Harrison, John T.

Rappa, Peter

Tomlinson, Andrew

ScholarSpace at University of Hawai'i at Manoa

University of Hawai'i at ManoaEnvironmental CenterA Unit of Water Resources Research CenterCrawford 317 • 2550 Campus Road· Honolulu. Hawai'i 96822Telephone: (808) 956-7361 • Facsimile: (808) 956-3980RL:01284HB 386 HD1RELATING TO THE ENVIRONMENTSenate Committee onEcology and Environmental ProtectionPublic Hearing - March 17, 19951:00 P.M., Room 305 SOTByJohn T. Harrison, Environmental CenterPeter Rappa. Sea GrantAndrew Tomlinson, Environmental CenterHB 386 HD1 would establish a new chapter in the Hawaii Revised Statutes requiring thedepartment of health to publish written policy and guidance statements relating to implementationof environmental statutes.Our statement on this bill does not constitute an institutional position of the University ofHawaii.An informed citizenry is prerequisite to rational public self-government. Uninformed ormisinformed public opinion at best ignores injustice, and at worst endorses tyrrany.At the federal level, agency guidelines often are promulgated internally for the purpose ofclarifying policies and procedures. Such guidelines are immensely helpful, providing both generalpublic information and interpretive clarity useful in the course of judicial proceedings. Particularlyin view of the latter application, interpretive policy guidelines must be carefully prepared, reviewed,and evaluated as to form and content before adoption. We believe this is the intent of the existingHAPA provisions under Section 91-2(2). HRS. Hence, we would suggest that the purposes of thismeasure might more effectively be achieved through legislative resolution rather than provision fora new statute.In addition, we note the provision in the Standing Committee Report (SCR 793) that theDOH Environmental Planning Office is the appropriate repository for the collected guidelines. Analternative location which might be more publicly accessible would be the Oftice of EnvironmentalQuality Control.An Equal Opportunity/Affirmative Action Institution

HB 386, HD1, Relating to the Environment, Senate Committee on Ecology and Environmental Protection, Public Hearing - March 17, 1995, 1:00 P.M., Room 305, SOT

University of Hawai'i at ManoaEnvironmental CenterA Unit of Water Resources Research CenterCrawford 317·2550 Campus Road· Honolulu, Hawai'i 96822Telephone: (808) 956-7361 • Facsimile: (808) 956-3980RL:01279HB 397RELATING TO ENVIRONMENTAL PROTECTIONSenate Committee onEcology and Environmental ProtectionPublic Hearing - March 17, 19951:00 P.M., Room 305 SOTByJohn T. Harrison, Environmental CenterPeter Rappa, Sea GrantAndrew Tomlinson, Environmental CenterHB 397 would repeal provisions in various subchapters of HRS 342 requiring the director ofhealth to obtain the governor's approval prior to issuing emergency orders.Our statement on this bill does not constitute an institutional position of the University of Hawaii.Any imminent peril to public health and safety deserves the unrestricted discretion of the state'schief health protection officer. Thus, this measure merely affirms a common sense provision for directcrisis intervention. However, we note two relevant considerations:1. As written, the director is empowered to make discretionary judgments as to theimminence as well as the degree of the public health risk. Although legitimate concernsmay arise over perceived arbitrary determinations, we suggest that in the realm of publichealth and safety, the state is constitutionally bestowed police powers, and error on theside of caution is justifiable.2. Strictly construed, Chapter 128D, HRS, already provides for determination of "imminentand substantial endangerment... " and emergency response by the director consistent withthe state contingency plan. The only substantive additional power offered by thismeasure is the elimination of state contingency plan consistency. It would appear thatthe purposes of this measure thus may be achieved within the department of healththrough rulemaking, and statutory amendment is unnecessary.An Equal Opportunity/Affirmative Action Institution

HB 397, Relating to Environmental Protection, Senate Committee on Ecology and Environmental Protection, Public Hearing - March 17, 1995, 1:00 P.M., Room 305, SOT

http://scholarspace.manoa.hawaii.edu/bitstream/10125/26318/1/RL01279.PDF

HB 386, HD1, Relating to the Environment, Senate Committee on Ecology and Environmental Protection, Public Hearing - March 17, 1995, 1:00 P.M., Room 305, SOT

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ScholarSpace at University of Hawai'i at Manoa

ScholarSpace at University of Hawai'i at Manoa