STAND. COM. REP. NO.  402

 

Honolulu, Hawaii

                , 2015

 

RE:   H.B. No. 872

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 872 entitled:

 

"A BILL FOR AN ACT RELATING TO NATURAL RESOURCES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect Hawaii's beaches by amending the State's water pollution law to permit the use of naturally occurring and locally sourced beach sand for beach restoration and erosion mitigation purposes.

 

     The Hawaii Shore and Beach Preservation Association submitted testimony supporting this measure.  The Department of Health opposed this measure.  The Department of Land and Natural Resources submitted comments.

 

     Your Committee finds that Hawaii's beaches are being lost at an alarming rate due to natural erosion and human impacts.  However, beach loss mitigation activities have been hampered by state water quality laws under Chapter 342D, Hawaii Revised Statutes, that treat clean, locally sourced beach sand as a water pollutant.  This measure excludes natural and local beach sand used in beach restoration and erosion mitigation efforts from the definition of "water pollutant".

 

     Your Committee respectfully requests the Committees on Ocean, Marine Resources, & Hawaiian Affairs and Water & Land to consider the concerns raised by the Department of Health and consult with the Attorney General to assess the legal viability of this measure's implementation, given the potential conflict with the requirements of the Federal Clean Water Act.

 

     Your Committee has amended this measure by changing the effective date to January 1, 2050, to encourage further discussion on the measure.

 

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 872, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 872, H.D. 1, and be referred to the Committees on Ocean, Marine Resources, & Hawaiian Affairs and Water & Land.

 

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

 

 

 

 

____________________________

CHRIS LEE, Chair