HOUSE OF REPRESENTATIVES

H.B. NO.

1068

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GREENHOUSE GAS EMISSION RULES.

 

 

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

 


     SECTION 1.  Act 234, Session Laws of Hawaii 2007, in part required that the director of health adopt rules, by December 31, 2011, to achieve reductions of greenhouse gas emissions "based upon the recommendations and findings of the work plan created" by the greenhouse gas emission reduction task force that the Act also created.  The task force's final report and work plan to the 2010 legislature did not specify a regulatory air pollution control scheme for the department of health to adopt and specifically recognized the need to coordinate state efforts with ongoing United States Environmental Protection Agency developments.  The Environmental Protection Agency continues to adopt new regulations regarding greenhouse gases, both as to reporting and emission controls.

     The department of health needs flexibility to adopt greenhouse gas rules after national requirements become clearer and a regulatory scheme has been developed by the State.  This bill will change the mandate of the Act by extending the deadline for the adoption of specific rules and providing the department of health with some flexibility in its efforts to regulate the greenhouse gas emissions and to incorporate a reporting requirement.

     SECTION 2.  Section 342B-72, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) and (b) to read:

     "(a)  Before December 31, [2011] 2015, the director shall adopt rules pursuant to chapter 91:

     (1)  Establishing greenhouse gas emission limits applicable to sources or categories of sources, to be achieved by January 1, 2020, and establishing emission reduction measures to achieve the maximum practically and technically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit; and

     (2)  Requiring the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this part,

to become operative beginning on January 1, [2012] 2016.

     (b)  The director, to the extent feasible to achieve the statewide greenhouse gas emissions limit, shall adopt rules pursuant to chapter 91 and this section based upon the recommendations and findings of the work plan created pursuant to section 6 of Act 234, Session Laws of Hawaii 2007."

     2.  By amending subsection (e) to read:

     "(e)  After January 1, [2012] 2016, the director may revise rules adopted pursuant to this section and adopt additional rules to further this part."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2011.


Report Title:

Green House Gas; Emissions

          

Description:

Extends the requirement that the Department of Health adopt rules by the end of 2011 to the end of 2015 to implement a Greenhouse Gas reduction plan.  Requires implementation of rules by January 1, 2016.  (HB1068 HD1)

 

 

 

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