Hawaii Tax Department Authority Law

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					Selected Environmental Bills Passed
During the 2009 Legislative Session
ACT 7   SB942 SD1
RELATING TO UNDERGROUND
STORAGE TANKS.
Underground Storage Tanks
Ensures compliance with the federal Energy
Policy Act of 2005. Prohibits delivery or receipt
of product to underground storage tanks that
DOH has deemed ineligible. Law is needed
for DOH to received continued federal funding.
 ACT 8       SB936
RELATING TO DEPARTMENT OF HEALTH
CERTIFICATES.

County Licenses; Department of Health
Certificates
Repeals the requirement for a sanitation certificate
to be issued for county business licenses for the
operation of a lodging or tenement house, group
home, group residence, group living arrangement,
hotel, or boarding house. County law no longer
requires certificate.
ACT 42 w/o Governor’s signature
SB1260 SD1 HD1
RELATING TO AIR POLLUTION FEES.

Air Pollution; Fees
Removes the exemption from fees for air pollution
emissions in excess of 4,000 tons annually from
covered sources.
ACT 79       SB 884 CD1
RELATING TO NON-GENERAL FUNDS.


Transfer and reallocation of Non-
General Funds
Transfers excess balance from various
non-general funds to the general fund;
repeals central service and administrative
fee exemptions; transfers interest from non-
general funds to the general fund.
ACT 98           HB 1807 CD1
RELATING TO WATER QUALITY.
Water Quality
Authorizes the Director of Health to use federal
moneys from the American Recovery and
Reinvestment Act of 2009 and other applicable
federal acts to fund drinking water and
wastewater infrastructure loan programs. Allows
both loan funds to make grants of ARRA money.
Establishes exempt positions entitled total
maximum daily load coordinators.
ACT 125          SB 1259 CD1
RELATING TO ENVIRONMENTAL RESPONSE.

Environmental Response; Liability
Amends chapter 128D, Hawaii Revised Statutes
(environmental response law), to be consistent
with federal law, which protects innocent
purchasers of, and property owners who are
contiguous to, contaminated property from liability
for addressing contamination they did not cause.
ACT 126         SB 1008 HD2
RELATING TO WATER QUALITY STANDARDS.

 Water Quality Standards
 Amends state water quality standards for
 marine waters to conform to federal standards.
 Follows 2006 EPA recommended criteria for
 toxic pollutants in many but not all ways.
 ACT 130            SB 1263 CD1
RELATING TO TATTOO ARTISTS.

Tattoo Artists; Regulation; Licensure;
Permits; Temporary License
Updates the regulation of tattoo artists and tattoo
shops in the State.
ACT 150           SB 21 CD1
RELATING TO GOVERNMENT.
American Recovery and Reinvestment
Act of 2009; Expedite Implementation;
Oversight Commission
Creates temporary exemptions in procurement
and rule making statutes for programs, services,
and benefits using funds allocated to the State by
the American Recovery and Reinvestment Act of
2009; creates an oversight commission to ensure
transparency and accountability. Eff. 6/29/09.
Sunset 6/30/2011
ACT 183, w/o Governor’s signature
HB 1809 CD1
RELATING TO RECYCLING.
Recycling; Televisions
Establishes a television recycling program in the state as a new part in chapter
339D, HRS

Revises the provisions applicable to violations regarding electronic devices to
incorporate the new part into chapter 339D. Amends the title of chapter 339D to
"Electronic Waste and Television Recycling and Recovery Act". Makes clarifying
amendments to chapter 339D, HRS. Deletes the annual sales of specialized
computers provision for manufacturers of electronic devices. Prohibits television
manufacturers and electronic device manufacturers from charging owners a fee
to recycle televisions and electronic devices under certain circumstances.
Requires that television manufacturers and electronic device manufacturers and
their agents be responsible for following regulations and for adopting
environmentally sound recycling programs. Requires recycling programs for
electronic devices to be fully implemented and operational no later than January
1, 2010.
 ACT 198, w/o Governor’s signature
 HB 371 CD1
RELATING TO TAXATION.
Sunset; Naphtha Fuel Tax; Power
Generation
Extends by three years the sunset provision
relating to the tax on naphtha fuel sold for use in
a power-generating facility. Increases the tax
from 1 cent per gallon to 2 cents per gallon.
 ACT 13, Special Session 2009
 HB 1538 SD1
RELATING TO ENVIRONMENTALLY-SENSITIVE
PRODUCTS.
Health; Environment; Cleaning
Products; Public Schools
Requires the department of education to give first
preference to Green Seal approved
environmentally-sensitive cleaning and
maintenance products for use in public schools;
requires the department of health to maintain a list
of Green Seal program approved products.
Act 21, Special Session 2009
SB266 CD1

RELATING TO GLOBAL WARMING.


Establishes the climate change task force to
assess the impacts of global warming and
climate change trends in the State. (CD1)
ACT 25, Special Session 2009
SB 605 CD1
RELATING TO NOISE.

Noise; Decibel Weighting
Requires the department of health to add the dBC decibel
weighting system to the current dBA decibel weighting
system for purposes of community noise control. Sets
permissible maximum sound levels for nighttime in any
urban land use district and grants the DOH and the county
liquor commission the authority to enforce these limits.
Directs the county liquor commission, with assistance from
DOH and DLIR, to develop recommendations for a
permanent maximum sound level, in decibels. (CD1)
              RESOLUTIONS

HCR 65
Hawaii Kai Wastewater Treatment Plant Odor
Mitigation Plan

SCR 89
Clean up and investigation of illegal dumping and
illegal structures at Laumaile Street in Kalihi and
the development and implementation of measures
to prevent illegal dumping and illegal structures in
the area.
VETOED
HB 36 CD1
RELATING TO HEALTH.

Sanitation
Changes the Name of the Environmental Health
Education Fund to the Sanitation and
Environmental Health Fund and allows the
Fund to be used for sanitation program
activities.
HB 1611 CD1
RELATING TO LABELING OF MEAT
AND FISH PRODUCTS.

Fish; Meat; Labeling
Requires gas-treated fish and meat to be
labeled as such. Requires the Department of
Agriculture to post labeling requirements on its
website.
HB 1271 CD1
RELATING TO GOVERNMENT.
Food and Energy Security
Food and Energy Security. Among other actions, amend
Section 128 D-2 and rename the Environmental Response
Tax and define new uses for the funds generated.
Increased tax on barrels of oil.

Makes various amendments, establishes various initiatives,
and appropriates funds to promote economic development
for local food and energy businesses, ensure Hawaii is
energy and food self-sufficient and sustainable to the
maximum extent feasible, and help Hawaii's natural
resources and humankind adapt and be resilient to the
inevitable challenges brought on by climate change.

				
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