THE SENATE	S.B. NO.	2229
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to air pollution.

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

SECTION 1. The legislature finds that the department of health's clean air branch is responsible for air pollution control in the State. Filing a complaint with the clean air branch involves requiring the complainant to gather information, including locations of the incident, type of pollution, and time the incident occurred; contacting the clean air branch to provide the information and submit a complaint; scheduling a time with an investigator to observe the alleged pollution; and having the inspector determine whether a violation has occurred during the inspection or within a couple of days of the inspection. Under existing procedures, a violation is determined only if the inspector observes the pollution, which allows violators to pollute without consequence so long as an inspector is not present to observe the pollution.

Accordingly, the purpose of this Act is to allow air pollutants collected by a complainant or department of health's clean air branch master to be used as evidence to initiate complaints on air pollution; in hearings in connection with air pollution; and in legal proceedings in the name of the State for the prevention, control, or abatement of air pollution.

SECTION 2. Section 342B-15, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342B-15[]] Complaints; hearings; appointment of masters. (a) The director may:

(1) Receive or initiate complaints on air pollution, hold hearings in connection with air pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of air pollution; and

(2) Appoint a master or masters to conduct investigations and hearings.

(b) Air pollutants gathered by a master appointed pursuant to subsection (a)(2) or a complainant may be used as evidence:

(1) To initiate a complaint on air pollution;

(2) In hearings in connection with air pollution; and

(3) In legal proceedings in the name of the State for the prevention, control, or abatement of air pollution."

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. Statutory material to be repealed is bracketed and stricken.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:

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Report Title:

DOH; CAB; Air Pollution; Evidence

Description:

Allows air pollutants collected by a complainant or Department of Health's Clean Air Branch master to be used as evidence to initiate complaints on air pollution; in hearings in connection with air pollution; and in legal proceedings in the name of the State for the prevention, control, or abatement of air pollution.

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