STAND

 

STAND. COM. REP. 2323

Honolulu, Hawaii

, 2004

RE: S.B. No. 2949

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environment, to which was referred S.B. No. 2949 entitled:

"A BILL FOR AN ACT RELATING TO THE VOLUNTARY RESPONSE PROGRAM,"

begs leave to report as follows:

The purpose of this measure is to clarify the application of the voluntary response program to assist in the clean up of contaminated property.

In particular, this measure provides the following:

(1) A waiver or reduction of fees for public and nonprofit agencies;

(2) The continued oversight of a remediation action, if necessary;

(3) A clarification of the level and scope of remediation required;

(4) An exemption from future liability for substances occurring in nature at levels that exceed either a risk-based standard of not more than one additional cancer case per one million or a hazard quotient of one; and

(5) Other procedural and administrative clarifying amendments.

The Director of Health and a concerned individual submitted testimony supporting the measure. The Hawaii Community Development Authority submitted testimony supporting the intent of the measure. The Sierra Club, Hawai`i Chapter submitted testimony opposing the measure.

Your Committee noted the concerns of the Sierra Club regarding the ambiguity in determining contamination levels of substances occurring naturally. Accordingly, your Committee has amended this measure by incorporating the Sierra Club's suggestions regarding use of the "best scientific and commercial data available" standard for those substances and making a technical, nonsubstantive stylistic change.

As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2949, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2949, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Energy and Environment,

		____________________________ J. KALANI ENGLISH, Chair