Honolulu, Hawaii



RE:    H.B. No. 36

       H.D. 1

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Energy and Environment, to which was referred H.B. No. 36, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to clarify the nexus between the benefits sought and charges made on users and beneficiaries of the Environmental Health Education Fund (Fund) by:


     (1)  Changing the name of the Fund to the "Sanitation and Environmental Health Special Fund"; and


     (2)  Allowing the use of the Sanitation and Environmental Health Special Fund for sanitation program activities.


     Testimony in support of this measure, with suggested amendments, was submitted by one individual.  Testimony in opposition to the measure was submitted by one state department.  Testimony with concerns regarding the measure, with suggested amendments, was submitted by the Department of Health (DOH).  Written testimony presented to your Committee may be reviewed on the Legislature's website.


     Your Committee finds that this measure seeks to increase resources for the DOH Sanitation Branch's program operations, in part by increasing the amount of money the Fund may retain, and by amending the purposes for which the Fund may be used.  The premise of the measure is that the majority of fees for the Fund are collected by the DOH's sanitation program and, therefore, these fees should be spent on sanitation measures and programs. 


     Your Committee finds, however, that some clarification in the measure is required, as the overall purpose of the Fund is to enhance and improve programs within the Environmental Health Services Division, which includes not only the Sanitation Branch, but three other branches.  To properly improve these programs, the authorized uses of the Fund should be expanded to include operating costs of program activities and functions, such as permitting, monitoring, investigations, and enforcement, rather than being limited to education, training, and outreach activities.  The DOH also recommended an additional amendment to the measure in order to clarify that inspectors of food establishments do not need to be "registered", because section 321-13, Hawaii Revised Statutes, no longer requires sanitarians to be licensed by the DOH.


     Accordingly, your Committee has amended this measure by:


     (1)  Changing the name of the Fund to the "Environmental Health Special Fund", in order to reach the other branches within the Environmental Health Services Division;


     (2)  Expanding the type of activities for which Fund moneys may be expended to include permitting, inspections, other monitoring, and enforcement;


     (3)  Restoring the $300,000 cap on the Fund;


     (4)  Deleting the registration requirement for food establishment inspectors;


     (5)  Changing its effective date from July 1, 2020, to July 1, 2009; and


     (6)  Making nonsubstantive, technical changes for style and clarity, and to correctly reflect the language in the Hawaii Revised Statutes.


     As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 36, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 36, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.


Respectfully submitted on behalf of the members of the Committee on Energy and Environment,