Bill Text: HI HB703 | 2024 | Regular Session | Introduced
Bill Title: Relating To Fugitive Dust Control.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB703 Detail]
Download: Hawaii-2024-HB703-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
703 |
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
Relating to Fugitive Dust Control.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly,
the purpose of this Act is to protect Hawaii's valuable farmlands, marine
environment, and health of people who reside near vacant undeveloped lands by:
(1) Clarifying that owners of vacant undeveloped land are prohibited from causing or permitting visible fugitive dust to become airborne from their land without taking reasonable precautions;
(2) Clarifying that, except for owners implementing the best practical operation or treatment, owners of vacant undeveloped land are prohibited from causing or permitting visible fugitive dust that originates from their land to be discharged beyond the land's lot line;
(3) Requiring owners of vacant undeveloped lands to periodically submit to the department of health a fugitive dust mitigation plan for their land, which shall be subject to approval by the director of health;
(4) Requiring the department of health to adopt rules to carry out the purposes of these prohibitions and requirements, including penalties for violations based on the scale of visible fugitive dust made airborne or discharged from the vacant undeveloped land; and
(5) Requiring the department of health to submit annual reports of its activities to the legislature.
SECTION 2. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342B- Fugitive dust control; vacant
undeveloped land; fugitive dust mitigation plan; rulemaking. (a) No owner of vacant undeveloped
land shall cause or permit visible fugitive dust to become airborne from the
owner's land without taking reasonable precautions.
(b) No owner of vacant undeveloped
land, except for owners implementing the best practical operation or treatment,
shall cause or permit visible fugitive dust that originates from the owner's
vacant developed land to be discharged beyond the land's lot line.
(c) Beginning December 31, 2023,
and every third year thereafter, an owner of vacant undeveloped land in the
State shall submit to the department a fugitive dust mitigation plan for the
owner's vacant undeveloped land, which shall be subject to approval by the
director.
(d) The department shall adopt
rules in accordance with chapter 91 to carry out the purposes of this section. The rules shall include, at minimum:
(1) Definitions of "reasonable
precautions" and "best practical operation or treatment" that
can be taken or implemented by an owner of vacant undeveloped land to comply
with this section;
(2) Dust mitigation plan approval process,
including information to be included in a fugitive dust
mitigation plan; and
(3) Penalty for any violation of this
section or any rule adopted by the department pursuant to this section, including
penalties based on the scale of visible fugitive dust made airborne or
discharged from the vacant undeveloped land.
(e)
The department shall, no later than twenty days prior to each regular
session, submit a report to the legislature, or the department's activities and
enforcement of this section, including any proposed legislation.
(f)
For the purposes of this section, "fugitive dust" shall have
the same meaning as defined in section 11-60.1-1, Hawaii Administrative Rules."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Vacant Land; Fugitive Dust Control; Department of Health; Plan Approval; Report
Description:
Prohibits owners of vacant undeveloped land to cause or permit visible fugitive dust to become airborne from their land or to cause or permit visible fugitive dust that originates from their vacant developed land to be discharged beyond their land's lot line. Requires owners of vacant undeveloped land to submit to the Department of Health a Fugitive Dust Mitigation Plan no later than December 31, 2023, and every three years thereafter, and obtain approval from the Director of Health. Requires the Department of Health to adopt rules and submit reports to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.