REPORT TITLE:
Wastewater; Environ. Protect.


DESCRIPTION:
Allows the DOH to establish a permanent exempt position for an
ecological risk assessor.  Adds a new license category for
environmental health services professionals.  (CD1)

 
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THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENT.



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

 1                              PART I
 
 2      SECTION 1.  The department of health is moving toward
 
 3 adoption of a risk-based environmental management strategy, which
 
 4 is based upon risk assessment to human health and the
 
 5 environment, rather than upon rigid technical standards.
 
 6      Under the Comprehensive Emergency Response, Compensation and
 
 7 Liability Act of 1980 (CERCLA) and the Oil Pollution Act of 1990
 
 8 (OPA 90), the department of health has responsibility as a
 
 9 "natural resources trustee."  To fulfill this responsibility, the
 
10 department must have the ability to evaluate the impact of
 
11 chemical releases and oil spills on the complex ecosystems of
 
12 Hawaii.  This expertise requires an individual who is trained and
 
13 experienced in the field of ecological risk assessment.
 
14      In addition, as a trustee, the department is required to
 
15 conduct damage assessments and negotiate penalties with those
 
16 responsible for chemical releases and oil spills that harm the
 
17 environment.
 
18      To do this effectively, the department must have expertise
 
19 in-house to support the claims made by the State.  It is
 

 
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 1 difficult for the department to make its case and negotiate
 
 2 successfully without a credible expert in the area of natural
 
 3 biology and ecological risk assessment.  This is a very
 
 4 specialized field of study and the expertise will support all the
 
 5 programs of the environmental health administration.
 
 6      SECTION 2.  Chapter 128D, Hawaii Revised Statutes, is
 
 7 amended by adding a new section to be appropriately designated
 
 8 and to read as follows:
 
 9      "�128D-    Ecological risk assessor.  The department may
 
10 establish a permanent exempt position for an ecological risk
 
11 assessor for the purpose of assessing ecological risks and
 
12 damages.  The position shall be appointed by the director without
 
13 regard to chapters 76 and 77.  The funds for this position shall
 
14 come from the environmental response revolving fund established
 
15 in section 128D-2; provided that the duties of the ecological
 
16 risk assessor shall bear a rational nexus to the intent and
 
17 purposes of chapter 128D."
 
18                              PART II
 
19      SECTION 3.  Section 321-13, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  The department of health, with the approval of the
 
22 governor, may prescribe such rules as it deems necessary for the
 
23 public health or safety respecting:
 

 
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 1      (1)  The occupations or practices of laboratory directors,
 
 2           laboratory technologists, laboratory supervisors,
 
 3           laboratory technicians, tattoo artists, [sanitarians,
 
 4           asbestos inspectors, asbestos management planners,
 
 5           asbestos abatement project designers, lead inspectors,
 
 6           lead risk assessors, lead abatement workers, lead
 
 7           abatement supervisors, and lead abatement project
 
 8           designers;] and environmental health professionals;
 
 9      (2)  The health, education, training, experience, habits,
 
10           qualifications, or character of persons to whom
 
11           certificates of registration or permits for these
 
12           occupations or practices may be issued;
 
13      (3)  The health, habits, character, practices, standards, or
 
14           conduct of persons holding these certificates or
 
15           permits; or
 
16      (4)  The grounds or causes for revoking or suspending these
 
17           certificates or permits.
 
18 The rules shall have the force and effect of law."
 
19                             PART III
 
20      SECTION 4.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 5.  This Act shall take effect upon its approval.
 

 
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