The bill aims to protect Hawaii's ecosystems and public health by asserting stricter control over dust emissions from vacant lands. Notably, it clarifies that property owners must not allow visible fugitive dust to become airborne and requires them to implement reasonable precautions to prevent such occurrences. This new layer of regulation would compel landowners to actively participate in maintaining air quality, potentially leading to broader environmental benefits, such as reduced soil loss and healthier coastal ecosystems.
Summary
Senate Bill 1252 addresses the issue of fugitive dust emissions, specifically from large areas of vacant undeveloped land in Hawaii. The bill recognizes that these lands, often former agricultural sites, can create significant dust storms, which not only lead to the loss of topsoil but also adversely affect the marine environment and public health in nearby communities. The current regulatory framework lacks provisions for requiring landowners to submit plans for dust mitigation, imposing only penalties for violations without regard to the scale of emissions.
Contention
Key provisions of SB 1252 include mandates for landowners to submit a Fugitive Dust Mitigation Plan to the Department of Health by December 31, 2023, and every three years thereafter. This approach aims to ensure ongoing compliance and accountability. The legislation also requires the Department of Health to establish rules for enforcement and to report annually on its activities. While proponents of the bill argue that it is essential for safeguarding public health and the environment, concerns may arise regarding the financial and administrative burdens placed on landowners, especially those controlling large tracts of undeveloped property.
Land use: farmland and open space; continued PA 116 enrollment; allow for farmland during deferment period of use for commercial solar facilities. Amends secs. 36101 & 36104a of 1994 PA 451 (MCL 324.36101 & 324.36104a) & adds secs. 36104c & 36104e.