Hawaii 2022 Regular Session

Hawaii Senate Bill SB3273 Compare Versions

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1-THE SENATE S.B. NO. 3273 THIRTY-FIRST LEGISLATURE, 2022 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO A DEPARTMENT OF ENVIRONMENTAL PROTECTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 3273 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to a department of environmental protection. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3737 relating to a department of environmental protection.
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- SECTION 1. The legislature finds that, unlike most states, Hawaii has no executive-level department dedicated to the mission of environmental protection and implementing the environmental policy goals enacted by the legislature. Instead, these functions are dispersed among multiple departments having differing missions that either do not focus on the importance of environmental protection or have internal conflicts. The legislature further finds that because the ongoing climate crisis is one of the overarching issues of modern times, the protection of the State's environment and natural resources is more critical than ever. Although almost all issues are multi-jurisdictional, the legislature believes that creating an executive-level department to unite this important work under one administrative umbrella will lead to greater efficiency in addressing Hawaii's environmental issues in a timely and proactive fashion. The purpose of this Act is to: (1) Establish a firm deadline by which a department of environmental protection, to be headed by a board of environmental protection, shall be created; and (2) Create a department of environmental protection working group to address the logistics of fulfilling this mandate. SECTION 2. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§26- Department of environmental protection. (a) The department of environmental protection shall be headed by an executive board to be known as the board of environmental protection, to provide oversight to the department of environmental protection. (b) The board shall consist of seven members. The appointment, tenure, and removal of the members and filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint members from a list of nominees as follows: (1) One member to be nominated by the governor; (2) One member to be nominated by the president of the senate; (3) One member to be nominated by the speaker of the house of representatives; and (4) One member to be nominated by each county council." SECTION 3. Section 26-4, Hawaii Revised Statutes, is amended to read as follows: "§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established: (1) Department of human resources development (Section 26‑5) (2) Department of accounting and general services (Section 26-6) (3) Department of the attorney general (Section 26-7) (4) Department of budget and finance (Section 26-8) (5) Department of commerce and consumer affairs (Section 26-9) (6) Department of taxation (Section 26-10) (7) University of Hawaii (Section 26-11) (8) Department of education (Section 26-12) (9) Department of health (Section 26-13) (10) Department of human services (Section 26-14) (11) Department of land and natural resources (Section 26‑15) (12) Department of agriculture (Section 26-16) (13) Department of Hawaiian home lands (Section 26-17) (14) Department of business, economic development, and tourism (Section 26-18) (15) Department of transportation (Section 26-19) (16) Department of labor and industrial relations (Section 26-20) (17) Department of defense (Section 26-21) (18) Department of public safety (Section 26-14.6)[.] (19) Department of environmental protection (Section 26‑ )." SECTION 4. (a) There is established a department of environmental protection working group. (b) The working group shall address the logistics required for the State to establish a department of environmental protection by July 1, 2026, including but not limited to developing: (1) An organizational and functional plan, including recommendations on the implementation, structure, and funding for the department; and (2) A plan for the orderly transition and transfer of existing departmental functions, authority, records, and resources necessary for the establishment of the department. (c) The working group shall consist of the following individuals: (1) The chief energy officer, or the chief energy officer's designee; (2) The chairperson of the board of land and natural resources, or the chairperson's designee; (3) The director of the office of planning and sustainable development, or the director's designee; (4) A representative of the office of the governor; (5) The attorney general, or the attorney general's designee; and (6) The director of health, or the director's designee. (d) The working group shall prepare and submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval; provided that sections 2 and 3 shall take effect on July 1, 2026.
47+ SECTION 1. The legislature finds that, unlike most states, Hawaii has no executive-level department dedicated to the mission of environmental protection and implementing the environmental policy goals enacted by the legislature. Instead, these functions are dispersed among multiple departments having differing missions that either do not focus on the importance of environmental protection or have internal conflicts. The legislature further finds that because the ongoing climate crisis is one of the overarching issues of modern times, the protection of the State's environment and natural resources is more critical than ever. Although almost all issues are multi-jurisdictional, the legislature believes that creating an executive-level department to unite this important work under one administrative umbrella will lead to greater efficiency in addressing Hawaii's environmental issues in a timely and proactive fashion. The purpose of this Act is to: (1) Establish a firm deadline by which a department of environmental protection shall be created; and (2) Create a department of environmental protection working group to address the logistics of fulfilling this mandate. SECTION 2. Section 26-4, Hawaii Revised Statutes, is amended to read as follows: "§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established: (1) Department of human resources development (Section 26‑5) (2) Department of accounting and general services (Section 26-6) (3) Department of the attorney general (Section 26-7) (4) Department of budget and finance (Section 26-8) (5) Department of commerce and consumer affairs (Section 26-9) (6) Department of taxation (Section 26-10) (7) University of Hawaii (Section 26-11) (8) Department of education (Section 26-12) (9) Department of health (Section 26-13) (10) Department of human services (Section 26-14) (11) Department of land and natural resources (Section 26‑15) (12) Department of agriculture (Section 26-16) (13) Department of Hawaiian home lands (Section 26-17) (14) Department of business, economic development, and tourism (Section 26-18) (15) Department of transportation (Section 26-19) (16) Department of labor and industrial relations (Section 26-20) (17) Department of defense (Section 26-21) (18) Department of public safety (Section 26-14.6)[.] (19) Department of environmental protection (Section 26‑ )." SECTION 3. (a) There is established a department of environmental protection working group. (b) The working group shall address the logistics required for the State to establish a department of environmental protection by July 1, 2026, including but not limited to developing: (1) An organizational and functional plan, including recommendations on the implementation, structure, and funding for the department; and (2) A plan for the orderly transition and transfer of existing departmental functions, authority, records, and resources necessary for the establishment of the department. (c) The working group shall consist of the following individuals: (1) The chief energy officer, or the chief energy officer's designee; (2) The chairperson of the board of land and natural resources, or the chairperson's designee; (3) The director of the office of planning and sustainable development, or the director's designee; (4) A representative of the office of the governor; (5) The attorney general, or the attorney general's designee; and (6) The director of health, or the director's designee. (d) The working group shall prepare and submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2026. INTRODUCED BY: _____________________________
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4949 SECTION 1. The legislature finds that, unlike most states, Hawaii has no executive-level department dedicated to the mission of environmental protection and implementing the environmental policy goals enacted by the legislature. Instead, these functions are dispersed among multiple departments having differing missions that either do not focus on the importance of environmental protection or have internal conflicts.
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5151 The legislature further finds that because the ongoing climate crisis is one of the overarching issues of modern times, the protection of the State's environment and natural resources is more critical than ever. Although almost all issues are multi-jurisdictional, the legislature believes that creating an executive-level department to unite this important work under one administrative umbrella will lead to greater efficiency in addressing Hawaii's environmental issues in a timely and proactive fashion.
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5353 The purpose of this Act is to:
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55- (1) Establish a firm deadline by which a department of environmental protection, to be headed by a board of environmental protection, shall be created; and
55+ (1) Establish a firm deadline by which a department of environmental protection shall be created; and
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5757 (2) Create a department of environmental protection working group to address the logistics of fulfilling this mandate.
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59- SECTION 2. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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61- "§26- Department of environmental protection. (a) The department of environmental protection shall be headed by an executive board to be known as the board of environmental protection, to provide oversight to the department of environmental protection.
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63- (b) The board shall consist of seven members. The appointment, tenure, and removal of the members and filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint members from a list of nominees as follows:
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67- (2) One member to be nominated by the president of the senate;
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73- SECTION 3. Section 26-4, Hawaii Revised Statutes, is amended to read as follows:
59+ SECTION 2. Section 26-4, Hawaii Revised Statutes, is amended to read as follows:
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7561 "§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:
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7763 (1) Department of human resources development (Section 26‑5)
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115- SECTION 4. (a) There is established a department of environmental protection working group.
101+ SECTION 3. (a) There is established a department of environmental protection working group.
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117103 (b) The working group shall address the logistics required for the State to establish a department of environmental protection by July 1, 2026, including but not limited to developing:
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119105 (1) An organizational and functional plan, including recommendations on the implementation, structure, and funding for the department; and
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123109 (c) The working group shall consist of the following individuals:
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125111 (1) The chief energy officer, or the chief energy officer's designee;
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127113 (2) The chairperson of the board of land and natural resources, or the chairperson's designee;
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135121 (6) The director of health, or the director's designee.
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137123 (d) The working group shall prepare and submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025.
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139- SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
125+ SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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141- SECTION 6. This Act shall take effect upon its approval; provided that sections 2 and 3 shall take effect on July 1, 2026.
127+ SECTION 5. This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2026.
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143- Report Title: Working Group; Department of Environmental Protection; Board of Environmental Protection; Recommendations Description: Establishes a Department of Environmental Protection, to be headed by a Board of Environmental Protection, by July 1, 2026. Creates a Department of Environmental Protection working group to address the logistics required for the State to establish a Department of Environmental Protection. Requires the working group to submit a report to the Legislature prior to the 2025 Regular Session. (SD1) 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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131+INTRODUCED BY: _____________________________
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133+INTRODUCED BY:
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137+ Report Title: Working Group; Department of Environmental Protection; Recommendations Description: Establishes a department of environmental protection by July 1, 2026. Creates a department of environmental protection working group to address the logistics required for the State to establish a department of environmental protection. Requires the working group to submit a report to the legislature prior to the 2025 regular session. 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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149-Working Group; Department of Environmental Protection; Board of Environmental Protection; Recommendations
143+Working Group; Department of Environmental Protection; Recommendations
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153147 Description:
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155-Establishes a Department of Environmental Protection, to be headed by a Board of Environmental Protection, by July 1, 2026. Creates a Department of Environmental Protection working group to address the logistics required for the State to establish a Department of Environmental Protection. Requires the working group to submit a report to the Legislature prior to the 2025 Regular Session. (SD1)
149+Establishes a department of environmental protection by July 1, 2026. Creates a department of environmental protection working group to address the logistics required for the State to establish a department of environmental protection. Requires the working group to submit a report to the legislature prior to the 2025 regular session.
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163157 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.