Bill Text: HI HB1905 | 2022 | Regular Session | Introduced
Bill Title: Relating To The Clean Air Bill Of Rights.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-01-28 - Referred to EEP/HHH, JHA, FIN, referral sheet 3 [HB1905 Detail]
Download: Hawaii-2022-HB1905-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1905 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the clean air bill of rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that air pollution from secondhand smoke, fugitive dust, and chemical overspray is harmful to the overall health and quality of life for residents of Hawaii.
The legislature further recognizes that air pollution remains one of the key environmental issues affecting Hawaii and the nation. According to an April 22, 2021 article by CNBC, "Although it has seen incredible improvement since the 1970s thanks to the Environmental Protection Agency and the Clean Air Act, the number of Americans exposed to poor air quality has consistently stayed over 125 million since 2013." Americans living with polluted air place their health and lives at risk, with poor air quality costing the U.S. roughly $617 billion annually. Additionally, the Environmental Protection Agency estimates the U.S. spends about $65 billion every year on clean air.
The legislature further finds that article XI, section 9, of the Hawaii State Constitution states, "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings. . ."
The purpose of this Act is to clarify that involuntary exposure to secondhand smoke, fugitive dust, and chemical overspray is a violation of the constitutional right to a clean and healthy environment.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
clean air bill of rights
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Cannabis" has the same meaning as in section 329-121.
"Electronic smoking device" has the same meaning as in section 28-162.
"Fugitive dust" has the same meaning as in section 342B-1.
"Pesticide" has the same meaning as in section 149A-2.
"Pesticide drift" means the movement of pesticide dust or droplets through air at the time it is applied or soon after that spreads the pesticide beyond the intended area of application.
"Secondhand smoke" means smoke inhaled involuntarily from tobacco, electronic smoking devices, or cannabis being smoked by others.
§ -2 Purpose. The purpose of this chapter is to protect and promote a clean and healthy environment for every person in the State by recognizing their right to breathe clean air.
§ -3 Clean air bill of rights; findings. The legislature finds that every person has a right to be protected from secondhand smoke, pesticide drift, aerosolized chemicals, and fugitive dust and to breathe clean air that will have no negative impact on their health or well-being.
It is well documented that inhaling secondhand smoke, in the traditional sense of smoke generated by tobacco use, causes many detrimental health effects. The Centers for Disease Control and Prevention states that secondhand smoke exposure contributes to approximately forty-one thousand deaths among nonsmoking adults and four hundred deaths in infants each year, and that children who are exposed to secondhand smoke are at increased risk for sudden infant death syndrome, acute respiratory infections, middle ear disease, more severe asthma, respiratory symptoms, and slowed lung growth. The Centers for Disease Control and Prevention also advises that aerosol from e-cigarettes can contain cancer-causing chemicals and heavy metals like nickel, tin, and lead, among other things.
The legislature also finds that when pesticides drift, they could be inhaled or land on skin or in the eyes of a person who is not the applicator or in the area of their intended use. Whether inhalation or exposure due to pesticide drift has the potential to cause harm depends on the type of pesticide and how much of it the person is exposed to.
The legislature recognizes the rights set forth in article XI, section 9, of the Hawaii State Constitution, which provides, "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law."
§ -4 Bill of rights. (a) The clean air bill of rights includes the following guarantees to every person:
(1) The right to breathe clean air that will have no negative impact on a person's health or well-being;
(2) The right to be free from exposure to secondhand smoke or pesticide drift; and
(3) The right to be free from exposure to aerosolized chemicals or fugitive dust that creates a nuisance or disturbs the peaceful enjoyment of a person's property.
(b) The rights afforded to persons to ensure that their person, property, and environment are safeguarded and protected as set forth in this chapter are available only insofar as they are implemented in accordance with other state or county laws, state rules and regulations, federal law, and the constitutions of the State and the United States. Nothing in this chapter shall be interpreted to create new legal rights for persons.
§ -5 Citizen suits. (a) Except as provided in subsection (b), any person, acting as a private attorney general, may commence a civil suit on the person's behalf against any person or entity that is alleged to be in violation of the terms of this chapter.
(b) The circuit environmental courts shall have jurisdiction to enforce this section or to order the person or entity to perform any act or duty required under this section; provided that no action may be commenced less than thirty days after written notice of the alleged violation has been given to the person or entity alleged to be in violation of this section, except that the action may be brought immediately after the notification in the case of an emergency posing a significant risk to the well-being of any person.
(c) Any suit brought pursuant to this section may be brought in the judicial circuit where the alleged violation occurred or is occurring. In any suit brought pursuant to this section where the State is not a party, the attorney general, at the request of the department, may intervene on behalf of the State as a matter of right.
(d) The injunctive relief provided by this section shall not restrict any right that any person or class of persons may have under any other law, including common law, to seek enforcement of any standard or limitation or to seek any other relief, including relief against any instrumentality or agency of the State."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Clean Air Bill of Rights; Secondhand Smoke; Pesticide Drift; Aerosolized Chemicals; Fugitive Dust; Citizen Suits
Description:
Affirms the right of every person in the State to breathe clean air that will have no negative impact on their health or well-being, the right to be free from exposure to secondhand smoke or pesticide drift, and the right to be free from exposure to aerosolized chemicals or fugitive dust that creates a nuisance or disturbs the peaceful enjoyment of a person's property. Recognizes the right to bring citizen suits.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
