STAND. COM. REP. 3195

Honolulu, Hawaii

, 2004

RE: H.B. No. 1840

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Health and Energy and Environment, to which was referred H.B. No. 1840, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AIR POLLUTION CONTROL,"

beg leave to report as follows:

The purpose of this measure is to authorize the Director of Health to adopt rules deemed necessary for the public health and safety respecting the discharge of fugitive dust both within and beyond a property lot line.

Testimony in support of this measure was received from State Representative Cindy Evans and Hawaii Packing and Crating. Testimony in opposition was received from the Department of Health (DOH) and the Pineapple Growers Association.

Your Committees find that there exists industrial situations in shared buildings where dust from one tenant infringes upon and enters into the facility of another tenant within the same property line. This measure would ensure that the discharge of fugitive dust both within and beyond the property lot line is statutorily regulated.

Your Committees have amended this measure by modifying the newly added paragraph (3) to section 321-11, to clarify the proponents' intent and to address concerns of the Department of Health. Your Committees believe these amendments help clarify the DOH's authority with regard to addressing complaints, and note that the fugitive air issue falls under the jurisdiction of DOH.

As affirmed by the records of votes of the members of your Committees on Health and Energy and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1840, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1840, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Health and Energy and Environment,

____________________________

J. KALANI ENGLISH, Chair

____________________________

ROSALYN H. BAKER, Chair