Bill Text: HI HB2359 | 2014 | Regular Session | Amended
Bill Title: Conservation; Mining and Materials; Hydraulic Fracturing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Cachola, Carroll, Creagan, Nakashima, Takumi excused (5). [HB2359 Detail]
Download: Hawaii-2014-HB2359-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2359 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE ENVIRONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
hydraulic fracturing
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Board" means the board of land and natural resources.
"Fluid" means any material or substance which flows or moves whether in semi-solid, liquid, sludge, gas, or any other form or state.
"Hydraulic fracturing" means a drilling operation into an underground geologic formation and the injection of fluids, gases, chemicals, sand, or any other substance with the intention to cause or enhance fractures in the geologic formation for the purpose of instigating or increasing the porosity or permeability of the geologic formation to initiate or increase the production of a desired commodity from a well; provided that this definition shall not include a drilling operation into an underground geologic formation for the purpose of obtaining drinking water. Hydraulic fracturing is also known as "fracking", "hydro-fracking", "hydro-fracturing", "hydro-shearing", "hydraulic shearing", "hydro-stimulation", or "enhanced geothermal drilling".
§ -2 Hydraulic fracturing; prohibited. (a) It shall be unlawful for any person, corporation, or other business entity to engage in hydraulic fracturing within the State.
(b) It shall be unlawful for any person, corporation, or other business entity to collect, transport, store, process, or discharge waste fluid from hydraulic fracturing within the State without first obtaining a permit to do so.
§ -3 Penalty; injunction. Any person, corporation, or other entity that violates section -2 shall be fined not more than $100,000 for every violation.
Any person, corporation, or other entity that violates section -2 may also be enjoined by the circuit court from continuing the violation.
The penalty and remedy provided by this section shall be in addition to any criminal or civil penalty provided by any other law.
§ -4 Enforcement. The board or its authorized representative is authorized to charge and collect the fines set forth pursuant to section -3 and bring legal action to enjoin conduct prohibited by this chapter."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. This Act shall take effect on January 28, 2878, and shall be repealed on July 1, 2017.
Report Title:
Conservation; Mining and Materials; Hydraulic Fracturing
Description:
Prohibits hydraulic fracturing and the collection, storage, treatment, or discharge in the State of wastewater from hydraulic fracturing. Provides for penalties and enforcement. Sunset date of July 1, 2017. Effective January 28, 2878. (HB2359 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
