REPORT TITLE:
Environmental Impact Statement

DESCRIPTION:
Requires that a regulated utility procure the services of a
qualified environmental consultant to prepare an environmental
impact statement regarding its proposed actions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2281
TWENTIETH LEGISLATURE, 2000                                
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 subsection (c) to read as follows:
 
 3      "(c)  Whenever an applicant proposes an action specified by
 
 4 subsection (a) which requires approval of an agency, and which is
 
 5 not a specific type of action declared exempt under section
 
 6 343-6, the agency receiving the request for approval shall
 
 7 prepare an environmental assessment of such proposed action at
 
 8 the earliest practicable time to determine whether an
 
 9 environmental impact statement shall be required.  For
 
10 environmental assessments for which a finding of no significant
 
11 impact is anticipated, a draft environmental assessment shall be
 
12 made available for public review and comment for a period of
 
13 thirty days.  The office shall inform the public of the
 
14 availability of the draft environmental assessment for public
 
15 review and comments pursuant to section 343-3.  The applicant
 
16 shall respond in writing to comments received during the review
 
17 and the agency shall prepare a final environmental assessment to
 
18 determine whether an environmental impact statement shall be
 
19 required.  A statement shall be required if the agency finds that
 

 
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                                     S.B. NO.           2281
                                                        
                                                        

 
 1 the proposed action may have a significant effect on the
 
 2 environment.  The agency shall file notice of such determination
 
 3 with the office which, in turn, shall publish the agency's
 
 4 determination for the public's information pursuant to section
 
 5 343-3.  The draft and final statements, if required, shall be
 
 6 prepared by [the applicant,] either:
 
 7      (1)  The applicant, who shall file these statements with the
 
 8           office[.]; or
 
 9      (2)  If the applicant is a regulated utility under chapter
 
10           269, by a qualified environmental consultant retained
 
11           under contract by the office in accordance with the
 
12           competitive sealed bidding or the competitive sealed
 
13           proposals source selection methods established under
 
14           sections 103D-302 and 103D-303, respectively.  No
 
15           prospective consultant who is in any way affiliated
 
16           with the applicant, or who has ever received
 
17           remuneration in the past from the applicant for
 
18           services rendered, shall be allowed to submit bids for
 
19           the preparation of a statement under this subsection.
 
20           The applicant shall reimburse the office for all
 
21           contractual as well as reasonable administrative costs
 
22           incurred by the office as a result of negotiating the
 
23           contract immediately upon the ascertainment of the
 

 
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                                     S.B. NO.           2281
                                                        
                                                        

 
 1           contract amount by the office.
 
 2   The draft statement shall be made available for public review
 
 3 and comments through the office for a period of forty-five days.
 
 4 The office shall inform the public of the availability of the
 
 5 draft statement for public review and comments pursuant to
 
 6 section 343-3.  The applicant shall respond in writing to
 
 7 comments received during the review and shall submit a request to
 
 8 the office to begin the competitive process of selecting a
 
 9 consultant, as required under this subsection, to prepare a final
 
10 statement.  The office, when requested by the applicant or
 
11 agency, may make a recommendation as to the acceptability of the
 
12 final statement.  The authority to accept a final statement shall
 
13 rest with the agency receiving the request for approval.
 
14 Acceptance of a required final statement shall be a condition
 
15 precedent to approval of the request and commencement of proposed
 
16 action.  Upon acceptance or nonacceptance of the final statement,
 
17 the agency shall file notice of such determination with the
 
18 office.  The office, in turn, shall publish the determination of
 
19 acceptance or nonacceptance of the final statement pursuant to
 
20 section 343-3.  The agency receiving the request, within thirty
 
21 days of receipt of the final statement, shall notify the
 
22 applicant and the office of the acceptance or nonacceptance of
 
23 the final statement.  The final statement shall be deemed to be
 

 
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                                     S.B. NO.           2281
                                                        
                                                        

 
 1 accepted if the agency fails to accept or not accept the final
 
 2 statement within thirty days after receipt of the final
 
 3 statement; provided that the thirty-day period may be extended at
 
 4 the request of the applicant for a period not to exceed fifteen
 
 5 days.
 
 6      In any acceptance or nonacceptance, the agency shall provide
 
 7 the applicant with the specific findings and reasons for its
 
 8 determination.  An applicant, within sixty days after
 
 9 nonacceptance of a final statement by an agency, may appeal the
 
10 nonacceptance to the environmental council, which, within thirty
 
11 days of receipt of the appeal, shall notify the applicant of the
 
12 council's determination.  In any affirmation or reversal of an
 
13 appealed nonacceptance, the council shall provide the applicant
 
14 and agency with specific findings and reasons for its
 
15 determination.  The agency shall abide by the council's
 
16 decision."
 
17      SECTION 2.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________