REPORT TITLE:
Util.; Aesthetic Benefits, EIS


DESCRIPTION:
Articulates state policy to value aesthetic benefits in placing
utilities.  Requires independent preparation of EIS for regulated
utility applicants.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2346
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC UTILITY LINES.
 


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

 1      SECTION 1.  The legislature finds there is increasing
 
 2 community interest in the placement of existing and proposed
 
 3 overhead public utility facilities underground for a variety of
 
 4 reasons including the desire to preserve, protect, and enhance
 
 5 the visual environment and scenic resources for residents and
 
 6 visitors worldwide.
 
 7      The legislative reference bureau was requested by Senate
 
 8 Concurrent Resolution No. 30, Regular Session of 1999, to conduct
 
 9 a policy and issue study concerning the undergrounding of
 
10 overhead public utility facilities.  In conducting the study, the
 
11 bureau consulted with the public utilities, the public utilities
 
12 commission, the consumer advocate, environmental organizations,
 
13 and community members.  After specifically reviewing topics such
 
14 as the type of line, location, benefits of undergrounding, costs,
 
15 public sentiment, technological issues and legal matters, and
 
16 studying how other jurisdictions have handled the issue of
 
17 undergrounding public utility lines, the bureau proposed several
 
18 suggestions for legislation.
 

 
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                                     S.B. NO.           2346
                                                        
                                                        

 
 1      The purpose of this Act is to implement the bureau's
 
 2 recommendation to require the independent preparation of
 
 3 environmental impact statements required of regulated utilities;
 
 4 and to implement one of the alternatives discussed by the
 
 5 legislative reference bureau as one way the legislature could set
 
 6 the standard with regard to the value of benefits:  by clearly
 
 7 stating the standard in the law.
 
 8      SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended
 
 9 by adding a new section to be appropriately designated and to
 
10 read as follows:
 
11      "§269-     Value of benefits.  It is the policy of the State
 
12 with regard to the placement of utility lines to value the
 
13 aesthetic benefit of the natural landscape in residential and
 
14 conservation zoned districts above all else."
 
15      SECTION 3.  Section 343-5, Hawaii Revised Statutes, is
 
16 amended by amending subsection (c) to read as follows:
 
17      "(c)  Whenever an applicant proposes an action specified by
 
18 subsection (a) which requires approval of an agency, and which is
 
19 not a specific type of action declared exempt under section
 
20 343-6, the agency receiving the request for approval shall
 
21 prepare an environmental assessment of such proposed action at
 
22 the earliest practicable time to determine whether an
 

 
 
 
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                                     S.B. NO.           2346
                                                        
                                                        

 
 1 environmental impact statement shall be required.  For
 
 2 environmental assessments for which a finding of no significant
 
 3 impact is anticipated, a draft environmental assessment shall be
 
 4 made available for public review and comment for a period of
 
 5 thirty days.  The office shall inform the public of the
 
 6 availability of the draft environmental assessment for public
 
 7 review and comments pursuant to section 343-3.  The applicant
 
 8 shall respond in writing to comments received during the review
 
 9 and the agency shall prepare a final environmental assessment to
 
10 determine whether an environmental impact statement shall be
 
11 required.  A statement shall be required if the agency finds that
 
12 the proposed action may have a significant effect on the
 
13 environment.  The agency shall file notice of such determination
 
14 with the office which, in turn, shall publish the agency's
 
15 determination for the public's information pursuant to section
 
16 343-3.  The draft and final statements, if required, shall be
 
17 prepared by [the applicant,] either:
 
18      (1)  The applicant, who shall file these statements with the
 
19           office[.]; or
 
20      (2)  If the applicant is a regulated utility under chapter
 
21           269, by a qualified environmental consultant retained
 
22           under contract by the office in accordance with the
 

 
 
 
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                                     S.B. NO.           2346
                                                        
                                                        

 
 1           competitive sealed bidding or the competitive sealed
 
 2           proposals source selection methods established under
 
 3           sections 103D-302 and 103D-303, respectively.  No
 
 4           prospective consultant who is in any way affiliated
 
 5           with the applicant, or who has ever received
 
 6           remuneration in the past from the applicant for
 
 7           services rendered, shall be allowed to submit bids for
 
 8           the preparation of a statement under this subsection.
 
 9           The applicant shall reimburse the office for all
 
10           contractual as well as reasonable administrative costs
 
11           incurred by the office as a result of negotiating the
 
12           contract immediately upon the ascertainment of the
 
13           contract amount by the office.
 
14      The draft statement shall be made available for public
 
15 review and comments through the office for a period of forty-five
 
16 days.  The office shall inform the public of the availability of
 
17 the draft statement for public review and comments pursuant to
 
18 section 343-3.  The applicant shall respond in writing to
 
19 comments received during the review and shall submit a request to
 
20 the office to begin the competitive process of selecting a
 
21 consultant, as required under this subsection, to prepare a final
 
22 statement.  The office, when requested by the applicant or
 

 
 
 
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                                     S.B. NO.           2346
                                                        
                                                        

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

 
 
 
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                                     S.B. NO.           2346
                                                        
                                                        

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