Bill Text: HI SB968 | 2021 | Regular Session | Introduced

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Bill Title: Relating To A Department Of Environmental Protection.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2021-01-29 - Referred to AEN/WTL/GVO, JDC. [SB968 Detail]

Download: Hawaii-2021-SB968-Introduced.html

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THE SENATE	S.B. NO.	968
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to a department of environmental protection.

 

 

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

 

     SECTION 1.   The legislature finds that Hawaii's government should operate as efficiently as possible to make the best use of government resources, personnel, and taxpayer dollars as it works to achieve the policy goals enacted by the legislature on behalf of the people of Hawaii.  However, natural resource and environmental management is split among many departments and agencies, often leading to inefficiencies.  For example, the use and protection of water resources is scattered among the environmental health administration and clean water branch of the department of health; the division of aquatic resources, commission on water resource management, office of conservation and coastal lands, and division of boating and ocean recreation of the department of land and natural resources; and the coastal zone management program of the office of planning of the department of business, economic development, and tourism.

The legislature also finds that several departments also suffer from internal conflicts of interest, including the department of land and natural resources, which is tasked to preserve Hawaii's public lands as well as make them available for other purposes.

The legislature further finds that because the scope and mission of some departments are so broad, directors must prioritize their requests for resources.  Inevitably, some programs and services outside a department's core mission are left behind.  These programs and services may be a better fit in another department where they can take a higher priority.

In addition, modern critical issues such as climate change necessitate that action and responsibility be spread among several departments.  It is sometimes unclear which departments will take the lead and which will be responsible for using their limited resources to tackle these challenges.  To clarify environmentally related subject matter jurisdiction, many states have a unified environmental department within their governmental organizational structures.

The legislature additionally finds that in 1984, the legislature adopted Senate Concurrent Resolution No. 135 and House Concurrent Resolution No. 78, requesting the legislative reference bureau to conduct a study on establishing a state environmental protection agency, department, or comparable body to coordinate and address matters of environmental quality.  In 1985, the legislative reference bureau released a study, "The Feasibility of Environmental Reorganization for Hawaii", which, in part, discussed the creation of a state department of environmental protection.

The legislature further finds that Act 293, Session Laws of Hawaii 1991 (Act 293), temporarily placed a department of environmental protection in the Hawaii Revised Statutes; however the Act also provided for its repeal on July 1, 1992, if the legislature failed to enact a bill establishing the powers, duties, and other provisions of the department of environmental protection during the regular session of 1992.  The department of environmental protection task force report, in response to Act 293, found that while there was consensus that a department of environmental protection should be established, the task force could not reach consensus on the strategy regarding the overall establishment of the department.  The legislature was not able to enact a law establishing the powers, duties, and other provisions of the department of environmental protection, and thus, Act 293 was repealed.

The purpose of this Act is to transfer the resources, duties, and responsibilities of certain environmental offices in the State to centralize and align environmental response within a department of environmental protection.

     SECTION 2.  Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to part 1 to be appropriately designated and to read as follows:

     "§26-     Department of environmental protection.  (a)  The department of environmental protection shall be headed by an executive board to be known as the board of environmental protection.

     (b)  The board of environmental protection shall consist of seven members, one from each land district and three at large.  The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34.  The majority of the members of the board shall have a background in at least one of the areas transferred to the department pursuant to subsection (d).

     (c)  The governor shall appoint a chairperson of the board from among the members.  The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.  The chairperson of the board shall serve in a full-time capacity.  The chairperson, in that capacity, shall perform those duties, and exercise those powers and authority, or so much thereof, as may be delegated by the board.

     (d)  The department shall be responsible for environmental regulatory functions and coordinating responsibilities in the management of Hawaii's environment.

     (e)  The following are transferred to the department of environmental protection as established by this chapter and placed under the administration of the department of environmental protection:

     (1)  Environmental response law (chapter 128D);

     (2)  Hawaii pesticides law (chapter 149A);

     (3)  Plant and non-domestic animal quarantine and microorganism import (chapter 150A);

     (4)  State water code (chapter 174C);

     (5)  Forest reserves, water development, zoning (chapter 183);

     (6)  Hawaiian fishponds (chapter 183B);

     (7)  Conservation district (chapter 183C);

     (8)  Wildlife (chapter 183D);

     (9)  State parks and recreation areas (chapter 184);

    (10)  Land fire protection law (chapter 185);

    (11)  Tree farms (chapter 186);

    (12)  Aquatic resources (chapter 187A);

    (13)  Fishing rights and regulations (chapter 188);

    (14)  West Hawaii regional fishery management area (chapter 188F);

    (15)  Commercial fishing (chapter 189);

    (16)  Marine life conservation program (chapter 190);

    (17)  Ocean and submerged lands leasing (chapter 190D);

    (18)  Conservation: employment programs (part IV, chapter 193);

    (19)  Natural area reserves system (chapter 195);

    (20)  Conservation of aquatic life, wildlife, and land plants (chapter 195D);

    (21)  Forest stewardship (chapter 195F);

    (22)  Energy resources (chapter 196);

    (23)  Geothermal and cable system development (chapter 196D);

    (24)  General provisions relating to aquatic resources and wildlife (chapter 197);

    (25)  Conservation easements (chapter 198);

    (26)  Solid waste (chapter 340A);

    (27)  Wastewater treatment personnel (chapter 340B);

    (28)  Safe drinking water (chapter 340E);

    (29)  Hawaii law for mandatory certification of public water system operators (chapter 340F);

    (30)  Environmental quality control (chapter 341);

    (31)  Air pollution control (chapter 342B);

    (32)  Water pollution (chapter 342D);

    (33)  Nonpoint source pollution management and control (342E);

    (34)  Integrated solid waste management (chapter 342G);

    (35)  Solid waste pollution (chapter 342H);

    (36)  Special wastes recycling (chapter 342I);

    (37)  Hazardous waste (chapter 342J);

    (38)  Underground storage tanks (chapter 342L);

    (39)  State environmental policy (chapter 344); and

    (40)  Uniform environmental covenants act (chapter 508C)."

     SECTION 3.  Section 26-4, Hawaii Revised Statutes, is amended to read as follows:

     "§26-4  Structure of government.  Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:

     (1)  Department of human resources development (Section 26-5);

     (2)  Department of accounting and general services (Section 26-6);

     (3)  Department of the attorney general (Section 26-7);

     (4)  Department of budget and finance (Section 26-8);

     (5)  Department of commerce and consumer affairs (Section 26-9);

     (6)  Department of taxation (Section 26-10);

     (7)  University of Hawaii (Section 26-11);

     (8)  Department of education (Section 26-12);

     (9)  Department of health (Section 26-13);

    (10)  Department of human services (Section 26-14);

    (11)  Department of land and natural resources (Section 26-15);

    (12)  Department of agriculture (Section 26-16);

    (13)  Department of Hawaiian home lands (Section 26-17);

    (14)  Department of business, economic development, and tourism (Section 26-18);

    (15)  Department of transportation (Section 26-19);

    (16)  Department of labor and industrial relations (Section 26-20);

    (17)  Department of defense (Section 26-21);

    (18)  Department of public safety (Section 26-14.6)[.]; and

    (19)  Department of environmental protection (Section 26‑   )."

     SECTION 4.  Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

     (1)  The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

     (2)  The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;

     (3)  The administrative director of the State;

     (4)  The president, the vice presidents, the assistant vice presidents, the chancellors, members of the board of regents, and the provosts of the University of Hawaii;

     (5)  The members of the board of education and the superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

     (6)  The administrative director and the deputy director of the courts;

     (7)  The administrator and the assistant administrator of the office of Hawaiian affairs; and

     (8)  The members of the following state boards, commissions, and agencies:

          (A)  The board of directors of the agribusiness development corporation established under section 163D-3;

          (B)  The board of agriculture established under section 26-16;

          (C)  The state ethics commission established under section 84-21;

          (D)  The Hawaii community development authority established under section 206E-3;

          (E)  The Hawaiian homes commission established under the Hawaiian Homes Commission Act of 1920, as amended, and section 26-17;

          (F)  The board of directors of the Hawaii housing finance and development corporation established under section 201H-3;

          (G)  The board of land and natural resources established under section 171-4;

          (H)  The state land use commission established under section 205-1;

          (I)  The legacy land conservation commission established under section 173A-2.4;

          (J)  The natural area reserves system commission established under section 195-6;

          (K)  The board of directors of the natural energy laboratory of Hawaii authority established under section 227D-2;

          (L)  The board of directors of the Hawaii public housing authority established under section 356D‑3;

          (M)  The public utilities commission established under section 269-2; [and]

          (N)  The commission on water resource management established under section 174C-7[.]; and

          (O)  The board of environmental protection established under section 26-   ."

     SECTION 5.  Section 194-2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "§194-2  [[]Establishment of council; duties.[]]  (a)  There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful.  The council shall:

     (1)  Maintain a broad overview of the invasive species problem in the State;

     (2)  Advise, consult, and coordinate invasive species-related efforts with and between the departments of agriculture, land and natural resources, health, and transportation, as well as state, federal, international, and privately organized programs and policies;

     (3)  Identify and prioritize each lead agency's organizational and resource shortfalls with respect to invasive species;

     (4)  After consulting with appropriate state agencies, create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species; provided that the appropriate state agencies shall collaborate with the counties and communities to develop and implement a systematic approach to reduce and control coqui frog infestations on public lands that are near or adjacent to communities, and shall provide annual reports on the progress made in achieving this objective;

     (5)  Coordinate and promote the State's position with respect to federal issues, including:

          (A)  Quarantine preemption;

          (B)  International trade agreements that ignore the problem of invasive species in Hawaii;

          (C)  First class mail inspection prohibition;

          (D)  Whether quarantine of domestic pests arriving from the mainland should be provided by the federal government;

          (E)  Coordinating efforts with federal agencies to maximize resources and reduce or eliminate system gaps and leaks, including deputizing the United States Department of Agriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;

          (F)  Promoting the amendment of federal laws as necessary, including the Lacey Act Amendments of 1981, Title 16 United States Code sections 3371-3378; Public Law 97-79, and laws related to inspection of domestic airline passengers, baggage, and cargo; and

          (G)  Coordinating efforts and issues with the federal Invasive Species Council and its National Invasive Species Management Plan;

     (6)  Identify and record all invasive species present in the State;

     (7)  Designate the department of agriculture, environmental protection, health, or land and natural resources as the lead agency for each function of invasive species control, including prevention, rapid response, eradication, enforcement, and education;

     (8)  Identify all state, federal, and other moneys expended for the purposes of the invasive species problem in the State;

     (9)  Identify all federal and private funds available to the State to fight invasive species and advise and assist state departments to acquire these funds;

    (10)  Advise the governor and legislature on budgetary and other issues regarding invasive species;

    (11)  Provide annual reports on budgetary and other related issues to the legislature twenty days prior to each regular session;

    (12)  Include and coordinate with the counties in the fight against invasive species to increase resources and funding and to address county-sponsored activities that involve invasive species;

    (13)  Review state agency mandates and commercial interests that sometimes call for the maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources, or other values;

    (14)  Review the structure of fines and penalties to ensure maximum deterrence for invasive species-related crimes;

    (15)  Suggest appropriate legislation to improve the State's administration of invasive species programs and policies;

    (16)  Incorporate and expand upon the department of agriculture's weed risk assessment protocol to the extent appropriate for the council's invasive species control and eradication efforts; and

    (17)  Perform any other function necessary to effectuate the purposes of this chapter.

     (b)  The council shall be placed within the department of [land and natural resources] environmental control for administrative purposes only and shall be composed of:

     (1)  The president of the University of Hawaii, or the president's designated representative;

     (2)  The director, or the director's designated representative, of each of the following departments:

          (A)  Business, economic development, and tourism;

          (B)  Health; and

          (C)  Transportation; and

     (3)  The chairperson, or the chairperson's designated representative, of each of the following departments:

          (A)  Agriculture; [and]

          (B)  Environmental Protection; and

        [(B)]  (C)  Land and natural resources."

     SECTION 6.  (a)  Within ninety days of the effective date of this Act, the governor shall designate a representative who shall facilitate the department of environmental protection's orderly succession to the jurisdiction, powers, functions, rights, benefits, obligations, assets, liabilities, funds, accounts, contracts, and all other things currently held, used, incurred, or performed by the department of land and natural resources, its chairperson and staff; department of agriculture, its chairperson and staff; and department of health, or its director and staff, in administering and exercising the authority and fulfilling the responsibilities authorized or conferred upon the departments of land and natural resources, agriculture, and health and the chair of the board of land and natural resources, chair of the board of agriculture, and director of health, by the chapters transferred in section 2 of this Act.

     (b)  Within one hundred eighty days of the effective date of this Act, the governor shall appoint the members of the board of environmental protection.

     (c)  To facilitate the department of environmental protection's timely assumption of the departments' authority and responsibilities, the department of land and natural resources, department of health, department of agriculture, department of accounting and general services, department of human resources development, state procurement office, and any other state department or agency shall, if requested by the department of environmental protection, enter into a memorandum of understanding with the department of environmental protection to:

     (1)  Provide administrative support services for the department pending the transfer of employees to the department of environmental protection pursuant to section 8 of this Act;

     (2)  Develop a policy and set of robust procurement procedures that foster accountability, transparency and oversight of contracts, including compliance with federal procurement requirements;

     (3)  Assist the department of environmental protection with the organization of its human resources development functions, including establishing:

          (A)  A human resources office; and

          (B)  The department of environmental protection's civil service and civil service positions, and the classification system, merit appeals board, recruitment system, performance appraisal system, and administrative rules, policies, standards, and procedures, including internal complaint procedures, adopted to support its civil service.

     (4)  Assist the department of environmental protection in establishing its accounting, budgeting, fund management, and communication and electronic information systems, and creating appropriate interfaces between the department's accounting, budgeting, fund management, communication and electronic information systems, and those of the other departments and other state agencies;

     (5)  Assist the department of environmental protection in identifying the plans and reports that departments and agencies administratively attached to a department are required to prepare for the governor, legislature, or another state department or agency; determining whether those plans and reports have been prepared and will be transferred to the department on the transfer completion date; and preparing the same for the department of environmental protection, if they do not exist; and

     (6)  Expeditiously transfer or otherwise facilitate the department of environmental protection's acquisition or assumption of all of the powers, functions, rights, benefits, obligations, assets, funds, accounts, contracts, and all other things held, used, incurred, or performed by the:

          (A)  Department of land and natural resources, board of land and natural resources, chairperson of board of land and natural resources, and staff of the department of land and natural resources;

          (B)  Department of agriculture, board of agriculture, chairperson of the board of agriculture, and staff of the department of agriculture; and

          (C)  Department of health, director of health, and staff of the department of health,

          in exercising the authority and fulfilling and administering the responsibilities conferred upon the department of environmental protection by transfer of chapters 128D, 149A, 150A, 174C, 183, 183B, 183C, 183D, 184, 185, 186, 187A, 188, 188F, 189, 190, 190D, 193, 194, 195, 195D, 195F, 196, 196D, 197, 198D, 340A, 340B, 340E, 340F, 341, 342B, 342D, 342E, 342G, 342H, 342I, 342J, 342L, 344, and 508C, Hawaii Revised Statutes, to the department by this Act.

     (d)  As soon as feasible, the department of environmental protection, with the concurrence of the chairperson of the board of land and natural resources, chairperson of the board of agriculture, director of health, and governor, shall establish the transfer completion date, which shall be no later than December 31, 2024, and publish notice of the transfer completion date by:

     (1)  Publishing the notice in a daily publication of statewide circulation pursuant to section 1-28.5, Hawaii Revised Statutes;

     (2)  Posting a copy of the notice on an electronic calendar on a website maintained by the State; and

     (3)  Providing a copy of the notice to the head of every other state department.

     SECTION 7.  Chapters 174, 183, 183B, 183D, 184, 185, 186, 187A, 188, 188F, 189, 190, 190D, part IV of 193, 195, 195D, 195F, 196D, 197, and 198D, Hawaii Revised Statutes, are amended by substituting the phrase "department of environmental protection", or similar term, wherever the term "department of land and natural resources", or similar term, appears, as the context requires.

     SECTION 8.  Chapters 174, 183, 183D, 184, 185, 186, 187A, 190D, 195, 195D, 195F, 197, and 198D, Hawaii Revised Statutes, are amended by substituting the phrase "board of environmental protection", or similar term, wherever the phrase "board of land and natural resources", or similar term, appears, as the context requires.

     SECTION 9.  Chapters 183D, 184, 190D, 195, and 198D, Hawaii Revised Statutes, are amended by substituting the term "chairperson of the board of environmental protection", or similar term, wherever the term "chairperson of the board of land and natural resources", or similar term, appears, as the context requires.

     SECTION 10.  Chapters 149A and 150A, Hawaii Revised Statutes, are amended by substituting the term "department of environmental protection", or similar term, wherever the phrase "department of agriculture", or similar term, appears, as the context requires.

     SECTION 11.  Chapters 149A and 150A, Hawaii Revised Statutes, are amended by substituting the term "board of environmental protection", or similar term, wherever the phrase "board of agriculture", or similar term, appears, as the context requires.

     SECTION 12.  Chapters 149A and 150A Hawaii Revised Statutes, are amended by substituting the term "chairperson of the board of environmental protection", or similar term, wherever the term "chairperson of the board of agriculture", or similar term, appears, as the context requires.

     SECTION 13.  Chapters 128D, 340A, 340B, 340E, 340F, 341, 342B, 342D, 342E, 342G, 342H, 342I, 342J, 342L, and 508C, Hawaii Revised Statutes, are amended by substituting the term "department of environmental protection", or similar term, wherever the term "department of health" or similar term, appears, as the context requires.

     SECTION 14.  Chapters 128D, 340B, 340E, 340F, 342B, 342D, 342E, 342G, 342H, 342I, 342J, 342L, and 508C, Hawaii Revised Statutes, are amended by substituting the term "chairperson of the board of environmental protection", or similar term, wherever the term "director of health" or similar term, appears, as the context requires.

     SECTION 15.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources, department of agriculture, and department of health relating to the functions transferred to the department of environmental protection shall be transferred with the functions to which they relate.

SECTION 16.  All rights, powers, functions, and duties of the department of land and natural resources, department of agriculture, and department of health are transferred to the department of environmental protection.

     All employees who occupy civil service positions and whose functions are transferred to the department of environmental protection from the department of land and natural resources, department of agriculture, and department of health by this Act shall retain their civil service status, whether permanent or temporary.  Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act.  An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws.  The chairperson of board of environmental protection may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 17.  (a)  The department of land and natural resources shall be responsible for any and all obligations incurred by the department in connection with the department's exercise of the authority and performance of the duties and responsibilities conferred upon it and its chairperson by chapters 174, 183, 183B, 183D, 184, 185, 186, 187A, 188, 188F, 189, 190, 190D, part IV of 193, 195, 195D, 195F, 196D, 197, and 198D, Hawaii Revised Statutes, until the time that the obligations, including any accounts payable, accrued paid time off, debt, capital leases, and other obligations incurred before the transfer completion date, have been assumed by the department of environmental protection, which shall not occur prior to the transfer completion date.

     (b)  All collective bargaining disputes or claims against the department of land and natural resources grounded in an act or omission, or an event that occurred prior to the transfer completion date shall remain the responsibility of the department of land and natural resources.

     (c)  All liabilities arising out of the department of environmental protection's exercise of the authority and performance of the duties and responsibilities conferred upon it and its chairperson by chapters 174, 183, 183B, 183D, 184, 185, 186, 187A, 188, 188F, 189, 190, 190D, part IV of 193, 195, 195D, 195F, 196D, 197, and 198D, Hawaii Revised Statutes, after the transfer completion date shall be the responsibility of the department of environmental protection.

     (d)  The assumption by the department of environmental protection of the bonds, notes, or other obligations of the department of land and natural resources shall be subject to the terms and provisions of any certificate, indenture, or resolution securing those bonds, notes, or other obligations.

     (e)  On the transfer completion date, the department of environmental protection shall assume responsibility for all rights, duties, penalties, and proceedings of the department of land and natural resources by the transfer of chapters 174, 183, 183B, 183D, 184, 185, 186, 187A, 188, 188F, 189, 190, 190D, part IV of 193, 195, 195D, 195F, 196D, 197, and 198D, Hawaii Revised Statutes, to the department of environmental protection under this Act.

     SECTION 18.  (a)  The department of agriculture shall be responsible for any and all obligations incurred by the department in connection with the department's exercise of the authority and performance of the duties and responsibilities conferred upon it and its chairperson by chapters 149A and 150A, Hawaii Revised Statutes, until the time that the obligations, including any accounts payable, accrued paid time off, debt, capital leases, and other obligations incurred before the transfer completion date, have been assumed by the department of environmental protection, which shall not occur prior to the transfer completion date.

     (b)  All collective bargaining disputes or claims against the department of agriculture grounded in an act or omission, or an event that occurred prior to the transfer completion date shall remain the responsibility of the department of agriculture.

     (c)  All liabilities arising out of the department of environmental protection's exercise of the authority and performance of the duties and responsibilities conferred upon it and its chairperson by chapters 149A and 150A, Hawaii Revised Statutes, after the transfer completion date shall be the responsibility of the department of environmental protection.

     (d)  The assumption by the department of environmental protection of the bonds, notes, or other obligations of the department of agriculture shall be subject to the terms and provisions of any certificate, indenture, or resolution securing those bonds, notes, or other obligations.

     (e)  On the transfer completion date, the department of environmental protection shall assume responsibility for all rights, duties, penalties, and proceedings of the department of agriculture by the transfer of chapters 149A and 150A, Hawaii Revised Statutes, to the department of environmental protection under this Act.

     SECTION 19.  (a)  The department of health shall be responsible for any and all obligations incurred by the department in connection with the department's exercise of the authority and performance of the duties and responsibilities conferred upon it and its director by chapters 128D, 340A, 340B, 340E, 340F, 341, 342B, 342D, 342E, 342G, 342H, 342I, 342J, 342L, and 508C, Hawaii Revised Statutes, until the time that the obligations, including any accounts payable, accrued paid time off, debt, capital leases, and other obligations incurred before the transfer completion date, have been assumed by the department of environmental protection, which shall not occur prior to the transfer completion date.

     (b)  All collective bargaining disputes or claims against the department of health grounded in an act or omission, or an event that occurred prior to the transfer completion date shall remain the responsibility of the department of health.

     (c)  All liabilities arising out of the department of environmental protection's exercise of the authority and performance of the duties and responsibilities conferred upon it and its chairperson by chapters 128D, 340A, 340B, 340E, 340F, 341, 342B, 342D, 342E, 342G, 342H, 342I, 342J, 342L, and 508C, Hawaii Revised Statutes, after the transfer completion date shall be the responsibility of the department of environmental protection.

     (d)  The assumption by the department of environmental protection of the bonds, notes, or other obligations of the department of health shall be subject to the terms and provisions of any certificate, indenture, or resolution securing those bonds, notes, or other obligations.

     (e)  On the transfer completion date, the department of environmental protection shall assume responsibility for all rights, duties, penalties, and proceedings of the department of health by the transfer of chapters 128D, 340A, 340B, 340E, 340F, 341, 342B, 342D, 342E, 342G, 342H, 342I, 342J, 342L, and 508C, Hawaii Revised Statutes, to the department of environmental protection under this Act.

SECTION 20.  On or no more than ninety days after the transfer completion date, all appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources, department of agriculture, and department of health relating to the functions transferred to the department of environmental protection by this Act shall be transferred with the functions to which they relate.

SECTION 21.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources, department of agriculture, and department of health to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of environmental protection by this Act shall remain in full force and effect on and after the transfer completion date established pursuant to section 6 of this Act, until amended or repealed by the department of environmental protection pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the department of land and natural resources, board of land and natural resources, chairperson of the board of land and natural resources; department of agriculture, board of agriculture, chairperson of the board of agriculture; and department of health and director of health, in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of environmental protection or chairperson of the board of environmental protection, as appropriate.

SECTION 22.  All deeds, executive orders, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of land and natural resources, department of agriculture, and department of health, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of environmental protection by this Act shall remain in full force and effect.  On the transfer completion date established pursuant to section 6 of this Act, every reference to the department of land and natural resources, department of agriculture, and department of health in those deeds, executive orders, leases, contracts, loans, agreements, permits or other documents shall be construed as a reference to the department of environmental protection or the board of environmental protection.

SECTION 23.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 24.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 25.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 26.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Department of Environmental Protection; Establishment; Transfer of Functions; Department of Land and Natural Resources; Department of Agriculture; Department of Health

 

Description:

Establishes the department of environmental protection.  Transfers jurisdiction of certain functions and employees of the department of land and natural resources, department of agriculture, and department of health to the department of environmental protection.

 

 

 

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