STAND. COM. REP. NO. 1438

Honolulu, Hawaii

RE: S.C.R. No. 3

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Health and Human Services, to which was referred S.C.R. No. 3 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR A PERMIT TO DISCHARGE POLLUTANTS THAT INCLUDE THE MAJOR FACTORS THAT ARE CONSIDERED IN IDENTIFYING THE FUNCTIONAL EQUIVALENT OF A DIRECT DISCHARGE FOR POINT SOURCES OR NONPOINT SOURCES,"

beg leave to report as follows:

The purpose and intent of this measure is to request the Department of Health to adopt rules for a permit to discharge pollutants that include the major factors that are considered in identifying the functional equivalent of a direct discharge for point sources or non-point sources.

Your Committees received testimony in support of this measure from the Hawaii Reef and Ocean Coalition. Your Committees received testimony in opposition to this measure from one individual. Your Committees received comments on this measure from the Department of Health.

Your Committees find that on July 26, 2021, the Hawaii District Court concluded that the County of Maui was required to obtain a National Pollutant Discharge Elimination System permit for the Lahaina Wastewater Reclamation Facility's discharge into the Pacific Ocean based on the United States Supreme Court case ruling in County of Maui v. Hawaii Wildlife Fund. Furthermore, this measure requests that the Department of Health use the ruling of the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund and guidelines established by the United States Environmental Protection Agency to adopt rules for a permit to discharge that include the major factors that are considered in identifying, for point sources or non-point sources, the functional equivalent of a direct discharge.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Health and Human Services that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 3 and recommend its adoption.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Health and Human Services,

________________________________ JOY A. SAN BUENAVENTURA, Chair

________________________________ MIKE GABBARD, Chair