STAND. COM. REP. NO. 145-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2895
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Energy and Environmental Protection and
Water and Land Use, to which was referred H.B. No. 2895 entitled: 

     "A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT
     STATEMENTS,"

beg leave to report as follows:

     The purpose of this bill is to require that environmental
assessments (EAs) and environmental impact statements (EISs)
include the disclosure of the effects of a proposed action on the
cultural practices of the community and State.

     The Office of Hawaiian Affairs, Hawaii's Thousand Friends,
the Sierra Club, Hawaii Chapter, Life of the Land, the Kupuna
Advisory Council/Hookipa Network, Earthjustice Legal Defense
Fund, Annette's Adventures, the Kohanaiki Ohana, the
Ilioulaokalani Coalition, the Ahupuaa Action Alliance, and one
individual testified in support of this measure.  The Office of
Environmental Quality Control (OEQC) supported the intent of this
bill, and the University of Hawaii's Environmental Center and an
individual offered comments.

     There have been past attempts to include an assessment of
cultural resources in EISs.  During the mid-1990s, the
Environmental Council (Council) developed draft EIS rules that
included a definition of cultural impacts and required their
disclosure.  However, in 1996, the Governor disapproved these
rules because the Council would have been overstepping its
authority.  The Governor maintained "...that the Legislature is

 
 
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the proper body to address the cultural impact statement process.
In the absence of new law, these rules should not attempt to
legislate on this issue."

     In 1997, the Council adopted guidelines for assessing
cultural impacts.  According to OEQC, all EAs and EISs are now
required to address cultural impacts.  Nevertheless, it is your
Committees' understanding that these guidelines still lack the
full force of law.  Passage of this bill will clarify matters by
specifically requiring that any adverse effects on cultural
practices be assessed under the environmental review process.

     As affirmed by the records of votes of the members of your
Committees on Energy and Environmental Protection and Water and
Land Use that are attached to this report, your Committees are in
accord with the intent and purpose of H.B. No. 2895 and recommend
that it pass Second Reading and be referred to the Committee on
Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Energy and
                                   Environmental Protection and
                                   Water and Land Use,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ROMY M. CACHOLA, Chair             HERMINA M. MORITA, Chair