Hawaii 2022 Regular Session

Hawaii House Bill HB1546 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1546 THIRTY-FIRST LEGISLATURE, 2022 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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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1546
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to air pollution.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds and declares the following: (1) Small off-road engines, which are used primarily in lawn and garden equipment, emit high levels of air pollutants, including oxides of nitrogen, reactive organic gases, and particulate matter, several of which are greenhouse gases. Oxides of nitrogen and reactive organic gases together contribute to the formation of ozone, which has adverse impacts on health and is a criteria pollutant with a national ambient air quality standard set by the United States Environmental Protection Agency. Oxides of nitrogen also contribute to formation of particulate matter, which, along with directly emitted particulate matter, have direct negative health impacts. Reactive organic gases and oxides of nitrogen contribute to climate warming, for which Hawaii has declared a climate emergency. Particulate matter also has an air quality standard set by the Environmental Protection Agency. Small off-road engines also emit noise that is difficult to regulate because of the mobile and dispersed nature of this equipment; (2) Regulations of emissions from small off-road engines have not been as stringent as regulations of other engines, despite the fact that one hour of operation of a commercial leaf blower can emit as much reactive organic gases and oxides of nitrogen as driving 1,100 miles in a new passenger vehicle; (3) The battery technology required for commercial-grade zero-emission equipment is available, and many commercial and residential users have already begun to transition to zero-emission equipment; and (4) The State should implement strategies to achieve one hundred per cent zero emissions from off-road equipment in Hawaii by 2030, where feasible and cost-effective, but will not achieve that goal without further regulation of small off-road engines, including a mandate to transition all sales of new equipment to zero-emission equipment. The purpose of this Act is to require the department of health to adopt rules to protect public health and the environment from the harmful effects of emissions of small off-road engines. SECTION 2. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows: "§342B- Small off-road engines; regulations. (a) Pursuant to its authority under section 342B-3, the department shall, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the department; provided that the regulations shall apply to small off-road engines produced on or after January 1, 2024, or as soon as the department determines is feasible, whichever is later. (b) In determining technological feasibility pursuant to subsection (a), the department shall consider all of the following: (1) Emissions from small off-road engines in the State; (2) Expected timelines for zero-emission small off-road equipment development; (3) Increased demand for electricity from added charging requirements for more zero-emission small off-road equipment; and (4) Use cases of commercial and residential lawn and garden users." SECTION 3. The department of health shall submit a report to the legislature by December 31, 2023, with recommendations for funding commercial rebates or similar incentive funding to support the transition to zero-emission small off-road equipment operations. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds and declares the following:
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51	51	(1) Small off-road engines, which are used primarily in lawn and garden equipment, emit high levels of air pollutants, including oxides of nitrogen, reactive organic gases, and particulate matter, several of which are greenhouse gases. Oxides of nitrogen and reactive organic gases together contribute to the formation of ozone, which has adverse impacts on health and is a criteria pollutant with a national ambient air quality standard set by the United States Environmental Protection Agency. Oxides of nitrogen also contribute to formation of particulate matter, which, along with directly emitted particulate matter, have direct negative health impacts. Reactive organic gases and oxides of nitrogen contribute to climate warming, for which Hawaii has declared a climate emergency. Particulate matter also has an air quality standard set by the Environmental Protection Agency. Small off-road engines also emit noise that is difficult to regulate because of the mobile and dispersed nature of this equipment;
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53	53	(2) Regulations of emissions from small off-road engines have not been as stringent as regulations of other engines, despite the fact that one hour of operation of a commercial leaf blower can emit as much reactive organic gases and oxides of nitrogen as driving 1,100 miles in a new passenger vehicle;
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55	55	(3) The battery technology required for commercial-grade zero-emission equipment is available, and many commercial and residential users have already begun to transition to zero-emission equipment; and
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57	57	(4) The State should implement strategies to achieve one hundred per cent zero emissions from off-road equipment in Hawaii by 2030, where feasible and cost-effective, but will not achieve that goal without further regulation of small off-road engines, including a mandate to transition all sales of new equipment to zero-emission equipment.
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59	59	The purpose of this Act is to require the department of health to adopt rules to protect public health and the environment from the harmful effects of emissions of small off-road engines.
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61	61	SECTION 2. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
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63	63	"§342B- Small off-road engines; regulations. (a) Pursuant to its authority under section 342B-3, the department shall, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the department; provided that the regulations shall apply to small off-road engines produced on or after January 1, 2024, or as soon as the department determines is feasible, whichever is later.
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65	65	(b) In determining technological feasibility pursuant to subsection (a), the department shall consider all of the following:
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67	67	(1) Emissions from small off-road engines in the State;
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69	69	(2) Expected timelines for zero-emission small off-road equipment development;
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71	71	(3) Increased demand for electricity from added charging requirements for more zero-emission small off-road equipment; and
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73	73	(4) Use cases of commercial and residential lawn and garden users."
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75	75	SECTION 3. The department of health shall submit a report to the legislature by December 31, 2023, with recommendations for funding commercial rebates or similar incentive funding to support the transition to zero-emission small off-road equipment operations.
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77	77	SECTION 4. New statutory material is underscored.
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79	79	SECTION 5. This Act shall take effect upon its approval.
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83	83	INTRODUCED BY: _____________________________
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85	85	INTRODUCED BY:
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87	87	_____________________________
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93	93	Report Title: Air Pollution; Small Off-road Engines Description: Requires DOH to, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines. Requires DOH to report to the legislature by December 31, 2023, with recommendations for funding for commercial rebates or similar incentive funding to support the transition to zero-emission small off-road equipment operations. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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99	99	Report Title:
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101	101	Air Pollution; Small Off-road Engines
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105	105	Description:
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107	107	Requires DOH to, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines. Requires DOH to report to the legislature by December 31, 2023, with recommendations for funding for commercial rebates or similar incentive funding to support the transition to zero-emission small off-road equipment operations.
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115	115	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.