REPORT TITLE:
Environmental Impact Comments


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1446
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 at
 
15 least thirty days.  The office shall inform the public of the
 
16 availability of the draft environmental assessment for public
 
17 review and comments pursuant to section 343-3.  The agency shall
 
18 respond in writing to comments received during the review and
 
19 prepare a final environmental assessment to determine whether an
 

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

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

 
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 1 and the agency shall prepare a final environmental assessment to
 
 2 determine whether an environmental impact statement shall be
 
 3 required.  A statement shall be required if the agency finds that
 
 4 the proposed action may have a significant effect on the
 
 5 environment.  The agency shall file notice of such determination
 
 6 with the office which, in turn, shall publish the agency's
 
 7 determination for the public's information pursuant to section
 
 8 343-3.  The draft and final statements, if required, shall be
 
 9 prepared by the applicant, who shall file these statements with
 
10 the office.  The draft statement shall be made available for
 
11 public review and comments through the office for a period of at
 
12 least forty-five days.  The office shall inform the public of the
 
13 availability of the draft statement for public review and
 
14 comments pursuant to section 343-3.  The applicant shall respond
 
15 in writing to comments received during the review and prepare a
 
16 final statement.  The office, when requested by the applicant or
 
17 agency, may make a recommendation as to the acceptability of the
 
18 final statement.  The authority to accept a final statement shall
 
19 rest with the agency receiving the request for approval.
 
20 Acceptance of a required final statement shall be a condition
 
21 precedent to approval of the request and commencement of proposed
 
22 action.  Upon acceptance or nonacceptance of the final statement,
 
23 the agency shall file notice of such determination with the
 

 
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 1 office.  The office, in turn, shall publish the determination of
 
 2 acceptance or nonacceptance of the final statement pursuant to
 
 3 section 343-3.  The agency receiving the request, within thirty
 
 4 days of receipt of the final statement, shall notify the
 
 5 applicant and the office of the acceptance or nonacceptance of
 
 6 the final statement.  The final statement shall be deemed to be
 
 7 accepted if the agency fails to accept or not accept the final
 
 8 statement within thirty days after receipt of the final
 
 9 statement; provided that the thirty-day period may be extended at
 
10 the request of the applicant for a period not to exceed fifteen
 
11 days.
 
12      In any acceptance or nonacceptance, the agency shall provide
 
13 the applicant with the specific findings and reasons for its
 
14 determination.  An applicant, within sixty days after
 
15 nonacceptance of a final statement by an agency, may appeal the
 
16 nonacceptance to the environmental council, which, within thirty
 
17 days of receipt of the appeal, shall notify the applicant of the
 
18 council's determination.  In any affirmation or reversal of an
 
19 appealed nonacceptance, the council shall provide the applicant
 
20 and agency with specific findings and reasons for its
 
21 determination.  The agency shall abide by the council's
 
22 decision."
 
23      SECTION 2.  New statutory material is underscored.
 

 
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 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                              INTRODUCED BY:______________________