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SB2229
THE SENATE
S.B. NO.
2229
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to air pollution
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the department of health's clean air branch is
responsible for air pollution control in the State.
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Filing a complaint with the clean air branch
involves requiring the complainant to gather information, including locations
of the incident, type of pollution, and time the incident occurred; contacting
the clean air branch to provide the information and submit a complaint;
scheduling a time with an investigator to observe the alleged pollution; and
having the inspector determine whether a violation has occurred during the
inspection or within a couple of days of the inspection.
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Under existing procedures, a violation is
determined only if the inspector observes the pollution, which allows violators
to pollute without consequence so long as an inspector is not present to
observe the pollution.
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Accordingly, the purpose of this Act is to
allow
air pollutants collected by a complainant or department of health's clean air
branch master to be used as evidence to initiate complaints on air pollution;
in
hearings in connection with air pollution; and in legal proceedings in the name
of the State for the prevention, control, or abatement of air pollution.
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SECTION
2
.
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Section 342B-15, Hawaii Revised Statutes, is
amended to read as follows:
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"[
[
]�342B-15[
]
]
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Complaints; hearings; appointment of masters.
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(a)
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The director may:
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(1)
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Receive
or initiate complaints on air pollution, hold hearings in connection with air
pollution, and institute legal proceedings in the name of the State for the
prevention, control, or abatement of air pollution; and
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(2)
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Appoint
a master or masters to conduct investigations and hearings.
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(b)
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Air pollutants gathered by a master appointed pursuant to subsection
(a)(2) or a complainant may be used as evidence:
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(1)
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To
initiate a complaint on air pollution;
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(2)
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In
hearings in connection with air pollution; and
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(3)
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In
legal proceedings in the name of the State for the prevention, control, or
abatement of air pollution.
"
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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOH; CAB;
Air Pollution; Evidence
Description:
Allows
air pollutants collected by a complainant or Department of Health's Clean Air
Branch master to be used as evidence to initiate complaints on air pollution;
in
hearings in connection with air pollution; and in legal proceedings in the name
of the State for the prevention, control, or abatement of air pollution.
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not legislation or evidence of legislative intent.