THE SENATE |
S.B. NO. |
2964 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to environmental protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that plastic marine debris is fouling Hawaii's beaches and the ocean. Plastic marine debris is essentially indestructible. It does not go away over time, but breaks down into smaller and smaller fragments, especially on beaches where it is exposed to sunlight and wave action. These smaller fragments, referred to as microplastics (less than five millimeters, or about the size of a sesame seed and smaller), are much more difficult to remove and persist forever. Therefore, in order to reduce plastic marine debris from Hawaii's beaches and ocean, it is important where feasible to remove that debris before it breaks down. Both larger and smaller pieces of plastic marine debris have significant negative impacts on the environment and contribute to the potential death of marine animals and bird populations through ingestion. This poisonous food chain impacts all species, including birds, whales, turtles, seals, corals, small organisms, the fish that form the foundation of the local fishing industry, and ultimately the humans that eat fish. It is estimated that by 2050, there will be more plastic than fish by weight in the world's oceans. Plastic pollution defaces Hawaii's iconic beaches, the very foundation of the State's tourism industry.
While removal of plastic marine debris from beaches is critical to Hawaii's economy and environment, the legislature finds that removal has been hampered by disagreement over which agencies have responsibility and jurisdiction.
Hawaii's counties are charged with "removing and clearing all seaweed, limu, and debris which are likely to create an unsanitary or to otherwise become a public nuisance from the shores and beaches situated within the respective counties", per section 46-12, Hawaii Revised Statutes. The counties to date, however, have not implemented that as a mandate applicable to plastic marine debris on their shores and beaches.
The legislature finds that the department of land and natural resources is charged with managing, administering, and exercising control over public lands, water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), aquatic life, and coastal programs, according to section 171-3, Hawaii Revised Statutes. The department of land and natural resources has jurisdiction over state marine waters, which extend seaward from the upper reaches of the wash of the waves, including generally beaches, per section 187A-1.5, Hawaii Revised Statutes. Given this jurisdiction, the legislature finds that the department of land and natural resources should be responsible for removing plastic marine debris from beaches frequently and should be provided additional appropriations to carry out this important task.
Since the counties are authorized within their limits to make and enforce all necessary ordinances covering all matters of the collection and disposition of rubbish and garbage, pursuant to section 46-1.5, Hawaii Revised Statutes, the legislature finds the counties should be responsible for disposing promptly at permitted solid waste management systems the plastic marine debris collected by the department of land and natural resources and volunteers.
The purpose of this Act is to help protect the beaches and ocean in Hawaii from plastic marine debris by:
(1) Requiring the department of land and natural resources to remove plastic marine debris from beaches frequently;
(2) Making an appropriation to the department of land and natural resources to carry out this purpose; and
(3) Requiring the counties to dispose at permitted solid waste management systems promptly the marine plastic debris collected by the department of land and natural resources and volunteers.
SECTION 2. Section 187A-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Marine plastic
debris" means any discarded or abandoned plastic found on any beach, any
beach access right-of-way, and in any state marine waters.
"Microplastic" means any marine plastic debris with a diameter of five millimeters or less."
SECTION 3. Section 187A-2, Hawaii Revised Statutes, is amended to read as follows:
"§187A-2 Powers and duties of department.
(a) The department shall:
(1) Manage
and administer the aquatic life and aquatic resources of the State;
(2) Establish
and maintain aquatic life propagating station or stations;
(3) Establish,
manage, and regulate public fishing areas, artificial reefs, fish aggregating
devices, marine life conservation districts, shoreline fishery management
areas, refuges, and other areas pursuant to title 12;
(4) Subject
to this title, import aquatic life for the purpose of propagating and
disseminating the same in the State and the waters subject to its jurisdiction;
(5) Distribute,
free of charge, as the department deems to be in the public interest, aquatic
life, for the purpose of increasing the food supply of the State; provided that
when, in the discretion of the department, the public interest shall not be
materially interfered with by so doing, the department may propagate and
furnish aquatic life to private parties, upon such reasonable terms,
conditions, and prices determined by the department;
(6) Gather
and compile information and statistics concerning the habitat and character of,
and increase and decrease in, aquatic resources in the State, including the
care and propagation of aquatic resources for protective, productive, and
aesthetic purposes, and other useful information, which the department deems
proper;
(7) Enforce
all laws relating to the protecting, taking, killing, propagating, or
increasing of aquatic life within the State and the waters subject to its
jurisdiction; [and]
(8) Formulate
and from time to time recommend to the governor and legislature such additional
legislation necessary or desirable to implement the objectives of title 12[.];
and
(9) Employ best practices to remove plastic marine debris from beaches frequently.
(b)
In determining best practices for removing plastic marine debris, the
department shall consult and coordinate with experts from the National Oceanic
and Atmospheric Administration marine debris program, other coastal states, and
non-profit organizations regarding the most efficient and effective practices,
equipment, and technologies. When
formulating best practices, the department shall attempt to remove the most
plastic marine debris, especially microplastics, from beaches. The department shall coordinate with the
counties for disposal of marine plastic debris.
The department shall submit a report of its findings,
including the amount of plastic marine debris, and specifically the amount of
microplastics, removed in the prior year, to the legislature no later than
twenty days prior to the convening of the regular session each year."
SECTION 4. Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-1.5 General powers and limitation of the
counties. Subject to general law, each county
shall have the following powers and shall be subject to the following
liabilities and limitations:
(1) Each
county shall have the power to frame and adopt a charter for its own
self-government that shall establish the county executive, administrative, and
legislative structure and organization, including but not limited to the method
of appointment or election of officials, their duties, responsibilities, and
compensation, and the terms of their office;
(2) Each
county shall have the power to provide for and regulate the marking and
lighting of all buildings and other structures that may be obstructions or
hazards to aerial navigation, so far as may be necessary or proper for the
protection and safeguarding of life, health, and property;
(3) Each
county shall have the power to enforce all claims on behalf of the county and
approve all lawful claims against the county, but shall be prohibited from
entering into, granting, or making in any manner any contract, authorization,
allowance payment, or liability contrary to the provisions of any county
charter or general law;
(4) Each
county shall have the power to make contracts and to do all things necessary
and proper to carry into execution all powers vested in the county or any
county officer;
(5) Each
county shall have the power to:
(A) Maintain
channels, whether natural or artificial, including their exits to the ocean, in
suitable condition to carry off storm waters;
(B) Remove
from the channels, and from the shores and beaches, any debris that is likely
to create an unsanitary condition or become a public nuisance; provided that,
to the extent any of the foregoing work is a private responsibility, the
responsibility may be enforced by the county in lieu of the work being done at
public expense;
(C) Construct,
acquire by gift, purchase, or by the exercise of eminent domain, reconstruct,
improve, better, extend, and maintain projects or undertakings for the control
of and protection against floods and flood waters, including the power to drain
and rehabilitate lands already flooded;
(D) Enact
zoning ordinances providing that lands deemed subject to seasonable, periodic,
or occasional flooding shall not be used for residence or other purposes in a
manner as to endanger the health or safety of the occupants thereof, as
required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law
1016); and
(E) Establish
and charge user fees to create and maintain any stormwater management system or
infrastructure;
(6) Each
county shall have the power to exercise the power of condemnation by eminent
domain when it is in the public interest to do so;
(7) Each
county shall have the power to exercise regulatory powers over business
activity as are assigned to them by chapter 445 or other general law;
(8) Each
county shall have the power to fix the fees and charges for all official
services not otherwise provided for;
(9) Each
county shall have the power to provide by ordinance assessments for the
improvement or maintenance of districts within the county;
(10) Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;
(11) Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;
(12) Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots. In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;
(13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;
(14) Each county shall have the power to:
(A) Make
and enforce within the limits of the county all necessary ordinances covering
all:
(i) Local police matters;
(ii) Matters of sanitation;
(iii) Matters of inspection of buildings;
(iv) Matters of condemnation of unsafe structures, plumbing, sewers,
dairies, milk, fish, and morgues; and
(v) Matters of the collection and disposition of rubbish and garbage; provided
that each county shall dispose of any marine plastic debris and microplastic
collected by the department of land and natural resources or by volunteers;
(B) Provide
exemptions for homeless facilities and any other program for the homeless
authorized by part XVII of chapter 346, for all matters under this paragraph;
(C) Appoint
county physicians and sanitary and other inspectors as necessary to carry into
effect ordinances made under this paragraph, who shall have the same power as
given by law to agents of the department of health, subject only to limitations
placed on them by the terms and conditions of their appointments; and
(D) Fix
a penalty for the violation of any ordinance, which penalty may be a
misdemeanor, petty misdemeanor, or violation as defined by general law;
(15) Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;
(16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:
(A) Any
property held for school purposes may not be disposed of without the consent of
the superintendent of education;
(B) No
property bordering the ocean shall be sold or otherwise disposed of; and
(C) All
proceeds from the sale of park lands shall be expended only for the acquisition
of property for park or recreational purposes;
(17) Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;
(18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:
(A) Community
promotion and public celebrations;
(B) The
entertainment of distinguished persons as may from time to time visit the
county;
(C) The
entertainment of other distinguished persons, as well as, public officials when
deemed to be in the best interest of the community; and
(D) The
rendering of civic tribute to individuals who, by virtue of their
accomplishments and community service, merit civic commendations, recognition,
or remembrance;
(19) Each county shall have the power to:
(A) Construct,
purchase, take on lease, lease, sublease, or in any other manner acquire,
manage, maintain, or dispose of buildings for county purposes, sewers, sewer
systems, pumping stations, waterworks, including reservoirs, wells, pipelines,
and other conduits for distributing water to the public, lighting plants, and
apparatus and appliances for lighting streets and public buildings, and manage,
regulate, and control the same;
(B) Regulate
and control the location and quality of all appliances necessary to the
furnishing of water, heat, light, power, telephone, and telecommunications
service to the county;
(C) Acquire,
regulate, and control any and all appliances for the sprinkling and cleaning of
the streets and the public ways, and for flushing the sewers; and
(D) Open,
close, construct, or maintain county highways or charge toll on county
highways; provided that all revenues received from a toll charge shall be used
for the construction or maintenance of county highways;
(20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;
(21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;
(22) Each county shall have the power to sue and be sued in its corporate name;
(23) Each county shall have the power to establish and maintain waterworks and sewer works; to collect rates for water supplied to consumers and for the use of sewers; to install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises; to take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same;
(24) (A) Each
county may impose civil fines, in addition to criminal penalties, for any
violation of county ordinances or rules after reasonable notice and requests to
correct or cease the violation have been made upon the violator. Any administratively imposed civil fine shall
not be collected until after an opportunity for a hearing under chapter
91. Any appeal shall be filed within
thirty days from the date of the final written decision. These proceedings shall not be a prerequisite
for any civil fine or injunctive relief ordered by the circuit court;
(B) Each
county by ordinance may provide for the addition of any unpaid civil fines,
ordered by any court of competent jurisdiction, to any taxes, fees, or charges,
with the exception of fees or charges for water for residential use and sewer
charges, collected by the county. Each
county by ordinance may also provide for the addition of any unpaid
administratively imposed civil fines, which remain due after all judicial
review rights under section 91-14 are exhausted, to any taxes, fees, or
charges, with the exception of water for residential use and sewer charges,
collected by the county. The ordinance
shall specify the administrative procedures for the addition of the unpaid
civil fines to the eligible taxes, fees, or charges and may require hearings or
other proceedings. After addition of the
unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall
not become a part of any taxes, fees, or charges. The county by ordinance may condition the
issuance or renewal of a license, approval, or permit for which a fee or charge
is assessed, except for water for residential use and sewer charges, on payment
of the unpaid civil fines. Upon
recordation of a notice of unpaid civil fines in the bureau of conveyances, the
amount of the civil fines, including any increase in the amount of the fine
which the county may assess, shall constitute a lien upon all real property or
rights to real property belonging to any person liable for the unpaid civil
fines. The lien in favor of the county
shall be subordinate to any lien in favor of any person recorded or registered
prior to the recordation of the notice of unpaid civil fines and senior to any
lien recorded or registered after the recordation of the notice. The lien shall continue until the unpaid
civil fines are paid in full or until a certificate of release or partial release
of the lien, prepared by the county at the owner's expense, is recorded. The notice of unpaid civil fines shall state
the amount of the fine as of the date of the notice and maximum permissible
daily increase of the fine. The county
shall not be required to include a social security number, state general excise
taxpayer identification number, or federal employer identification number on
the notice. Recordation of the notice in
the bureau of conveyances shall be deemed, at such time, for all purposes and
without any further action, to procure a lien on land registered in land court
under chapter 501. After the unpaid
civil fines are added to the taxes, fees, or charges as specified by county
ordinance, the unpaid civil fines shall be deemed immediately due, owing, and
delinquent and may be collected in any lawful manner. The procedure for collection of unpaid civil
fines authorized in this paragraph shall be in addition to any other procedures
for collection available to the State and county by law or rules of the courts;
(C) Each
county may impose civil fines upon any person who places graffiti on any real
or personal property owned, managed, or maintained by the county. The fine may be up to $1,000 or may be equal
to the actual cost of having the damaged property repaired or replaced. The parent or guardian having custody of a
minor who places graffiti on any real or personal property owned, managed, or
maintained by the county shall be jointly and severally liable with the minor
for any civil fines imposed hereunder.
Any such fine may be administratively imposed after an opportunity for a
hearing under chapter 91, but such a proceeding shall not be a prerequisite for
any civil fine ordered by any court. As
used in this subparagraph, "graffiti" means any unauthorized drawing,
inscription, figure, or mark of any type intentionally created by paint, ink,
chalk, dye, or similar substances;
(D) At
the completion of an appeal in which the county's enforcement action is
affirmed and upon correction of the violation if requested by the violator, the
case shall be reviewed by the county agency that imposed the civil fines to
determine the appropriateness of the amount of the civil fines that accrued
while the appeal proceedings were pending.
In its review of the amount of the accrued fines, the county agency may
consider:
(i) The nature and egregiousness of the violation;
(ii) The duration of the violation;
(iii) The number of recurring and other similar violations;
(iv) Any effort taken by the violator to correct the violation;
(v) The degree of involvement in causing or continuing the violation;
(vi) Reasons for any delay in the completion of the appeal; and
(vii) Other extenuating circumstances.
The civil fine that is imposed by
administrative order after this review is completed and the violation is
corrected shall be subject to judicial review, notwithstanding any provisions
for administrative review in county charters;
(E) After
completion of a review of the amount of accrued civil fine by the county agency
that imposed the fine, the amount of the civil fine determined appropriate,
including both the initial civil fine and any accrued daily civil fine, shall
immediately become due and collectible following reasonable notice to the
violator. If no review of the accrued
civil fine is requested, the amount of the civil fine, not to exceed the total
accrual of civil fine prior to correcting the violation, shall immediately
become due and collectible following reasonable notice to the violator, at the
completion of all appeal proceedings;
(F) If
no county agency exists to conduct appeal proceedings for a particular civil
fine action taken by the county, then one shall be established by ordinance
before the county shall impose the civil fine;
(25) Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;
(26) Any county may establish a captive insurance company pursuant to article 19, chapter 431; and
(27) Each county shall have the power to enact and enforce ordinances regulating towing operations."
SECTION 5. Section 46-12, Hawaii Revised Statutes, is amended to read as follows:
"§46-12 Cleaning shores and
beaches of seaweed, limu, and debris.
The various counties shall be responsible for removing and clearing all
seaweed, limu, and debris which are likely to create an unsanitary condition or
to otherwise become a public nuisance from the shores and beaches situated
within the respective counties; provided that to the extent any of the
foregoing work is a private responsibility, the responsibility may be enforced
by the county in lieu of the work being done at public expense[.];
provided further that collection of marine plastic debris and microplastic
shall be the responsibility of the department of land and natural resources,
and the county shall dispose of any marine plastic debris or microplastic so
collected at permitted solid waste management systems. For purposes of this section, "marine
plastic debris" and "microplastic" shall have the same meanings
as in section 187A‑1."
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the acquisition of equipment, hiring of necessary staff, and other operating expenses necessary to employ best practices to remove plastic marine debris from beaches frequently.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2018.
INTRODUCED BY: |
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Report Title:
Marine Plastic Debris; Microplastic; Department of Land and Natural Resources; Counties; Appropriation
Description:
Requires department of land and natural resources to collect marine plastic debris. Requires counties to dispose of marine plastic debris collected by the department of land and natural resources or by volunteers. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.