SB1252

SECTION 1. The legislature finds that there is large acreage of former agricultural land that has become vacant for various reasons. In windy conditions, large dust storms arise from these lands, depositing precious topsoil into the ocean, thereby damaging the reefs and the marine environment as well as detrimentally affecting the health of the residents down-wind. The legislature further finds that the department of health's clean air branch regulates the discharge of fugitive dust in the State and imposes penalties for violations; however, existing rules do not require land owners to have fugitive dust mitigation plans approved by the director of health and the exiting penalty structure does not consider the scale of the dust emission. Therefore, there is a disincentive for owners of large areas of vacant undeveloped land to take immediate action to control the 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.

Accordingly, the purpose of this Act is to protect Hawaii's valuable farmlands, marine environment, and health of people who reside near vacant undeveloped lands by:

(1) Clarifying that owners of vacant undeveloped land are prohibited from causing or permitting visible fugitive dust to become airborne from their land without taking reasonable precautions;

(2) Clarifying that, except for owners implementing the best practical operation or treatment, owners of vacant undeveloped land are prohibited from causing or permitting visible fugitive dust that originates from their land to be discharged beyond the land's lot line;

(3) Requiring owners of vacant undeveloped lands to periodically submit to the department of health a fugitive dust mitigation plan for their land, which shall be subject to approval by the director of health;

(4) Requiring the department of health to adopt rules to carry out the purposes of these prohibitions and requirements, including penalties for violations based on the scale of visible fugitive dust made airborne or discharged from the vacant undeveloped land; and

(5) Requiring the department of health to submit annual reports of its activities to the legislature.

SECTION 2. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342B- Fugitive dust control; vacant undeveloped land; fugitive dust mitigation plan; rulemaking. (a) No owner of vacant undeveloped land shall cause or permit visible fugitive dust to become airborne from the owner's land without taking reasonable precautions.

(b) No owner of vacant undeveloped land, except for owners implementing the best practical operation or treatment, shall cause or permit visible fugitive dust that originates from the owner's vacant developed land to be discharged beyond the land's lot line.

(c) Beginning December 31, 2023, and every third year thereafter, an owner of vacant undeveloped land in the State shall 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.

(d) The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this section. The rules shall include, at minimum:

(1) Definitions of "reasonable precautions" and "best practical operation or treatment" that can be taken or implemented by an owner of vacant undeveloped land to comply with this section;

(2) Dust mitigation plan approval process, including information to be included in a fugitive dust mitigation plan; and

(3) Penalty for any violation of this section or any rule adopted by the department pursuant to this section, including penalties based on the scale of visible fugitive dust made airborne or discharged from the vacant undeveloped land.

(e) The department shall, no later than twenty days prior to each regular session, submit a report to the legislature, or the department's activities and enforcement of this section, including any proposed legislation.

(f) For the purposes of this section, "fugitive dust" shall have the same meaning as defined in section 11-60.1-1, Hawaii Administrative Rules."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Vacant Land; Fugitive Dust Control; Department of Health; Plan Approval; Report

Description:

Prohibits owners of vacant undeveloped land to cause or permit visible fugitive dust to become airborne from their land or to cause or permit visible fugitive dust that originates from their vacant developed land to be discharged beyond their land's lot line. Requires owners of vacant undeveloped land to submit to the Department of Health a Fugitive Dust Mitigation Plan no later than December 31, 2023, and every three years thereafter, and obtain approval from the Director of Health. Requires the Department of Health to adopt rules and submit reports to the Legislature.

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

THE SENATE	S.B. NO.	1252
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII