THE SENATE

S.R. NO.

86

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

URGING THE STATE DEPARTMENTS AND AGENCIES TO IMPLEMENT THE PRECAUTIONARY PRINCIPLE POLICY FRAMEWORK ON ENVIRONMENTAL PROTECTION IN CONDUCTING THE STATE'S AFFAIRS.

 

WHEREAS, every citizen has an equal right to a healthy and safe environment, which requires that our air, water, earth, and food be of a sufficiently high standard that individuals and communities can live healthy, fulfilling, and dignified lives; and

WHEREAS, the duty to enhance, protect, and preserve Hawaii's environment rests on the shoulders of government, residents, citizen groups, and businesses alike; and

WHEREAS, historically, environmentally harmful activities have only been stopped after they have manifested extreme environmental degradation or exposed people to harm; and

WHEREAS, the Precautionary Principle requires a thorough exploration and a careful analysis of a wide range of alternatives based on the best available science, the selection of the alternative that presents the least potential threat to human health and the State's natural systems, and public participation and an open and transparent decision-making process critical to finding and selecting alternatives; and

WHEREAS, the State sees the Precautionary Principle approach as its policy framework to develop laws for a healthier and more just Hawaii; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, that this body requests that where there are reasonable grounds for concern, the Precautionary Principle approach to decision-making shall be implemented by state departments and agencies to help reduce harm by triggering a process to select the least potential threat; and

BE IT FURTHER RESOLVED that the Precautionary Principle approach to decision-making to be implemented by state departments and agencies includes the following essential elements:

(1) Anticipatory Action: 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) Right to Know: 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) Alternatives Assessment: 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) Full Cost Accounting: 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 should be considered when making decisions; and

(5) Participatory Decision Process: Decisions applying to the Precautionary Principle must be transparent, participatory, and informed by the best available information; and

BE IT FURTHER RESOLVED that the Department of Health is requested to report to the Legislature on the overall effectiveness of the Precautionary Principle policy no later than November 1, 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; the Lieutenant Governor; Department of Accounting and General Services; Department of Agriculture; Department of the Attorney General; Department of Budget and Finance; Department of Business, Economic Development, and Tourism; Department of Commerce and Consumer Affairs; Department of Defense; Department of Education; Department of Hawaiian Home Lands; Department of Health; Department of Human Resources Development; Department of Human Services; Department of Labor and Industrial Relations; Department of Land and Natural Resources; Department of Public Safety; Department of Taxation; Department of Transportation; the University of Hawaii; and the Judiciary.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Environmental Protection in Conducting State's Affairs