Hawaii 2023 Regular Session

Hawaii Senate Bill SB1252

Introduced
1/25/23  

Caption

Relating To Fugitive Dust Control.

Impact

If enacted, SB1252 will establish a framework for managing fugitive dust emissions by requiring owners of vacant undeveloped land to take responsible precautions to control dust discharge. This includes a mandate for these owners to submit periodic fugitive dust mitigation plans to the Department of Health, thereby providing the agency with a mechanism to enforce dust control measures. The bill aims to enhance environmental protection and public health by placing accountability on landowners, which is expected to lead to more proactive dust management practices.

Summary

Senate Bill 1252 aims to address the issue of fugitive dust emissions from vacant undeveloped lands in Hawaii. The bill recognizes the challenges posed by large dust storms arising from former agricultural lands that can damage the marine environment, harm public health, and contribute to the loss of precious topsoil. Currently, landowners are not required to have fugitive dust mitigation plans approved, and existing penalties do not adequately consider the scale of emissions, which creates an incentive for non-compliance.

Contention

The implementation of SB1252 may generate discussion among stakeholders, especially regarding the definition of 'reasonable precaution' and 'best practical operation or treatment' that landowners can employ. Potential concerns may arise over the burden placed on landowners, especially smaller property owners who may find compliance challenging. Moreover, the bill's provisions for penalties based on the scale of visible fugitive dust emissions may raise concerns regarding the fairness and feasibility of enforcement.

Companion Bills

HI HB703

Same As Relating To Fugitive Dust Control.

Similar Bills

MI SB0272

Housing: condominium; definition of undeveloped land; modify. Amends sec. 67 of 1978 PA 59 (MCL 559.167).

NC H100

Expand Religious Property Tax Exemption

WV SB182

Relating to annexation by minor boundary adjustment

WV HB5602

Provide a statutory mechanism allowing property owners of undeveloped or unimproved land located within municipal boundaries to petition for annexation of their property into the county.

TX HB2607

Relating to the terms of the members of the board of hospital managers and leasing authority of the Walker County Hospital District.

CA AB98

State property: City of Moreno Valley.

TX SB1579

Relating to the appointment of a receiver for and sale of certain parcels of land that are abandoned, unoccupied, tax delinquent, and undeveloped in certain municipalities.

CA AB758

Wildfire: vegetation management.