STAND. COM. REP. NO. 2472

Honolulu, Hawaii

RE: S.B. No. 3127

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 3127 entitled:

"A BILL FOR AN ACT RELATING TO NUISANCE PREVENTION,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that the Department of Health has the legal authority and obligation to prevent nuisances that affect environmental health and public health.

Your Committee received testimony in support of this measure from the Department of Health.

Your Committee finds that there are an array of nuisances that threaten public health or environmental health. Under existing law, while the Department of Health is authorized to remove and prevent nuisances, the scope of this authorization only applies when a nuisance is injurious to "health", which leaves ambiguity as to whether "health" includes public health and environmental health. Your Committee further finds that with climate change and the increasing pressures on resources and communities, existing law needs to be clarified to specify that the Department of Health has the legal authority and obligation to act when there are nuisances that threaten public or environmental health.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3127, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3127, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

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JOY A. SAN BUENAVENTURA, Chair