tires traverse over pavement, is a serious environmental threat.  Roadway particulate matter pollution enters Hawaiian waters as storm water runoff, causing harm to fisheries, live coral reefs, and agriculture and aquaculture production.  Stormwater runoff from roadways contain many pollutants and metals, including zinc from tires and barium, cadmium, nickel, copper, lead, zinc, and antimony from brakes.  Stormwater runoff of pollutants and metals has been documented to be deposited in Hawaii's waterways and marine environment.

     The legislature also finds that inhalation of roadway particulate matter pollution particles is a health risk.  Particles penetrate into and are deposited into the various regions of the respiratory tract.  The adverse health effects from roadway particulate matter pollution include increased hospital admissions and emergency room visits, school absences, work loss days, changes in lung function, respiratory symptoms, lung tissue changes, alteration to respiratory defense mechanisms, and premature death.  Children, the elderly, pregnant women, and those who suffer from pulmonary diseases are particularly at risk to roadway particulate matter pollution.

     The United States Environmental Protection Agency has concluded that, based on a qualitative assessment of the epidemiological evidence of the effects associated with exposure to roadway particulate matter pollution, individuals with respiratory disease are at greater risk of premature mortality and hospitalization; individuals with infectious respiratory disease are at greater risk of premature mortality and morbidity, the concomitant hospitalization and aggravation of respiratory symptoms, and susceptibility to respiratory infections; elderly individuals are at greater risk of premature mortality and hospitalization for cardiopulmonary problems; children are at greater risk of increased respiratory symptoms and decreased lung function; and asthmatic individuals are at risk of exacerbation of symptoms associated with asthma and of an increased need for medical attention.

     The legislature further finds that Hawaii's economy and the quality of life of its residents rely on the health, quality, and cleanliness of the riparian and marine environment.  During storm events, roadway particulate matter pollution sediments are transported directly to storm sewers and then into streams where it can contaminate the food chain with the bioaccumulation of metal contaminants and modify the ecological health of the ecosystem.  For example, research conducted by the University of Hawaii at Manoa has shown very high levels of contamination in the Manoa watershed from roadway particulate matter pollution.  The National Contaminant Biomonitoring Program of the United States Fish and Wildlife Service found that fish from Manoa Stream have the highest concentrations of lead in the nation.  Further research showed that copper, zinc, and lead in the Manoa watershed were anthropogenically generated.  The authors concluded that automotive emissions plus vehicle wear were the primary contributors of trace metal concentrations. 

     Research findings of the University of Hawaii at Manoa also show that there is a general pattern of increasing trace metal concentrations downstream as the fluvial network traverses the lower portions of the watershed.  Hawaii's high population densities and significant traffic densities probably contribute to the elevated contamination levels.  Road-deposited sediments have very high contaminant concentrations, and ultimately these sediments are flushed into stream systems where they can potentially have adverse effects.  The legislature further finds that trace metal pollution in Honolulu streams will not improve as long as sediments are allowed to flush directly into stream systems untreated.

     The legislature finds that tourism is very dependent on the health of coral reefs.  The average annual value of the coral reef ecosystem among the main islands of Hawaii amounts to a total of $364,000,000, eighty-five per cent of which stems from recreational value, according to research funded by the National Oceanic and Atmospheric Administration, Coastal Ocean Program.

     Additional research findings on roadway particulate matter pollution demonstrate that pollutant emission at street-level, the most damaging urban environmental pollution which is due largely to road traffic, can be two to four times higher than that routinely measured on top of buildings or at typical air quality monitoring stations; particulate air pollution is associated with adverse health effects; pregnant women who live near high traffic areas are ten to twenty per cent more likely to have premature and low birth weight babies; and damage to aquatic ecosystems and human health can be substantial.  One-sixth of hydrocarbons and up to one-half of suspended solids reaching streams originate from highways, according to estimates of the United States Environmental Protection Agency.  Vehicle-related particulates in highway runoff come mostly from tire and pavement wear, engine and brake wear, and settleable exhaust.

     Accordingly, the purpose of this Act is to establish a pilot program to:

     (1)  Require each state agency to purchase, install, and maintain aftermarket equipment certified by the director of transportation to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels of state agency motor vehicles;

     (2)  Extend to twenty-four months the vehicle inspection period for vehicles that are installed with aftermarket equipment certified by the director of transportation to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions;

     (3)  Require the director of transportation to certify aftermarket equipment to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions; and

     (4)  Require that the registered owner or lessee of a fleet of twenty-five or more commercial motor vehicles, commercial trailers, or passenger automobiles periodically verify, as a condition of initial and renewal of registration of those vehicles, the installation and operation of aftermarket equipment that is certified by the director of transportation to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§286‑    Roadway particulate matter pollution equipment.  Beginning January 1, 2013, the director of transportation shall certify aftermarket motor vehicle equipment designed to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from motor vehicles."

     SECTION 3.  Section 196-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  With regard to motor vehicles and transportation fuel, each agency shall:

     (1)  Comply with Title 10, Code of Federal Regulations, Part 490, Subpart C, "Mandatory State Fleet Program", if applicable;

     (2)  Comply with all applicable state laws regarding vehicle purchases;

     (3)  Once federal and state vehicle purchase mandates have been satisfied, purchase the most fuel-efficient vehicles that meet the needs of their programs; provided that life cycle cost-benefit analysis of vehicle purchases shall include projected fuel costs;

     (4)  Purchase alternative fuels and ethanol blended gasoline when available;

     (5)  Evaluate a purchase preference for biodiesel blends, as applicable to agencies with diesel fuel purchases;

     (6)  Promote efficient operation of vehicles;

     (7)  Use the most appropriate minimum octane fuel; provided that vehicles shall use 87-octane fuel unless the owner's manual for the vehicle states otherwise or the engine experiences knocking or pinging;

     (8)  Beginning with fiscal year 2005-2006 as the baseline, collect and maintain, for the life of each vehicle acquired, the following data:

         (A)  Vehicle acquisition cost;

         (B)  United States Environmental Protection Agency rated fuel economy;

         (C)  Vehicle fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and dedicated propane;

         (D)  Actual in-use vehicle mileage;

         (E)  Actual in-use vehicle fuel consumption; and

         (F)  Actual in-use annual average vehicle fuel economy; [and]

     (9)  Beginning with fiscal year 2005-2006 as the baseline with respect to each agency that operates a fleet of thirty or more vehicles, collect and maintain, in addition to the data in paragraph (8), the following:

         (A)  Information on the vehicles in the fleet, including vehicle year, make, model, gross vehicle weight rating, and vehicle fuel configuration;

         (B)  Fleet fuel usage, by fuel;

         (C)  Fleet mileage; and

         (D)  Overall annual average fleet fuel economy and average miles per gallon of gasoline and diesel[.]; and

    (10)  Beginning January 1, 2013, purchase, install and maintain aftermarket equipment certified by the director of transportation under section 286-    to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels of motor vehicles."

     SECTION 4.  Section 286-26, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The following vehicles shall be certified as provided in subsection (e) once every year:

     (1)  Trucks, truck-tractors, semitrailers, and pole trailers having a gross vehicle weight rating of more than 10,000 pounds;

     (2)  Buses;

     (3)  Rental or U-drive motor vehicles two years of age or older; and

     (4)  Taxicabs[.];

[Ambulances] provided that ambulances shall be certified as provided in subsection (e) once every six months[.], and vehicles under this subsection that are equipped with aftermarket equipment certified under section 286‑   to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels shall be certified every twenty-four months.

     (b)  All other vehicles, including motorcycles, trailers, semitrailers, and pole trailers having a gross vehicle weight rating of 10,000 pounds or less, and antique motor vehicles as defined in section 249-1, except those in subsections (c) and (d), shall be certified as provided in subsection (e) every twelve months; provided that [any]:

     (1)  Any vehicle to which this subsection applies shall not require inspection within two years of the date on which the vehicle was first sold[.]; and

     (2)  Beginning January 1, 2013, vehicles under this subsection that are equipped with aftermarket equipment certified under section 286‑    to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels shall be certified every twenty-four months."

     SECTION 5.  Section 286-53.5, Hawaii Revised Statutes, is amended by amending its title and subsections (a) to (c) to read as follows:

     "[[]§286-53.5[]  Permanent registration] Registration of fleet vehicles[.]; certification of emission control equipment.  (a)  [Notwithstanding any other law to the contrary, the] The registered owner or lessee of a fleet of twenty-five or more vehicles consisting of commercial motor vehicles, commercial trailers, or passenger automobiles may apply to the director of finance of the county in which the vehicles are to be operated, for permanent license plates, decals, and registration cards; provided that the vehicle shall not be registered in any other state.

     (b)  The application for initial issuance of [permanent] registration shall be filed in such form as the director of finance shall require.  Upon initial application and payment of the required fees, the director of finance shall issue a distinguishing license plate or decal which indicates the vehicle has been registered under this section.  An initial registration shall not be issued to a registered owner or lessee unless every fleet vehicle owned or leased by that owner or lessee is equipped with aftermarket equipment certified under section 286‑    to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels.  Any initial fleet registration that has been issued prior to January 1, 2013, shall re-register in accordance with this subsection within       months.

     (c)  Upon submission of the renewal of registration form and payment of normally required fees, the license plates, decals, and registration cards issued pursuant to this section for the vehicle shall remain valid; provided that a fleet vehicle registered under this section may be deleted from such identified fleet upon notification of the director of finance by the registered owner on the proper form, and if the distinguishing license plates, decals, and registration cards issued for the vehicle are surrendered.  Failure to comply with the preceding sentence shall require payment by the fleet owner of fees due for registration of the vehicle as though the vehicle remained part of the fleet.  Display of the distinguishing license plate or decal and registration card shall constitute prima facie evidence that the vehicle is currently registered.

     The registered owner or lessee of any vehicle registered pursuant to this section shall display in a conspicuous place on both the right and the left side of each vehicle, the name, trademark, or logo of the company.  The display of the name, trademark, or logo shall be printed in sharp contrast to the background of the vehicle and shall be of such size, shape, and color as to be readily identifiable during daylight hours from a distance of fifty feet.

     A renewal registration shall not be issued to a registered owner or lessee unless every fleet vehicle owned or leased by that owner or lessee is equipped with aftermarket equipment certified under section 286‑    to directly capture and remove from the environment re-entrained particles and tire and brake wear emissions from all wheels."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval and shall be repealed on December 31, 2016.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Roadway Particulate Matter Pollution; Emissions; Re-entrained Particles

 

Description:

Requires state agencies to purchase, install, and maintain aftermarket equipment of state vehicles certified to capture and remove environment re-entrained particles and tire and brake wear emissions; extends to twenty-four months the certificates of inspection for motor vehicles with such equipment; requires the director of transportation to certify such equipment; requires fleet vehicles to be equipped with such equipment as a condition of initial and renewal registration.  Sunset 12/31/16.

 

 

 

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