THE SENATE	S.B. NO.	3127
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NUISANCE PREVENTION.

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

SECTION 1. The purpose of this Act is to clarify the legal authority of the department of health to prevent nuisances that threaten public health or environmental health, both of which affect the health of a community and the people of Hawaii as a whole. The department of health is charged with protecting both public and environmental health. This recognizes that the health of a community requires the prevention of both of diseases as well as threats to the environment. With climate change and the increasing pressures on resources and communities, there needs to be clarity that the department of health has the legal authority and obligation to act when there are nuisances that threaten public or environmental health and not just when there is a threat of disease or impacts to an individual or party.

SECTION 2. Chapter 322, Hawaii Revised Statutes, is amended by amending the title of part I to read as follows:

"PART I. [ABATEMENT] PREVENTION OF NUISANCES"

SECTION 3. Section 322-1, Hawaii Revised Statutes, is amended to read as follows:

"§322-1 [Removal, prevention.] Prevention. The department of health and its agents shall examine into all nuisances, such as foul or noxious odors, gases or vapors, water in which mosquito larvae exist, sources of filth, and all causes of sickness or disease, on shore, and in any vessel, which may be known to them or brought to their attention, which in their opinion are dangerous or injurious to public or environmental health, and into any and all conditions created or existing [which] that cause or tend to cause sickness or disease or to be dangerous or injurious to public or environmental health, and shall cause the same to be [abated, destroyed, removed, or prevented.] prevented, which may include abatement, destruction, or removal of the nuisance.

For purposes of this part, a nuisance shall include:

(1) Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; and

(2) Odors and filth resulting from a person feeding feral birds."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Nuisance Prevention; Environmental Health; Public Health

Description:

Clarifies that the Department of Health has the legal authority and obligation to prevent nuisances that affect environmental health and public health.

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