Bill Text: HI HB2470 | 2018 | Regular Session | Amended

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Bill Title: Relating To Environmental Protection.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2018-03-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB2470 Detail]

Download: Hawaii-2018-HB2470-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2470
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

 

 

RELATING TO ENVIRONMENTAL PROTECTION.

 

 

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

 

     SECTION 1.  The legislature finds that increasingly polarized federal politics, unqualified appointees, and outside influences have begun to impact the mission of some federal agencies.

     The legislature further finds that as a result of the new leadership, the Environmental Protection Agency has begun making decisions that conflict with the mission of the agency to protect human health and the environment.  Furthermore, decisions that contradict or ignore scientific findings and merits have been made, including reversing the Clean Power Plan, which encourages states to reduce harmful greenhouse gas emissions; reversing the Waters of the United States Rule, which limits pollution in bodies of water; and ending the prosecution of polluters in many cases.

     These decisions may negatively impact states such as Hawaii, which rely on the Environmental Protection Agency to protect human health and the environment from dangerous pollution, toxic debris, and contaminated drinking water.

     The legislature also finds that, due to poor morale within the Environmental Protection Agency, more than seven hundred employees, including more than two hundred scientists and more than ninety environmental protection specialists, have recently left that agency.  Many of these employees will not be replaced since the Environmental Protection Agency is expected to cut three thousand two hundred positions.

     The purpose of this Act is to protect the people and environment of Hawaii by authorizing its environment-related agencies to adopt rules to fill the gaps left by the negligent or harmful decisions of the Environmental Protection Agency.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§321-    Environmental protection; baseline federal standards; state and county adoption and application.  (a)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to environmental protection to be less stringent than the baseline federal standards.

     (b)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to environmental protection that are more stringent than the baseline federal standards.

     (c)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to environmental protection and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 3.  Chapter 340A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§340A-    Baseline federal standards; state and county adoption and application.  (a)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to solid waste to be less stringent than the baseline federal standards.

     (b)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to solid waste that are more stringent than the baseline federal standards.

     (c)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to solid waste control and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 4.  Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§342B-    Baseline federal standards; state and county adoption and application.  (a)  If the United States Environmental Protection Agency no longer implements the prevention of significant deterioration program in accordance with the applicable baseline federal standards, the director may establish programs and rules that are at least as stringent as the applicable baseline federal standards.

     (b)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to air quality to be less stringent than the baseline federal standards.

     (c)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to air quality that are more stringent than the baseline federal standards.

     (d)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to the regulation of air quality and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 5.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342D-    Baseline federal standards; state and county adoption and application.  (a)  To ensure that water quality standards are not diminished as a result of any change in the federal Clean Water Act or federal rules adopted pursuant to that Act, the director shall maintain and enforce all water supply and water quality standards that are at least as stringent as required by the applicable baseline federal standards, in addition to those required by state law.  Nothing in this section shall require the director to apply the definition of "waters of the United States" contained in title 33 Code of Federal Regulations section 328.3 and title 40 Code of Federal Regulations section 122.2 as published on June 29, 2015 (80 FR 37053).

     (b)  To the extent that the director has not established a water supply or water quality standard or requirement for which a standard or requirement exists in the baseline federal standards, the director may adopt a standard or requirement that is at least as stringent as the baseline federal standards.

     (c)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to the regulation of water supplies or water quality standards to be less stringent than the baseline federal standards.

     (d)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to the regulation of water supplies or water quality standards that are more stringent than the baseline federal standards.

     (e)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to the regulation of water supplies and water quality contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 6.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§342H-    Baseline federal standards; state and county adoption and application.  (a)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to solid waste control to be less stringent than the baseline federal standards.

     (b)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to solid waste control that are more stringent than the baseline federal standards.

     (c)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to solid waste control and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 7.  Chapter 342J, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342J-    Baseline federal standards; state and county adoption and application.  (a)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to hazardous waste control to be less stringent than the baseline federal standards.

     (b)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to hazardous waste control that are more stringent than the baseline federal standards.

     (c)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to hazardous waste control and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 8.  Chapter 342L, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§342L-    Baseline federal standards; state and county adoption and application.  (a)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to underground storage tank regulation to be less stringent than the baseline federal standards.

     (b)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to underground storage tank regulation that are more stringent than the baseline federal standards.

     (c)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to underground storage tank regulation and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 9.  Chapter 342P, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342P-    Baseline federal standards; state and county adoption and application.  (a)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to asbestos emission and lead hazard control to be less stringent than the baseline federal standards.

     (b)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to asbestos emission and lead hazard control that are more stringent than the baseline federal standards.

     (c)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to asbestos emission and lead hazard control and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 10.  Section 340E-2, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§340E-2[]]  Drinking water standards.  (a)  The director shall [promulgate] adopt and enforce State Primary Drinking Water Regulations and may [promulgate] adopt and enforce State Secondary Drinking Water Regulations.  State Primary Drinking Water Regulations shall protect health to the extent feasible, using technology, treatment techniques, and other means which are generally available, taking cost into consideration.  Maximum contaminant levels covered by revised National Primary Drinking Water Regulations shall be set at a level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety.  Treatment techniques covered by revised National Primary Drinking Water Regulations shall require treatment necessary to prevent known or anticipated adverse effects on the health of persons.  The State Primary Drinking Water Regulations shall be not less stringent than the National Primary Drinking Water Regulations in effect at that time.

     (b)  Subject to section 340E-3, State Primary and Secondary Drinking Water Regulations shall apply to each public water system in the State; however, [such] these regulations shall not apply to a public water system [which:] that:

     (1)  Consists only of distribution and storage facilities (and [which] that does not have any collection and treatment facilities);

     (2)  Obtains all of its water from, but is not owned or operated by, a public water system to which [such] the regulations apply;

     (3)  Does not sell water to any person; and

     (4)  Is not a carrier which conveys passengers in interstate commerce.

     (c)  The director shall adopt and implement procedures for the enforcement of State Primary Drinking Water Regulations, including monitoring, inspection, and recordkeeping procedures, that comply with regulations established by the administrator pursuant to the Federal Act.

     (d)  The director may [promulgate] adopt and enforce regulations relating to cross-connection and backflow prevention control.

     (e)  The director shall [promulgate] adopt regulations establishing an underground injection control program.  [Such] The program shall prohibit any underground injection [which] that is not authorized by a permit issued by the director, except that the director may authorize underground injection by regulation.  Underground injection authorized by regulation shall not endanger drinking water sources.  Any underground injection control program shall:

     (1)  Set standards and prohibitions controlling any underground injection if [such] the injection may result in the presence of any contaminant in underground water [which] that supplies or may be expected to supply any public water system, and if the presence of [such] the contaminant may result in [such] the system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons[.];

     (2)  Require, in the case of a program [which] that authorizes underground injection by permit, that the applicant for the permit satisfy the director that the underground injection will meet the requirements of [item (1) of this subsection.] paragraph (1); and

     (3)  Include inspection, monitoring, recordkeeping, and reporting requirements.

     (f)  To ensure that drinking water quality standards are not diminished as a result of any change in the federal Safe Drinking Water Act or federal rules adopted pursuant to that Act, the director shall maintain and enforce all drinking water standards that are at least as stringent as required by the applicable baseline federal standards, in addition to those required by state law.  Nothing in this section shall require the director to apply the definition of "waters of the United States" contained in title 33 Code of Federal Regulations section 328.3 and title 40 Code of Federal Regulations section 122.2 as published on June 29, 2015 (80 FR 37053).

     (g)  To the extent that the director has not established a drinking water standard or requirement for which a standard or requirement exists in the baseline federal standards, the director may adopt a standard or requirement that is at least as stringent as the baseline federal standards.

     (h)  Except as authorized by state law, a state or county agency shall not amend or revise its rules pertaining to the regulation of drinking water to be less stringent than the baseline federal standards.

     (i)  Except as otherwise provided in state law, a state or county agency may establish rules pertaining to the regulation of drinking water that are more stringent than the baseline federal standards.

     (j)  As used in this section, "baseline federal standards" means the authorizations, policies, objectives, rules, requirements, and standards pertaining to the regulation of drinking water and contained in federal laws or federal regulations implementing the federal laws in existence as of January 1, 2016, or January 1, 2017, whichever is more stringent."

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 2020.

 

 

Report Title:

Environmental Protection; Water Supplies; Solid Waste; Air Quality; Water Quality; Solid Waste Control; Hazardous Waste; Underground Storage Unit Regulation; Asbestos Emission and Lead Hazard Control; Drinking Water; Standards

 

Description:

Requires state and county agencies to adopt and maintain rules pertaining to environmental protection; water supplies; solid waste; air quality; water quality; solid waste control; hazardous waste; underground storage unit regulation; asbestos emission and lead hazard control; and drinking water that are as stringent as, or more stringent than, applicable baseline federal standards.  Effective July 1, 2020.  (SD1)

 

 

 

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