Bill Text: HI SB550 | 2010 | Regular Session | Introduced

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Bill Title: Vehicle Emission Standards

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB550 Detail]

Download: Hawaii-2010-SB550-Introduced.html

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Report Title:

Vehicle Emission Standards

 

Description:

Directs the department of health to adopt rules implementing California's new vehicle emission standards.

 

 

THE SENATE	S.B. NO.	550
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to vehicle emissions.

 

 

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

 

     SECTION 1.  The legislature finds that Hawaii is faced with a rising number of automobiles traveling its highways each year and that the increasing number of automobiles is a major source of air pollution and a danger to Hawaii's environment.  As we are faced with the threat of global warming and environmental devastation on a global scale, we must act to reduce its effects here in Hawaii.  One path to a cleaner environment in Hawaii is through the adoption of vehicle emissions standards that closely regulate allowable emissions and encourage cleaner, fuel efficient vehicles.  California has been a pioneer in this area of air pollution prevention, adopting strict vehicle emissions standards in the 1970's.  Since then, California has revised its standards, and other states are beginning to follow suit by adopting similar pollution control measures.

     The purpose of this Act is to direct the department of health to adopt rules that establish vehicle emissions and fuel efficiency standards that meet or exceed those in California.  By taking this bold step, the State will be on a path to a cleaner natural environment and decreased dependence on fossil fuel resources.

     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, 2010, vehicle emissions shall not exceed limitations as specified in section 342B-   ;

     (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 modes of transportation are producing or pose an immediate danger of producing unacceptable levels of air pollution or when such control is 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, including motor vehicle emissions, 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."

     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.

 

INTRODUCED BY:	_____________________________