SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO. 3                    DATE:  March 9, 1999    

TO:  S.B. No. 1024, S.D. 2



     Senate Bill No. 1024, S.D. 2, is amended as follows:

     1.  By designating Section 1 through Section 12 as "Part I".

     2.  By amending Section 11 to read:

     "SECTION 11.  This part does not affect rights and duties
that matured, penalties that were incurred, and proceedings that
were begun, before its effective date.  Rules adopted pursuant to
the chapters being amended shall remain in effect until the rules
are amended, repealed, or replaced."

     3.  By amending Section 12 to read:

     "SECTION 12.  All acts passed by the legislature during the
Regular Session of 1999, whether enacted before or after the
effective date of this part, shall be amended to conform to this
part; unless such acts specifically provide that this part is to
be amended."

     4.  By adding a new Part II consisting of Sections 13 and 14
to read as follows:

                            "PART II.

     SECTION 13.  The department of health is moving toward
adoption of a risk-based environmental management strategy, which
is based upon risk assessment to human health and the
environment, rather than upon rigid technical standards.
     Under the Comprehensive Emergency Response, Compensation and
Liability Act of 1980 (CERCLA) and the Oil Pollution Act of 1990
(OPA 90), the department of health has responsibility as a
"natural resources trustee."  To fulfill this responsibility, the
department must have the ability to evaluate the impact of
chemical releases and oil spills on the complex ecosystems of
Hawaii.  This expertise requires an individual who is trained and
experienced in the field of ecological risk assessment.
     In addition, as a trustee, the department is required to
conduct damage assessments and negotiate penalties with those
responsible for chemical releases and oil spills that harm the
environment.
     To do this effectively, the department must have expertise
in-house to support the claims made by the State.  It is
difficult for the department to make its case and negotiate
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successfully without a credible expert in the area of natural
biology and ecological risk assessment.  This is a very
specialized field of study and the expertise will support all the
programs of the environmental health administration.

     SECTION 14.  Chapter 128D, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated
and to read as follows:

     "§128D-    Ecological risk assessor.  The department may
establish a permanent exempt position for an ecological risk
assessor for the purpose of assessing ecological risks and
damages.  The position shall be appointed by the director without
regard to chapters 76 and 77.  The funds for this position shall
come from the environmental response revolving fund established
in section 128D-2.""

     5.  By adding a new Part III consisting of Sections 15, 16,
and 17 to read as follows:

                           "PART III.

     SECTION 15.  The legislature affirms that it is in the
public interest that actions which may have a significant impact
on the environment be subjected to a formal system of review to
ensure that the environmental concerns of the proposed actions
are given equal weight to economic and technical considerations.
The legislature finds that under existing law, certain proposed
actions which may have significant environmental effects are not
subject to the provisions for environmental review, and that such
review would provide substantive benefits to the public through
judicious evaluations of social and environmental effects, to the
private applicant through the identification of appropriate
mitigation strategies to minimize adverse environmental effects,
and to government through the identification of appropriate
planning principles and regulatory actions.
     The purpose of this part is to extend the environmental
review provisions of chapter 343, Hawaii Revised Statutes, to
encompass the proposed use of land subject to discretionary
approval by a state or county agency except for those land uses
that have minimal or no significant effects.
     SECTION 16.  Sections 343-5, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
     "(a)  Except as otherwise provided, an environmental
assessment shall be required for actions which:
     (1)  Propose the use of state or county lands or the use of
          state or county funds, other than funds to be used for
          feasibility or planning studies for possible future
          programs or projects which the agency has not approved,
          adopted, or funded, or funds to be used for the
          acquisition of unimproved real property; provided that
          the agency shall consider environmental factors and
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          available alternatives in its feasibility or planning
          studies;
     (2)  Propose any use within any land classified as
          conservation district by the state land use commission
          under chapter 205;
     (3)  Propose any use within the shoreline area as defined in
          section 205A-41;
     (4)  Propose any use within any historic site as designated
          in the National Register or Hawaii Register as provided
          for in the Historic Preservation Act of 1966, Public
          Law 89-665, or chapter 6E;
     (5)  Propose any use within the Waikiki area of Oahu, the
          boundaries of which are delineated in the land use
          ordinance as amended, establishing the "Waikiki Special
          District";
     (6)  Propose any amendments to existing county general plans
          where such amendment would result in designations other
          than agriculture, conservation, or preservation, except
          actions proposing any new county general plan or
          amendments to any existing county general plan
          initiated by a county;
     (7)  Propose any reclassification of any land classified as
          conservation district by the state land use commission
          under chapter 205; [and
 [](8)[]] Propose the construction of new, or the expansion or
          modification of existing helicopter facilities within
          the State which by way of their activities may affect
          any land classified as conservation district by the
          state land use commission under chapter 205; the
          shoreline area as defined in section 205A-41; or, any
          historic site as designated in the National Register or
          Hawaii Register as provided for in the Historic
          Preservation Act of 1966, Public Law 89-665, or chapter
          6E; or, until the statewide historic places inventory
          is completed, any historic site found by a field
          reconnaissance of the area affected by the helicopter
          facility and which is under consideration for placement
          on the National Register or the Hawaii Register of
          Historic Places[.]; and
     (9)  Propose any use of land when the use is subject to
          discretionary approval by a state or county agency,
          except those land uses that have minimal or no
          significant effects as provided in section 343-
          6(a)(7)."
     SECTION 17.  There is appropriated out of the general
revenues of the State of Hawaii the sum of $40,000, or so much
thereof as may be necessary for fiscal year 1999-2000, to carry
out the purposes of this part, including the hiring of necessary
staff.  The sum appropriated shall be expended by the department
of health.""

     6.  By redesignating Sections 13 and 14 as Sections 18 and
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19, and by designating these sections as Part IV.

     7.  By amending the new Section 19 to read as follows:

     "SECTION 19.  This Act shall take effect upon its approval;
provided that Sections 15, 16, and 17 shall take effect on
July 1, 1999."



Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn