Bill Text: HI SB1295 | 2011 | Regular Session | Introduced
Bill Title: Greenhouse Gas; Emissions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-22 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting no (0) and Cabanilla, Har excused (2). [SB1295 Detail]
Download: Hawaii-2011-SB1295-Introduced.html
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THE SENATE |
S.B. NO. |
1295 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GREENHOUSE GAS EMISSION RULES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 234, Session Laws of Hawaii 2007, in part required that the Director of Health adopt rules, by December 31, 2011, to achieve reductions of greenhouse gas emissions "based upon the recommendations and findings of the work plan created" by the Greenhouse Gas Emission Reduction Task Force that the Act also created. The task force's final report and work plan to the 2010 legislature did not specify a regulatory air pollution control scheme for the Department of Health to adopt and specifically recognized the need to coordinate state efforts with ongoing U.S. Environmental Protection Agency (EPA) developments. The EPA continues to adopt new regulations regarding greenhouse gases, both as to reporting and emission controls.
The department needs flexibility to adopt greenhouse gas rules after national requirements become clearer and a regulatory scheme has been developed by the State. This bill will change the mandate of the Act by removing the deadline for specific rules but providing the Department of Health with the flexibility in its efforts to regulate the greenhouse gas emissions and to incorporate a reporting requirement.
SECTION 2. Section 342B-72, Hawaii Revised Statutes, is amended to read as follows:
"§342B-72 Greenhouse gas
emissions limits; rules. (a) [Before
December 31, 2011, the] The director [shall] may adopt
rules pursuant to chapter 91:
(1) Establishing greenhouse gas emission limits
applicable to sources or categories of sources[, to be achieved by January
1, 2020,] and establishing emission reduction measures to achieve the
maximum practically and technically feasible and cost-effective reductions in
greenhouse gas emissions in furtherance of achieving the statewide greenhouse
gas emissions limit; and
(2) Requiring the reporting and verification of
statewide greenhouse gas emissions and to monitor and enforce compliance with
this part[,to become operative beginning on January 1, 2012].
(b) The director, to
the extent feasible to achieve the statewide greenhouse gas emissions limit, [shall]
may adopt rules pursuant to chapter 91 and this section based upon the
recommendations and findings of the work plan created pursuant to section 6 of
Act 234, Session Laws of Hawaii 2007.
(c) Any rule adopted by the director pursuant to this section shall ensure all of the following:
(1) The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the director; and
(2) If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this part.
(d) The director shall periodically review and update state emission reporting requirements and endeavor to make the requirements consistent with the requirements of international, federal, and other states' greenhouse gas emission reporting programs, as necessary.
(e) [After
January 1, 2012, the] The director may revise rules adopted pursuant
to this section and adopt additional rules to further this part."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Green House Gas; Emissions
Description:
Remove the requirement that the Department of Health adopt rules by the end of 2011 to implement a Greenhouse Gas reduction plan. The requirement and deadline are no longer relevant and the amendments will allow the department to adopt applicable rules at the proper time.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
