REPORT TITLE:
Environmental Impact


DESCRIPTION:
Amends the environmental impact statement law to provide for
reasonable time extensions beyond the current 30-day limit for an
agency to make a determination of acceptance or nonacceptance of
a final environmental impact statement.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           789
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE ENVIRONMENT.



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

 1      SECTION 1.  The legislature finds that, under current law,
 
 2 final environmental impact statements are deemed to be accepted
 
 3 if the agency fails to accept or not accept the final statement
 
 4 within thirty days after receipt of that statement.  The only
 
 5 extension to that thirty-day period is at the applicant's request
 
 6 for a period not to exceed fifteen days.
 
 7      The legislature finds that, given the importance of the
 
 8 environmental review process to both agency decision makers and
 
 9 the general public, there is a need to provide greater
 
10 flexibility in the law to allow for extensions to the thirty-day
 
11 period in other reasonable circumstances.  The purpose of this
 
12 Act is therefore to amend the environmental impact statement law
 
13 to provide for reasonable time extensions beyond the thirty-day
 
14 limit for the agency to make a determination of acceptance or
 
15 nonacceptance of the final statement by the agency.
 
16      SECTION 2.  Chapter 343, Hawaii Revised Statutes, is amended
 
17 by adding a new section to be appropriately designated and to
 
18 read as follows:
 
19      "§343-    Final statement; time extensions.  Notwithstanding
 

 
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 1 any law to the contrary, the thirty-day period established
 
 2 pursuant to section 343-5(c) for the acceptance or nonacceptance
 
 3 of final statements by the agency shall be extended for a
 
 4 reasonable time period:
 
 5      (1)  In the event of a national disaster, state emergency,
 
 6           or union strike, which would prevent the applicant, the
 
 7           agency, or the department from fulfilling application
 
 8           or review requirements;
 
 9      (2)  For multiple permits being considered as part of a
 
10           state or county consolidated permit review process.
 
11           Nothing in this section shall prohibit the State, the
 
12           county, or both, from establishing by ordinance or rule
 
13           a consolidated permit review process that may provide
 
14           for different procedures and time limits for different
 
15           categories of permits;
 
16      (3)  For any period during which the applicant has been
 
17           requested by the agency to correct plans, perform
 
18           required studies, or provide other additional required
 
19           information.  If the agency determines that the
 
20           information submitted by the applicant is insufficient,
 
21           it shall notify the applicant of the deficiencies and
 
22           the period shall be further extended until all required
 
23           information has been provided by the applicant;
 

 
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 1      (4)  If the agency and applicant agree in writing to a
 
 2           longer time period for completion of the environmental
 
 3           impact statement;
 
 4      (5)  When a contested case hearing is requested pursuant to
 
 5           chapter 91, and for any other period for administrative
 
 6           or judicial appeals and review;
 
 7      (6)  For any period of time mutually agreed upon by the
 
 8           applicant and the issuing agency.  Nothing in this
 
 9           section shall prohibit an applicant and an agency from
 
10           mutually agreeing to an extension of any time limit
 
11           required by this section or rules adopted pursuant to
 
12           this section;
 
13      (7)  For any period of time in which any agency is unable to
 
14           maintain a quorum for any reason, if that agency is
 
15           required to maintain a quorum before making any
 
16           official decisions, including approving or denying a
 
17           business or development-related permit, license, or
 
18           approval;
 
19      (8)  If the agency has good cause for exceeding the maximum
 
20           period of time under either of the following
 
21           circumstances:
 
22           (A)  The number of permits to be processed exceeds by
 
23                fifteen per cent the number processed in the same
 

 
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 1                calendar quarter the preceding year; or
 
 2           (B)  The permit-issuing agency must rely on another
 
 3                public or private entity for all or part of the
 
 4                processing and the delay is caused by that other
 
 5                entity; or
 
 6      (9)  If any other compelling circumstances justify
 
 7           additional time and the project applicant consents to
 
 8           that extension."
 
 9      SECTION 3.  Section 343-5, Hawaii Revised Statutes, is
 
10 amended by amending subsection (c) to read as follows:
 
11      "(c)  Whenever an applicant proposes an action specified by
 
12 subsection (a) which requires approval of an agency, and which is
 
13 not a specific type of action declared exempt under section
 
14 343-6, the agency receiving the request for approval shall
 
15 prepare an environmental assessment of such proposed action at
 
16 the earliest practicable time to determine whether an
 
17 environmental impact statement shall be required.  For
 
18 environmental assessments for which a finding of no significant
 
19 impact is anticipated, a draft environmental assessment shall be
 
20 made available for public review and comment for a period of
 
21 thirty days.  The office shall inform the public of the
 
22 availability of the draft environmental assessment for public
 
23 review and comments pursuant to section 343-3.  The applicant
 

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

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

 
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 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.
 
 4 
 
 5                              INTRODUCED BY:______________________