Report Title:

Precautionary Principle; Environmental Policy

Description:

Incorporates the precautionary principle in state environmental policy decision-making.

HOUSE OF REPRESENTATIVES

H.B. NO.

2820

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to environmental policy.

 

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

SECTION 1. Chapter 344, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§344-    The precautionary principle. The precautionary principle approach to decision-making shall be implemented by state departments and agencies to help reduce environmental harm, by triggering a process to select the least potential threat. The precautionary principle approach includes the following essential elements:

(1) There is a duty to take anticipatory action to prevent harm. Government, business, and community groups, as well as the general public, share this responsibility;

(2) The community has a right to know complete and accurate information on potential human health and environmental impacts associated with the selection of products, services, operations, or plans. The burden to supply this information lies with the proponent, not with the general public;

(3) An obligation exists to examine a full range of alternatives and select the alternative with the least potential impact on human health and the environment, including the alternative to do nothing;

(4) When evaluating potential alternatives, there is a duty to consider all the reasonably foreseeable costs, including raw materials, manufacturing, transportation, use, cleanup, eventual disposal, and health costs, even if such costs are not reflected in the initial price. Short- and long-term benefits and time thresholds shall be considered when making decisions; and

(5) Decisions applying to the precautionary principle shall be transparent, participatory, and informed by the best available information."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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