REPORT TITLE:
Environmental Assessments


DESCRIPTION:
Amends the environmental impact statement law to specify that an
environmental assessment shall not be required for actions that
propose the use of state or county funds when those funds will
not be used for a proposed development.  Defines "development".

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENTAL ASSESSMENTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 amend the environmental impact statement law to prevent
 
 3 burdensome litigation.
 
 4      Hawaii's environmental impact statement law, which was
 
 5 enacted in 1974 and codified as chapter 343, Hawaii Revised
 
 6 Statutes, was patterned in part after the National Environmental
 
 7 Policy Act (NEPA) of 1969 (42 U.S.C. §§4321 to 4370c).  In
 
 8 enacting Hawaii's "little NEPA" law, the legislature incorporated
 
 9 the same broad intent of the federal law in 42 U.S.C. §4331(a),
 
10 in which Congress recognized "the profound impact of man's
 
11 activity on the interrelations of all components of the natural
 
12 environment...".
 
13      In particular, the legislature found "that the quality of
 
14 humanity's environment is critical to humanity's well being, that
 
15 humanity's activities have broad and profound effects upon the
 
16 interrelations of all components of the environment, and that an
 
17 environmental review process will integrate the review of
 
18 environmental concerns with existing planning processes of the
 
19 State and counties and alert decision makers to significant
 

 
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 1 environmental effects which may result from the implementation of
 
 2 certain actions."
 
 3      The legislature further found that "the process of reviewing
 
 4 environmental effects is desirable because environmental
 
 5 consciousness is enhanced, cooperation and coordination are
 
 6 encouraged, and public participation during the review process
 
 7 benefits all parties involved and society as a whole."
 
 8 Accordingly, the legislature declared as the purpose of chapter
 
 9 343, Hawaii Revised Statutes, "to establish a system of
 
10 environmental review which will ensure that environmental
 
11 concerns are given appropriate consideration in decision making
 
12 along with economic and technical considerations."  (Section
 
13 343-1, Hawaii Revised Statutes.)
 
14      The state environmental impact statement law is administered
 
15 by the office of environmental quality control.  The 1997
 
16 guidebook from that office outlining the environmental impact
 
17 statement process notes that this process "offers many
 
18 opportunities to prevent environmental degradation and protect
 
19 human communities through increased citizen involvement and
 
20 informed decision making", and by requiring government to "give
 
21 systematic consideration to the environmental, social and
 
22 economic consequences of proposed development projects before
 
23 granting permits that allow construction to begin" and assuring
 

 
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 1 the public "the right to participate in planning projects that
 
 2 may affect the community."
 
 3      The legislature agrees that there is a need to examine the
 
 4 consequences of proposed development projects before granting
 
 5 permits that allow construction to begin.  The community has a
 
 6 right to know and participate in planning projects that will
 
 7 affect the future of that community.  However, the legislature
 
 8 finds that the emphasis should be on "development projects" that
 
 9 presuppose some form of "construction".  The legislature finds
 
10 that while the scope of chapter 343 is broad, proposed actions
 
11 that do not contemplate some form of development, use, or land
 
12 classification or designation are beyond the intent of the
 
13 environmental impact statement law.
 
14      In determining whether a proposed action is subject to that
 
15 law, chapter 343 provides for eight "triggers".  The first such
 
16 action that triggers the need for an environmental assessment is
 
17 the use of state or county lands "or the use of state or county
 
18 funds", other than for feasibility studies or the purchase of
 
19 unimproved real property.  In the context of chapter 343, "the
 
20 use of state or county funds" necessarily implies their use for
 
21 some form of development or construction.  The legislature finds
 
22 that any other use of this language to require the completion of
 
23 an environmental assessment is inconsistent with the intent of
 

 
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 1 the environmental impact statement law.
 
 2      The intent of this Act is therefore to limit the "state or
 
 3 county funds" trigger for an environmental assessment in chapter
 
 4 343 to those instances in which the proposed use of those funds
 
 5 is for some form of development.
 
 6      SECTION 2.  Section 343-5, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  Except as otherwise provided, an environmental
 
 9 assessment shall be required for actions which:
 
10      (1)  Propose the use of state or county lands or the use of
 
11           state or county funds, other than funds to be used for
 
12           feasibility or planning studies for possible future
 
13           programs or projects which the agency has not approved,
 
14           adopted, or funded, or funds to be used for the
 
15           acquisition of unimproved real property; provided that
 
16           [the]:
 
17           (A)  The agency shall consider environmental factors
 
18                and available alternatives in its feasibility or
 
19                planning studies; and
 
20           (B)  An environmental assessment shall not be required
 
21                for actions that propose the use of state or
 
22                county funds when those funds will not be used for
 
23                a proposed development.  As used in this
 

 
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 1                paragraph, the term "development" has the same
 
 2                meaning as used in section 205A-22, whether or not
 
 3                the development occurs in a special management
 
 4                area;
 
 5      (2)  Propose any use within any land classified as
 
 6           conservation district by the state land use commission
 
 7           under chapter 205;
 
 8      (3)  Propose any use within the shoreline area as defined in
 
 9           section 205A-41;
 
10      (4)  Propose any use within any historic site as designated
 
11           in the National Register or Hawaii Register as provided
 
12           for in the Historic Preservation Act of 1966, Public
 
13           Law 89-665, or chapter 6E;
 
14      (5)  Propose any use within the Waikiki area of Oahu, the
 
15           boundaries of which are delineated in the land use
 
16           ordinance as amended, establishing the "Waikiki Special
 
17           District";
 
18      (6)  Propose any amendments to existing county general plans
 
19           where such amendment would result in designations other
 
20           than agriculture, conservation, or preservation, except
 
21           actions proposing any new county general plan or
 
22           amendments to any existing county general plan
 
23           initiated by a county;
 

 
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 1      (7)  Propose any reclassification of any land classified as
 
 2           conservation district by the state land use commission
 
 3           under chapter 205; and
 
 4 [[](8)[]] Propose the construction of new, or the expansion or
 
 5           modification of existing helicopter facilities within
 
 6           the State which by way of their activities may affect
 
 7           any land classified as conservation district by the
 
 8           state land use commission under chapter 205; the
 
 9           shoreline area as defined in section 205A-41; or, any
 
10           historic site as designated in the National Register or
 
11           Hawaii Register as provided for in the Historic
 
12           Preservation Act of 1966, Public Law 89-665, or chapter
 
13           6E; or, until the statewide historic places inventory
 
14           is completed, any historic site found by a field
 
15           reconnaissance of the area affected by the helicopter
 
16           facility and which is under consideration for placement
 
17           on the National Register or the Hawaii Register of
 
18           Historic Places."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.
 
22 
 
23                              INTRODUCED BY:______________________