REPORT TITLE:
Environmental Impact Comments


DESCRIPTION:
Allows extension of the public comment period for environmental
assessment and impact statements.  (HB942 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        942
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.



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

 1      SECTION 1.  Section 343-5, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (b) and (c) to read as follows:
 
 3      "(b)  Whenever an agency proposes an action in subsection
 
 4 (a), other than feasibility or planning studies for possible
 
 5 future programs or projects which the agency has not approved,
 
 6 adopted, or funded, or other than the use of state or county
 
 7 funds for the acquisition of unimproved real property, which is
 
 8 not a specific type of action declared exempt under section
 
 9 343-6, that agency shall prepare an environmental assessment for
 
10 such action at the earliest practicable time to determine whether
 
11 an environmental impact statement shall be required.  For
 
12 environmental assessments for which a finding of no significant
 
13 impact is anticipated, a draft environmental assessment shall be
 
14 made available for public review and comment for a period of a
 
15 minimum of thirty days[.], which may be extended by the agency.
 
16 The office shall inform the public of the availability of the
 
17 draft environmental assessment for public review and comments
 
18 pursuant to section 343-3.  The agency shall respond in writing
 

 
Page 2                                                     942
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 to comments received during the review and prepare a final
 
 2 environmental assessment to determine whether an environmental
 
 3 impact statement shall be required.  A statement shall be
 
 4 required if the agency finds that the proposed action may have a
 
 5 significant effect on the environment.  The agency shall file
 
 6 notice of such determination with the office which, in turn,
 
 7 shall publish the agency's determination for the public's
 
 8 information pursuant to section 343-3.  The draft and final
 
 9 statements, if required, shall be prepared by the agency and
 
10 submitted to the office.  The draft statement shall be made
 
11 available for public review and comment through the office for a
 
12 period of a minimum of forty-five days[.], which may be extended
 
13 by the agency.  The office shall inform the public of the
 
14 availability of the draft statement for public review and
 
15 comments pursuant to section 343-3.  The agency shall respond in
 
16 writing to comments received during the review and prepare a
 
17 final statement.  The office, when requested by the agency, may
 
18 make a recommendation as to the acceptability of the final
 
19 statement.  The final authority to accept a final statement shall
 
20 rest with:
 
21      (1)  The governor, or the governor's authorized
 
22           representative, whenever an action proposes the use of
 

 
 
 
Page 3                                                     942
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           state lands or the use of state funds or whenever a
 
 2           state agency proposes an action within the categories
 
 3           in subsection (a); or
 
 4      (2)  The mayor, or the mayor's authorized representative, of
 
 5           the respective county whenever an action proposes only
 
 6           the use of county lands or county funds.
 
 7      Acceptance of a required final statement shall be a
 
 8 condition precedent to implementation of the proposed action.
 
 9 Upon acceptance or nonacceptance of the final statement, the
 
10 governor or mayor, or the governor's or mayor's authorized
 
11 representative, shall file notice of such determination with the
 
12 office.  The office, in turn, shall publish the determination of
 
13 acceptance or nonacceptance pursuant to section 343-3.
 
14      (c)  Whenever an applicant proposes an action specified by
 
15 subsection (a) which requires approval of an agency, and which is
 
16 not a specific type of action declared exempt under section
 
17 343-6, the agency receiving the request for approval shall
 
18 prepare an environmental assessment of such proposed action at
 
19 the earliest practicable time to determine whether an
 
20 environmental impact statement shall be required.  For
 
21 environmental assessments for which a finding of no significant
 
22 impact is anticipated, a draft environmental assessment shall be
 

 
 
 
Page 4                                                     942
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 made available for public review and comment for a period of a
 
 2 minimum of thirty days[.] and may be extended with the approval
 
 3 of both the applicant and accepting authority or as specified by
 
 4 rules.  The office shall inform the public of the availability of
 
 5 the draft environmental assessment for public review and comments
 
 6 pursuant to section 343-3.  The applicant shall respond in
 
 7 writing to comments received during the review and the agency
 
 8 shall prepare a final environmental assessment to determine
 
 9 whether an environmental impact statement shall be required.  A
 
10 statement shall be required if the agency finds that the proposed
 
11 action may have a significant effect on the environment.  The
 
12 agency shall file notice of such determination with the office
 
13 which, in turn, shall publish the agency's determination for the
 
14 public's information pursuant to section 343-3.  The draft and
 
15 final statements, if required, shall be prepared by the
 
16 applicant, who shall file these statements with the office.  The
 
17 draft statement shall be made available for public review and
 
18 comments through the office for a period of a minimum of forty-
 
19 five days[.] and may be extended with the approval of both the
 
20 applicant and accepting authority or as specified by rules.  The
 
21 office shall inform the public of the availability of the draft
 
22 statement for public review and comments pursuant to section
 

 
 
 
Page 5                                                     942
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 343-3.  The applicant shall respond in writing to comments
 
 2 received during the review and prepare a final statement.  The
 
 3 office, when requested by the applicant or agency, may make a
 
 4 recommendation as to the acceptability of the final statement.
 
 5 The authority to accept a final statement shall rest with the
 
 6 agency receiving the request for approval.  Acceptance of a
 
 7 required final statement shall be a condition precedent to
 
 8 approval of the request and commencement of proposed action.
 
 9 Upon acceptance or nonacceptance of the final statement, the
 
10 agency shall file notice of such determination with the office.
 
11 The office, in turn, shall publish the determination of
 
12 acceptance or nonacceptance of the final statement pursuant to
 
13 section 343-3.  The agency receiving the request, within thirty
 
14 days of receipt of the final statement, shall notify the
 
15 applicant and the office of the acceptance or nonacceptance of
 
16 the final statement.  The final statement shall be deemed to be
 
17 accepted if the agency fails to accept or not accept the final
 
18 statement within thirty days after receipt of the final
 
19 statement; provided that the thirty-day period may be extended at
 
20 the request of the applicant for a period not to exceed fifteen
 
21 days.
 

 
 
 
 
 
Page 6                                                     942
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      In any acceptance or nonacceptance, the agency shall provide
 
 2 the applicant with the specific findings and reasons for its
 
 3 determination.  An applicant, within sixty days after
 
 4 nonacceptance of a final statement by an agency, may appeal the
 
 5 nonacceptance to the environmental council, which, within thirty
 
 6 days of receipt of the appeal, shall notify the applicant of the
 
 7 council's determination.  In any affirmation or reversal of an
 
 8 appealed nonacceptance, the council shall provide the applicant
 
 9 and agency with specific findings and reasons for its
 
10 determination.  The agency shall abide by the council's
 
11 decision."
 
12      SECTION 2.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 3.  This Act shall take effect upon its approval.