REPORT TITLE:



DESCRIPTION:


 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HAZARDOUS MATERIALS.



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

 1      SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended
 
 2 by amending the title of part XII to read as follows:
 
 3      "PART XII.  TRANSPORTATION OF HAZARDOUS MATERIALS[,
 
 4 HAZARDOUS WASTE, INFECTIOUS SUBSTANCES, AND MEDICAL WASTE]"
 
 5      SECTION 2.  Section 286-221, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "286-221  Definitions.  As used in this part, unless the
 
 8 context otherwise requires:
 
 9      ["Extremely hazardous substance" means for transportation
 
10 purposes, chemicals transported in commerce that could cause
 
11 serious health effects following short-term exposure from
 
12 accidental releases and which are listed in Part 355 of Title 40
 
13 of the Code of Federal Regulations.]
 
14      "Hazardous material" means a substance or material[,
 
15 including a hazardous substance,] which has been determined by
 
16 the United States Secretary of Transportation to be capable of
 
17 posing an unreasonable risk to health, safety, and property when
 
18 transported in commerce, and which has been so designated.  The
 
19 term includes hazardous substances, hazardous wastes, infectious
 

 
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 1 substances, medical wastes, marine pollutants, elevated
 
 2 temperature materials, and materials that meet the defining
 
 3 criteria for hazard classes and divisions in title 49, Code of
 
 4 Federal Regulations, part 173.
 
 5      "Hazardous materials incident" means an occurrence or likely
 
 6 occurrence or potential of a spill, release, leakage, dumping, or
 
 7 loss of control of [an extremely hazardous substance, hazardous
 
 8 substance,] a hazardous material[, hazardous waste, infectious
 
 9 substance, or medical waste] during the course of transportation
 
10 in commerce including loading, unloading, or temporary storage.
 
11      "Hazardous substance" means[for transportation purposes,
 
12 shipments of particular quantities of hazardous substances that
 
13 are significant enough to be a substantial threat to public
 
14 health and the environment, and which are listed in Part 172 of
 
15 Title 49 of the Code of Federal Regulations.] any material,
 
16 including its mixtures and solutions, defined under title 49,
 
17 Code of Federal Regulations, part 171.
 
18      "Hazardous waste" means any material designated in [Part 261
 
19 of Title 40 of the] title 40, Code of Federal Regulations, part
 
20 261 and which are subject to the hazardous waste manifest
 
21 requirements of [Part 262 of Title]title 40, Code of Federal
 
22 Regulations[.] ,part 262.
 
23      "Infectious substance" means a viable microorganism, or its
 

 
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 1 toxin, which causes or may cause disease in humans and
 
 2 animals[.], or which is further described as an infectious
 
 3 substance in title 49, Code of Federal Regulations, part 173.
 
 4      "Medical waste" means for transportation purposes, shipments
 
 5 of medical waste material generated in the diagnosis, treatment,
 
 6 or immunization of human beings and animals, in research
 
 7 pertaining thereto, in the production or testing of biologicals,
 
 8 or which are further described as regulated medical waste in
 
 9 [Part 173 of Title] title 49, Code of Federal Regulations[.],part
 
10 173.
 
11      ["Transportation-related release" means a release of a
 
12 hazardous material, hazardous substance, extremely hazardous
 
13 substance, hazardous waste, infectious substance, or medical
 
14 waste that occurs during the course of transportation in commerce
 
15 including storage incidental to transportation while under active
 
16 shipping papers or manifests and which has not reached the
 
17 ultimate consignee.]"
 
18      SECTION 3.  Section 286-222, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "286-222  General powers.  (a)  The department of
 
21 transportation may regulate the transportation of hazardous
 
22 materials[, hazardous waste, hazardous substances, infectious
 
23 substances, and medical waste] by motor carrier in commerce.
 

 
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 1      (b)  The department shall annually adopt the hazardous
 
 2 [materials] material regulations established by the United States
 
 3 Department of Transportation and published in [Title] title 49
 
 4 [of the],Code of Federal Regulations, [Parts] parts 107, 171 to
 
 5 173, inclusive, and [Parts] parts 177, 178, and 180.  All other
 
 6 rules adopted by the State and political subdivisions thereof
 
 7 shall be consistent therewith.
 
 8      (c)  Any hazardous material[, including hazardous substances
 
 9 and hazardous waste, and any infectious substance or medical
 
10 waste,] which meets the federal and state criteria of a hazardous
 
11 material[, infectious substance, or medical waste] must be
 
12 handled and transported according to the appropriate requirements
 
13 of the federal hazardous materials regulations and the additional
 
14 requirements in this part."
 
15      SECTION 4.  Section 286-223, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "286-223  Scope.  (a)  The federal rules establish minimum
 
18 standards and must be complied with when transporting a hazardous
 
19 material[, hazardous waste, hazardous substance, infectious
 
20 substance, or medical waste] by motor carrier in commerce.
 
21      [(b)  For purpose of clarity and conformance with the rules
 
22 established for describing hazardous materials on shipping papers
 
23 and simplicity in hazardous materials incident reporting,
 

 
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 1 hazardous substances and extremely hazardous substances as
 
 2 previously defined, shall be reported as hazardous materials.
 
 3      (c)] (b)  Transport shall be deemed to include any operation
 
 4 incidental to the whole course of carriage by motor carrier from
 
 5 shippers point of origin to final destination[.] , including
 
 6 storage incidental to transportation while under active shipping
 
 7 papers and prior to the hazardous material reaching the ultimate
 
 8 consignee.
 
 9      [(d)] (c)  No person shall transport any hazardous
 
10 material[, hazardous waste, hazardous substance, infectious
 
11 substance, or medical waste] outside the confines of the person's
 
12 facility or other location of storage or use, or offer or deliver
 
13 any hazardous materials[, hazardous waste, hazardous substances,
 
14 infectious substances, or medical waste] to a motor carrier for
 
15 transportation in commerce, nor shall any motor carrier accept
 
16 any hazardous materials[, hazardous waste, hazardous substances,
 
17 infectious substances, or medical waste] for transport, without
 
18 compliance with the applicable requirements of the hazardous
 
19 [materials] material rules adopted by the department, including
 
20 those relating to packaging of hazardous materials[, hazardous
 
21 waste, hazardous substances, infectious substances, and medical
 
22 waste], marking and labeling of packages, preparation and
 
23 carriage of shipping papers or manifests, handling, loading, and
 

 
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 1 unloading packages, placarding of the transporting vehicle,
 
 2 training of employees, inspection of motor carrier vehicles, and
 
 3 motor carrier accident and hazardous materials incident
 
 4 reporting.
 
 5      [(e)] (d)  No person in the course of transportation in
 
 6 commerce, shall spill, dump, deposit, or cause the release of a
 
 7 hazardous material[, hazardous waste, hazardous substance,
 
 8 infectious substance, or medical waste] upon a public highway,
 
 9 street, or the surrounding or connecting property, including but
 
10 not limited to, storm drains, gutters, harbors, waterways,
 
11 canals, lakes, and ocean shorelines, without immediately taking
 
12 action to stop the spread of the material or remove the same or
 
13 cause the same to be removed.  If such person fails to comply
 
14 with this subsection, the governmental agency responsible for the
 
15 maintenance of the highway, street, or property on which the
 
16 material was deposited may remove such materials and collect, by
 
17 civil action, if necessary, the actual cost of the removal
 
18 operation and repair of damage to the affected facility or
 
19 property from the person responsible as stated in this
 
20 subsection.
 
21      [(f)  Owners or operators of a facility from which there is
 
22 a transportation-related release are subject to the hazardous
 
23 materials transportation incident reporting requirements of this
 

 
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 1 part.
 
 2      (g)  A copy of any written report required under this part
 
 3 shall be submitted to the director of transportation within
 
 4 fifteen days of the reported incident.]"
 
 5      SECTION 5.  Section 286-224, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "286-224  Inspections.  (a)  Any shipment or transport of
 
 8 hazardous materials[, hazardous waste, hazardous substances,
 
 9 infectious substances, or medical waste,] by motor vehicle in
 
10 commerce of which vehicle placarding or a shipping paper or
 
11 manifest is required by the hazardous materials regulations
 
12 adopted by the State, is subject to inspection by persons
 
13 appointed by the director of transportation to enforce the safe
 
14 transportation of hazardous materials[, hazardous waste,
 
15 hazardous substances, infectious substances, and medical waste]
 
16 in commerce and by those state and county officers charged with
 
17 the enforcement of laws and ordinances adopted pursuant to this
 
18 part.
 
19      (b)  All carriers and persons that use a highway or street
 
20 to transport hazardous materials[, hazardous waste, hazardous
 
21 substances, infectious substances, or medical waste] in commerce
 
22 shall afford the director of transportation, persons designated
 
23 by the director, and those persons designated by the county
 

 
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 1 executive officers, reasonable opportunity to enter and inspect
 
 2 freight containers, and motor vehicles, to review and document
 
 3 deficiencies on shipping papers and manifests, and to inspect
 
 4 other places incidental to the transshipment of hazardous
 
 5 materials[, hazardous waste, hazardous substances, infectious
 
 6 substances, and medical waste] by motor carrier vehicles."
 
 7      SECTION 6.  Section 286-225, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "286-225  Hazardous materials incident reporting.(a)  Any
 
10 employee of the motor carrier, the driver, handlers, and loaders,
 
11 and any employees of state and county governments shall report
 
12 [incidents involving] hazardous materials[ , hazardous waste,
 
13 infectious substances, and medical waste] incidents as follows:
 
14      (1)  Upon becoming aware of or observing the potential or
 
15           actual spill, leakage, or loss of control of a
 
16           hazardous material, [hazardous waste, or hazardous
 
17           substance,] shall immediately, or as soon as possible,
 
18           notify the nearest police or fire department and make a
 
19           report of the situation.  This incident reporting
 
20           requirement does not relieve a carrier or shipper of
 
21           the responsibility to notify the United States
 
22           Department of Transportation, state department of
 
23           health, or local emergency planning committee of
 

 
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 1           certain hazardous materials incidents.
 
 2      (2)  Whenever an infectious substance shipment is lost,
 
 3           stolen, or suspected or known to be leaking from its
 
 4           containment packaging, shall immediately, or as soon as
 
 5           possible, notify the state department of health, and
 
 6           the Centers for Disease Control in Atlanta, Georgia,
 
 7           and make a report of the situation.
 
 8      (3)  Spillage or loss of control of a regulated medical
 
 9           waste shipment in commerce shall be reported
 
10           immediately, or as soon as possible to the state
 
11           department of health.
 
12      (b)  Whenever possible, the incident report should include
 
13 [the]:
 
14      (1)  The name and telephone number of the person calling in
 
15           the report[,the];
 
16      (2)  The name of the carrier[,type];
 
17      (3)  Type of vehicle involved[,injuries];
 
18      (4)  Injuries or fatalities connected with the incident, if
 
19           any[,the];
 
20      (5)  The location and time of the incident[,the];
 
21      (6)  The duration of a chemical release into the
 
22           environment, if known[,a];
 
23      (7)  A description of hazards involved to include the
 

 
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 1           chemical name or identity of any substance
 
 2           released[,hazardous];
 
 3      (8)  Hazardous materials classification, markings, and
 
 4           information on labels and placards affixed on packages,
 
 5           containers or vehicles[,]; and [emergency]
 
 6      (9)  Emergency actions taken including evacuation to
 
 7           minimize hazardous effects to public health, safety,
 
 8           and property.
 
 9      (c)  A copy of any written notification required under title
 
10 49, Code of Federal Regulations, part 171 shall be provided to
 
11 the state director of transportation."
 
12      SECTION 7.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 8.  This Act shall take effect upon its approval. 
 
15 
 
16                           INTRODUCED BY:  _______________________
 

 
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