STAND. COM. REP. NO. 496-14


Honolulu, Hawaii

, 2014


RE: H.B. No. 2359

H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii




Your Committees on Energy & Environmental Protection and Water & Land, to which was referred H.B. No. 2359 entitled:




beg leave to report as follows:


The purpose of this measure is to prohibit and establish penalties for hydraulic fracturing and the collection, storage, treatment, or discharge of wastewater from hydraulic fracturing.


A Councilmember of Kauai County Council; Kanaka Maoli'O Puna; Village Green Society; MoveOn Honolulu Council; Hawaii's Thousand Friends; and numerous concerned individuals testified in support of this measure. The Department of Business, Economic Development, and Tourism; Department of Land and Natural Resources; Huena Power; Indigenous Consultants, LLC; Innovations Development Group; Big Island Community Coalition; and a concerned individual testified in opposition to this measure. Life of the Land and Sierra Club of Hawaii commented on this measure.


Your Committee has amended this measure by:


(1) Clarifying that the definition of "hydraulic fracturing" does not include drilling into underground geologic formations for the purpose of obtaining drinking water;


(2) Including a sunset date of July 1, 2017, and changing the effective date to January 28, 2878, to encourage further discussion; and


(3) Making technical, nonsubstantive amendments for the purpose of clarity.


Your Committee notes that it may be beneficial for the Department of Health to collaborate with the Department of Land and Natural Resources to establish rules regarding hydraulic fracturing and its potential impact on the supply of safe drinking water.


As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2359, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2359, H.D. 1, and be referred to the Committee on Finance.


Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,