STAND. COM. REP. NO. 3444

Honolulu, Hawaii

RE: S.C.R. No. 133

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.C.R. No. 133 entitled:

"SENATE CONCURRENT RESOLUTION URGING EVERY STATE AGENCY THAT MONITORS ENVIRONMENTAL TOXINS AND POLLUTANTS TO FOLLOW CERTAIN PROCEDURAL AND SUBSTANTIVE REQUIREMENTS FOR THE ESTABLISHMENT AND MODIFICATIONS OF ENVIRONMENTAL ACTION LEVELS,"

begs leave to report as follows:

The purpose and intent of this measure is to urge every state agency that monitors environmental toxins and pollutants to:

(1) Follow certain procedural and substantive requirements for the establishment and modification of environmental action levels (EALs);

(2) Allow any resident of the State to petition for modifications of one or more EALs or similar triggering mechanisms for environmental toxins and pollutants monitored by the state agency; and

(3) Promptly respond to a petition to modify an EAL in the manner provided by chapter 91, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Environmental Caucus of the Democratic Party of Hawaiʻi and two individuals.

Your Committee received comments on this measure from the Department of Health.

Your Committee finds that the use of environmental action levels (EALs) can be beneficial for monitoring and regulating environmental pollution. However, because there is currently no standardized or formal process for the establishment or amendment for EALs in the State, some state agencies that use EALs have been known to arbitrarily raise, or in some cases lower, an EAL without sufficient public notice or scientific justification. This measure supports the health of the public and the environment by urging the adoption of certain procedural and substantive requirements to provide transparency and accountability for any establishment and revision of EALs in the State.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 133 and recommends its adoption.

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

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MIKE GABBARD, Chair