THE SENATE

S.C.R. NO.

225

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting a study on the feasibility of transferring all solid waste management functions to the public utilities commission.

 

WHEREAS, the State's landfills are near capacity in all counties, thus creating a health and environmental emergency crisis; and

WHEREAS, the State maintains and supports various waste management initiatives, including recycling; and

WHEREAS, at this time, recycling and all other current initiatives do not divert a sufficient amount of solid waste to meaningfully extend the life of the State's landfills; and

WHEREAS, pursuant to chapter 342G, Hawaii Revised Statutes, each county and the State are required to develop and implement integrated solid waste management plans; and

WHEREAS, those plans have not been revised or fully implemented to sufficiently address the landfill crisis and other related issues; and

WHEREAS, the number of complaints by Hawaii residents are increasing as the ill effects of overfilled and improperly maintained landfills reach residential areas; and

WHEREAS, a recent investigation reveals that illegal dumping of an estimated thirty tons of solid waste occurred in Waipahu on property owned by the City and County of Honolulu that was not a valid waste site; and

WHEREAS, it has been reported that the area upon which the illegal dumping occurred is situated over an aquifer, thus increasing the potential for contamination of Oahu's potable water resources; and

WHEREAS, this illegal dumping may only be an initial indication of widespread illegal disposal of solid waste and the actual prevalence of environmentally hazardous materials may be greater than currently estimated; and

WHEREAS, this revelation likely foreshadows future discovery of illegal dumping sites, additional violations of solid waste management laws, rules, and procedures, and the extensive environmental damage and risks to public health caused by irresponsible disposal of solid waste; and

WHEREAS, every effort should be made to identify the personnel, agency, and procedural and resource shortfalls that need to be addressed in order to ensure that solid waste is disposed of appropriately; and

WHEREAS, the State must now refocus on solid waste management issues to avert a health and environmental catastrophe; and

WHEREAS, a contributing factor to the State's solid waste management problem is the fact that the State lacks a single entity that has the authority and mandated responsibility to coordinate and administer all aspects of solid waste management; and

WHEREAS, if such an entity were to exist, the public and private businesses would be able to work with just one governmental agency to answer all its solid waste management concerns; and

WHEREAS, the Public Utilities Commission was established to regulate public utilities to ensure these utilities' compliance with the law and that the public interest is served; and

WHEREAS, the Public Utilities Commission may be an appropriate entity to regulate the State's solid waste management functions; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Legislative Reference Bureau is requested to study the feasibility of transferring all solid waste management functions and activities of the State to the Public Utilities Commission; and

BE IT FURTHER RESOLVED that in conducting the study, the Legislative Reference Bureau is requested to consider factors such as:

(1) Whether the Public Utilities Commission has the inherent expertise and staff necessary to administer all activities of the State's solid waste management activities and to investigate solid waste management technologies and their applicability to the State, including but not limited to the study of depolymerization and vulcanization;

(2) Whether, if solid waste management functions were consolidated under the Public Utilities Commission, it would be feasible to include under the Public Utilities Commission's jurisdiction the solid waste management functions and responsibilities currently exercised by the counties; and

(3) Whether there are solid waste management enterprises in the State that are physically and financially able to service the needs of the State if the State were to privatize solid waste management; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report on its findings and recommendations, including any cost and revenue estimates, and if necessary, draft implementing legislation to the Legislature not later than twenty days prior to the convening of the 2005 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau, the Chairperson of the Public Utilities Commission, the Director of Health, and the Mayors of each county.

 

 

 

OFFERED BY:

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Report Title:

Solid Waste Management; Public Utilities Commission; Study