Report Title:

Air pollution control


Authorizes the Director of Health to adopt rules it deems necessary for the public health and safety respecting the discharge of fugitive dust both within and beyond a property lot line. (HB1840 CD1)


H.B. NO.



H.D. 1


S.D. 1

C.D. 1





SECTION 1. Section 321-11, Hawaii Revised Statutes, is amended to read as follows:

"321-11 Subjects of health rules, generally. The department pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting:

(1) Nuisances, foul or noxious odors, gases, vapors, waters in which mosquitoes breed or may breed, sources of filth, and causes of sickness or disease, within the respective districts of the State, and on board any vessel;

(2) Adulteration and misbranding of food or drugs;

(3) The control of fugitive dust, including emissions that pass over a property lot boundary line, as well as those that pass into other buildings, structures, facilities, installations, or units within the same property lot boundary line, regardless of whether they enter the ambient air;

[(3)] (4) Location, air space, ventilation, sanitation, drainage, sewage disposal, and other health conditions of buildings, courts, construction projects, excavations, pools, watercourses, areas, and alleys;

[(4)] (5) Privy vaults and cesspools;

[(5)] (6) Fish and fishing;

[(6)] (7) Interments and dead bodies;

[(7)] (8) Disinterments of dead human bodies, including the exposing, disturbing, or removing of these bodies from their place of burial, or the opening, removing, or disturbing after due interment of any receptacle, coffin, or container holding human remains or a dead human body or a part thereof and the issuance and terms of permits for the aforesaid disinterments of dead human bodies;

[(8)] (9) Cemeteries and burying grounds;

[(9)] (10) Laundries, and the laundering, sanitation, and sterilization of articles including linen and uniforms used by or in the following businesses and professions: barber shops, manicure shops, beauty parlors, electrology shops, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses, midwives, masseurs, and others in similar calling, public or private hospitals, and canneries and bottling works where foods or beverages are canned or bottled for public consumption or sale; provided that nothing in this chapter shall be construed as authorizing the [prohibiting] prohibition of laundering, sanitation, and sterilization by those conducting any of these businesses or professions where the laundering or sterilization is done in an efficient and sanitary manner;

[(10)] (11) Hospitals, freestanding surgical outpatient facilities, skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, assisted living facilities, special treatment facilities and programs, home health agencies, hospices, freestanding birthing facilities, adult day health centers, independent group residences, and therapeutic living programs, but excluding youth shelter facilities unless clinical treatment of mental, emotional, or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility, as defined in section 346-16 under "child [care] caring institution". For the purpose of this paragraph, "adult foster home" has the same meaning as provided in section 321-11.2;

[(11)] (12) Hotels, rooming houses, lodging houses, apartment houses, tenements, and residences for persons with developmental disabilities, including[,] but not limited to[,] those built under federal funding;

[(12)] (13) Laboratories;

[(13)] (14) Any place or building where [noisome] harmful or noxious [trades] trade or [manufacturers are] manufacturing is carried on[,] or intended to be carried on;

[(14)] (15) Milk;

[(15)] (16) Poisons and hazardous substances, the latter term including but not limited to any substance or mixture of substances which:

(A) Is corrosive;

(B) Is an irritant;

(C) Is a strong sensitizer;

(D) Is inflammable; or

(E) Generates pressure through decomposition, heat, or other means,

if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;

[(16)] (17) Pig and duck ranches;

[(17)] (18) Places of business, industry, employment, and commerce, and the processes, materials, tools, machinery, and methods of work done therein; and places of public gathering, recreation, or entertainment;

[(18)] (19) Any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle, or place where any food, drug, or cosmetic is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold, offered for sale, or offered for human consumption or use;

[(19)] (20) Foods, drugs, and cosmetics, and the manufacture, compounding, processing, extracting, preparing, storing, selling, and offering for sale, consumption, or use of any food, drug, or cosmetic;

[(20)] (21) Devices as defined in section 328-1;

[(21)] (22) Sources of ionizing radiation;

[(22)] (23) Medical examination, vaccination, revaccination, and immunization of school children[. No]; provided that no child shall be subjected to medical examination, vaccination, revaccination, or immunization[, whose] if the child's parent or guardian objects in writing thereto on grounds that the requirements are not in accordance with the religious tenets of an established church of which the parent or guardian is a member or adherent, but no objection shall be recognized when, in the opinion of the department, there is danger of an epidemic from any communicable disease;

[(23)] (24) Disinsectization of aircraft entering or within the State as may be necessary to prevent the introduction, transmission, or spread of disease or the introduction or spread of any insect or other vector of significance to health;

[(24)] (25) Fumigation, including the process by which substances emit or liberate gases, fumes, or vapors which may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the department, may be lethal, poisonous, noxious, or dangerous to human life;

[(25)] (26) Ambulances and ambulance equipment;

[(26)] (27) Development, review, approval, or disapproval of management plans submitted pursuant to the Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519; and

[(27)] (28) Development, review, approval, or disapproval of an accreditation program for specially trained persons pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550.

The department may require any certificates, permits, or licenses that it may deem necessary to adequately regulate the conditions or businesses referred to in this section."

SECTION 2. Section 346-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) None of the facilities defined in subsection (a) shall be considered a special treatment facility [in the sense of] subject to section [321-11(10)] 321-11(11) unless clinical treatment of mental, emotional, or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility."

SECTION 3. Section 431:10H-301, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) For the purpose of subsection (b) and for the purpose of describing examples of services typically found in this State, coverage shall be one or more of the following services or any combination of services:

(1) Home health care services, as defined in section 431:10H-201;

(2) Adult day care, as defined in section 431:10H-201;

(3) Adult residential care home, as defined in section 321-15.1;

(4) Extended care adult residential care home, as defined in section 323D-2;

(5) Nursing home, as defined in section 457B-2;

(6) Skilled nursing facilities and intermediate care facilities, as referenced in section [321-11(10);] 321-11(11);

(7) Hospices, as referenced in section 321-11;

(8) Assisted living facility, as defined in section 323D-2;

(9) Personal care, as defined in section 431:10H-201;

(10) Respite care, as defined in section 333F-1; and

(11) Any other care as provided by rule of the commissioner."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.