HOUSE OF REPRESENTATIVES

H.B. NO.

2799

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

related to toxic chemicals.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that certain state agencies, including the department of health, monitor the presence of environmentally toxic chemicals in water, soil, and the air, and require remedial action if pollution levels exceed certain levels, often called environmental action levels or EALs.  When an EAL is exceeded, the person or entity responsible for the existence of the pollution is legally required to take remedial action to reduce the level of toxicity in the area under control, so that the action level is no longer exceeded.

     The legislature further finds that there are currently no procedural requirements or standards to establish EALs for various toxins that are monitored, or to revise, upward or downward, EALs for toxins and pollutants.  Previously, EALs have been raised by state agencies without public notice and without publication of the scientific justification for the increases, resulting in a relaxation of enforcement standards and a potential increase in pollution.

     The legislature further finds that increases in EALs have, from time to time, lacked scientific justification and that such increases are contrary to the EALs established and enforced by federal agencies and agencies of other states.  Such actions by Hawaii state agencies, when they occur, may pose unreasonable risks to the environment and the human population of this State, and therefore it is necessary that any increases in EALs be scientifically justifiable, based on the severity of risks to human health and the environment, as well as the probability of adverse effects.  Procedures must be established to provide the public with advance notice and the opportunity to respond to proposed increases in EALs.   Moreover, the actions by Hawaii state agencies without adequate scientific basis and procedural safeguards may violate the guarantees of article XI, sections 1 and 7 of the Hawaii State Constitution.

     The legislature affirms that the public has a right to know all relevant information about environmental toxins and that it is the responsibility of state agencies charged with monitoring and remediating environmental toxins to ensure that the public receives all relevant information about the presence of environmental toxins in a timely manner.

     Accordingly, the purpose of this Act is to establish procedural and substantive requirements for the establishment and revisions of environmental action levels by state agencies.

     SECTION 2.  (a)  Every state agency that monitors environmental toxins and pollutants shall establish environmental action levels or substantively similar triggering mechanisms that are consistent with the best practices and most recent scientific evidence relating to the preservation of a safe environment.

     (b)  No modification to any environmental action levels or similar triggering mechanism shall be made except after adequate advance notice to the public, which shall include provision of all relevant scientific justifications for the proposed modification.  Any state agency proposing a modification shall comply with the requirements of chapter 91, Hawaii Revised Statutes, and allow not less than thirty days for the public to comment on the proposed modification, and conduct one or more public hearings at which comments to the proposed action shall be received.

     SECTION 3.  Any resident of the State may petition an agency that has established environmental action levels or similar triggering mechanism for modification of one or more environmental action levels or similar triggering mechanisms.  The agency shall promptly respond to the petition in the manner provided by chapter 91, Hawaii Revised Statutes.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

EALs; Toxic Chemicals; Pollutants; Procedural Requirements; Public Notice

 

Description:

Requires state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment.  Prohibits modifications to EALs unless certain procedural requirements are met.  Allows any State resident to petition for modifications to an established EAL.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.