STAND

 

STAND. COM. REP. NO. 640-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1840

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 1840 entitled:

"A BILL FOR AN ACT RELATING TO AIR POLLUTION CONTROL,"

begs leave to report as follows:

The purpose of this bill is to statutorily provide that Department of Health (DOH) rules which regulate fugitive dust shall cover both emissions that pass over a property lot line as well as those that pass into other buildings or facilities within the same property lot line, regardless of whether they enter the ambient air.

DOH supported the intent of this bill but opposed the bill itself. The Hawaii Agriculture Research Center opposed this measure.

Your Committee emphasizes that this measure is not intended to address agricultural concerns, but rather to clarify a gray area regarding industrial situations where dust from one tenant encroaches upon and enters into the facility of another tenant within the same property lot line.

Your Committee has amended this bill by:

(1) Inserting the proposed amendments into section 321-11, Hawaii Revised Statutes (HRS), instead of section

342B-12, HRS, upon recommendation by DOH; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1840, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1840, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,

 

		____________________________ HERMINA M. MORITA, Chair