HB 2110 Summary

• Adds definitions of "locator" (utility locating companies) and "release" (escape of flammable, toxic, hazardous, or corrosive materials from damaged subsurface installations) to Hawaii Revised Statutes Chapter 269E

• Expands the definition of "emergency" to include a "release" and narrows the excavation exemption for residential properties to only hand tools disturbing less than twelve inches of earth

• Makes locators acting on behalf of operators subject to the same duties, liabilities, and civil penalties as operators and excavators under the chapter

• Changes the trigger for notifying emergency services from "creates an emergency situation" to "causes the escape of any flammable, toxic, hazardous, or corrosive gas or liquid" and extends responsibility to "any person responsible"

• Allows excavators, locators, and operators to bring enforcement actions; establishes civil penalties up to $5,000 per day (capped at $100,000 for related violations) and mandatory educational program participation

• Takes effect January 1, 2050