Bill Text: HI SB1241 | 2019 | Regular Session | Amended
Bill Title: Relating To Energy Data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-12 - Act 092, 06/07/2019 (Gov. Msg. No. 1193). [SB1241 Detail]
Download: Hawaii-2019-SB1241-Amended.html
THE SENATE |
S.B. NO. |
1241 |
THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENERGY DATA.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that climate change poses
a serious environmental, economic, and public health threat worldwide. Hawaii is particularly vulnerable to increases in sea levels, storm
intensity, flooding, and beach erosion that result in disastrous impacts to the
State.
The legislature finds
that to address Hawaii's contribution to climate change, it passed Act 234, Session Laws of Hawaii 2007, which mandated that the State of Hawaii reduce its statewide greenhouse
gas emissions to levels at or below 1990 levels by January 1, 2020.
The legislature further
finds that section 342B-72, Hawaii Revised Statutes, as enacted by section 8 of
Act 234, Session Laws of Hawaii 2007, mandated that the department of health
adopt rules to ensure that any greenhouse gas emission reductions achieved are
real, permanent, quantifiable, verifiable, and enforceable by the director of
health.
In 2014, pursuant to
section 342B-72, Hawaii Revised Statutes, the department of health adopted
chapter 11-60.1, subchapter 11, Hawaii Administrative Rules, to regulate
greenhouse gas emissions to achieve the 2020 emissions limit.
Section 11-60.1-204(k), Hawaii Administrative Rules, requires that
the department of health conduct an annual evaluation, beginning in 2016, of progress to achieve the statewide greenhouse gas emission limit in a
manner consistent with that done by the department of business, economic development,
and tourism in its preparation of the 1990 greenhouse gas emission estimates
under Act 234, Session Laws of Hawaii 2007.
Pursuant to section
342B-72, Hawaii Revised Statutes, and section 11-60.1-204(k), Hawaii Administrative
Rules, the department of health is now responsible for preparing the
annual greenhouse gas progress reports that provide statewide greenhouse gas emission inventory estimates and updates.
The annual reports are essential in
order for the department of health to assess the progress being made toward
achieving the 2020 greenhouse gas emissions limit, to estimate uncertainties,
and to support the determination of whether or not the 2020 limit has been met
and will be sustained.
Currently, access to the energy data obtained via chapter 486J, Hawaii
Revised Statutes, for
compiling statewide greenhouse gas inventories, is restricted
to a few state departments and authorized individuals. The department of health is currently not one
of the listed state departments allowed access to this essential energy
data. Without access to the data, the
department of health has been having difficulty developing the most accurate
and reliable estimates of the state greenhouse gas emission levels possible.
The purpose of this Act is to add the department of health to
the list of state departments that have access to the energy data contained in
chapter 486J, Hawaii Revised Statutes, in order to increase the accuracy and
reduce the levels of uncertainty in the department of health's annual
greenhouse gas progress reports.
SECTION 2. Section
486J-5.5, Hawaii Revised Statutes, is amended to
read as follows:
"§486J-5.5 Energy
data collection program. The
department shall establish the energy data collection program that
includes development and maintenance of an energy database system that meets
the requirements of government and industry, while promoting
sound policy making, greenhouse gas emission inventory reporting, energy
planning, energy assurance planning, and energy security."
SECTION 3. Section 486J-6, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
"(c) Unless otherwise provided by law, with
respect to data that the commission or department obtained or was provided
pursuant to this chapter, neither the commission or department nor any employee
of the commission or department may do any of the following:
(1) Use the information furnished or obtained for any purpose other than the purposes for which it is supplied;
(2) Make any publication whereby the data furnished by any person can be identified; or
(3) Permit
any person other than the commission, the department of taxation, the attorney
general, the consumer advocate, the department of business, economic
development, and tourism, the department of health, and the authorized
representatives and employees of each to examine the individual reports or
statements provided."
SECTION 4. Section 486J-7,
Hawaii Revised Statutes, is amended to read as
follows:
"§486J-7 Confidential information
obtained by another state agency. Any
confidential information pertinent to the responsibilities of the commission or
the department specified in this chapter that is obtained by another state
agency, including the department of taxation, the attorney general, and the
consumer advocate, shall be available only to the attorney general, the
attorney general's authorized representatives, the department of business,
economic development, and tourism, the department of health, and the
commission and shall be treated in a confidential manner."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Greenhouse Gas Data; Department of Health
Description:
Permits the Department of Business, Economic Development, and Tourism to share energy data with the Department of Health for purposes of regulating greenhouse gas emissions. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.