HOUSE OF REPRESENTATIVES	H.R. NO.	127
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

HOUSE RESOLUTION

urging THE DEPARTMENT OF HEALTH TO TAKE CERTAIN ACTIONS REGARDING FUGITIVE DUST.

WHEREAS, many acres of former agricultural land in the State have become vacant for various reasons; and

WHEREAS, in windy conditions, large dust storms arise from these lands; and

WHEREAS, the dust storms deposit precious topsoil into the ocean, thereby damaging the reefs and the marine environment, as well as detrimentally affecting the health of the residents downwind; and

WHEREAS, although the Department of Health's Clean Air Branch regulates the discharge of fugitive dust in the State and imposes penalties for violations, existing rules do not require land owners to have fugitive dust mitigation plans approved by the Director of Health and the existing penalty structure does not consider the scale of the dust emission; and

WHEREAS, there is a disincentive for owners of large areas of vacant undeveloped land to take immediate action to control fugitive dust discharge from their lands to preserve the topsoil, prevent contamination of the marine environment, and protect the health and safety of the nearby communities; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Health is requested to amend its administrative rules, pursuant to Chapter 91, Hawaii Revised Statutes, to:

(1) Create an updated list of reasonable precautions that a landowner may take to prevent visible fugitive dust from the land from becoming airborne, particularly when the land is vacant and undeveloped;

(2) Specify the best practical operations or treatments an owner of vacant undeveloped land may take or implement to prevent visible fugitive dust that originates from the land from being discharged beyond the land's lot line;

(3) Require each owner of vacant, undeveloped land in the State to submit to the Department a fugitive dust mitigation plan for the owner's vacant undeveloped land, which shall be subject to approval by the Director of Health; and

(4) Impose appropriate penalties for violations of rules relating to fugitive dust; and

BE IT FURTHER RESOLVED that the Department of Health is requested to monitor fugitive dust across the State; and

BE IT FURTHER RESOLVED that the Department of Health is requested to submit to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024, a report of its progress and any recommendations, including any proposed legislation; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health, Deputy Director for Environmental Health Administration, and Chief of the Clean Air Branch of the Department of Health.

OFFERED BY:

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Report Title:

Department of Health; Clear Air Branch; Fugitive Dust; Property