HOUSE OF REPRESENTATIVES

H.B. NO.

2626

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO UNDERGROUND STORAGE TANKS.

 

 

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

 


SECTION 1. The legislature finds that climate change is real and that sea level rise poses a threat to our quality of life. Preparation for sea level rise now will protect our natural resources and save money in the long term. Inundation of underground storage tanks poses risks to our aquifers, coastal water quality, and marine ecosystems.

The purpose of this Act is to:

(1) Prohibit the issuance of permits for new underground storage tanks within one hundred yards of the shoreline;

(2) Allow for permits for existing underground storage tanks for purposes of repair or replacement of the existing underground storage tank; and

(3) Beginning January 1, 2045, prohibit operation of and renewal of a permit for an underground storage tank within one hundred yards of the shoreline.

SECTION 2. Section 342L-1, Hawaii Revised Statutes, is amended by adding the definition of "shoreline" to be appropriately inserted and to read as follows:

""Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves."

SECTION 3. Chapter 342L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"342L-   Permits near shoreline prohibited; exception. (a) The department shall not issue a permit for a new underground storage tank within one hundred yards of the shoreline, unless the new permit is for purposes of repairing or replacing an existing underground storage tank.

(b) The holder of a permit for an existing underground storage tank within one hundred yards of the shoreline may renew the permit.

(c) Beginning January 1, 2045, no person shall operate an underground storage tank within one hundred yards of the shoreline, and no permit for an underground storage tank within one hundred yards of the shoreline shall be renewed."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2050.

 



Report Title:

Underground Storage Tanks; Shoreline

 

Description:

Prohibits the DOH from issuing a permit for a new underground storage tank within 100 yards of the shoreline. Allows DOH to issue a new permit to repair or replace existing underground storage tanks. Allows permit holders for existing underground storage tanks located within 100 yards of the shoreline to renew their permits. Prohibits operation of and renewal of a permit for an underground storage tank within one hundred yards of the shoreline, beginning 1/1/2045. Takes effect on 7/1/2050. (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.