Bill Text: HI SB375 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 375 (Prior Session Legislation)

Introduced

Bill Title: Conservation; Mining and Materials; Hydraulic Fracturing

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB375 Detail]

Download: Hawaii-2014-SB375-Introduced.html

THE SENATE	S.B. NO.	375
TWENTY-SEVENTH LEGISLATURE, 2013
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 the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for the purpose of producing or recovering oil or gas.

§ -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 without first obtaining a permit to do so.

(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 Application for permit; fee. (a) Any person, corporation, or other business entity desiring to engage in hydraulic fracturing or collect, transport, store, process, or discharge waste fluid from hydraulic fracturing shall make written application to the board for a permit. Application for the permit shall be made upon forms furnished by the board, which shall require such documentation or information as the board may require. The application shall be accompanied by an annual fee in an amount to be determined by the board.

(b) After a public hearing conducted in accordance with chapter 91, the board, in its discretion, may grant an application for a permit with or without conditions or deny an application for a permit. The board may cancel a permit or amend conditions in a permit upon written notice and a public hearing conducted in accordance with chapter 91.

(c) The board shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. No permit shall be issued to allow hydraulic fracturing or the collection, transportation, storage, processing, or discharge of waste fluid from hydraulic fracturing pending the adoption of rules by the board.

§ -4 Penalty; injunction. Any person, corporation, or other business entity that violates section -2 shall be fined not more than $ for every violation.

Any person, corporation, or other business that entity 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.

§ -5 Enforcement. The board or its authorized representative is authorized to charge and collect the fines set forth pursuant to section -4 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 upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Conservation; Mining and Materials; Hydraulic Fracturing

Description:

Prohibits hydraulic fracturing for oil or gas recovery and the collection, storage, treatment, or discharge of wastewater from hydraulic fracturing without first obtaining a permit from the board of land and natural resources. Establishes procedures for obtaining a permit. Requires the board to adopt rules. Provides for penalties and enforcement.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.