STAND

 

STAND. COM. REP. NO. 321-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2924

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 Committees on Energy and Environmental Protection and Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2924 entitled:

"A BILL FOR AN ACT RELATING TO CLEAN WATER,"

beg leave to report as follows:

The purpose of this bill is to:

(1) Increase the fine for violating the water pollution law from $25,000 to $40,000;

(2) Enact provisions requiring persons using mechanized equipment to move soil to avoid muddying state waters; and

(3) Allow citizen suits relating to water pollution.

The Sierra Club, Hawaii Chapter, Hawaii Audubon Society, Reef Check Hawaii, and numerous concerned individuals testified in support of this bill. The Department of Health, Department of Agriculture, Land Use Research Foundation of Hawaii, Hawaii Farm Bureau Federation, Maui County Farm Bureau, and Hawaii Reserves, Inc., opposed this bill.

 

Your Committees find that citizen suits will serve as a check to counter irresponsible developers, especially when government agencies have not responded in a timely fashion or at all.

Your Committees have amended this bill by:

(1) Providing that a citizen suit relating to water pollution may not be brought if the Director or Department of Health is conducting an investigation but has yet to commence a civil action; and

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

As affirmed by the records of votes of the members of your Committees on Energy and Environmental Protection and Water, Land Use, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2924, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2924, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Energy and Environmental Protection and Water, Land Use, and Hawaiian Affairs,

 

____________________________ EZRA R. KANOHO, Chair		____________________________ HERMINA M. MORITA, Chair