STAND. COM. REP. NO. 683-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2976
                                     H.D. 1




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

Sir:

     Your Committees on Water and Land Use and Judiciary and
Hawaiian Affairs, to which was referred H.B. No. 2976 entitled: 

     "A BILL FOR AN ACT RELATING TO ACTIONS WHICH CONCERN
     PROGRAMS OR DEVELOPMENT PROJECTS,"

beg leave to report as follows:

     The purpose of this bill is to clarify the type of actions
that require the preparation of environmental assessments.

     This bill amends chapter 343, Hawaii Revised Statutes,
relating to environmental impact statements (EIS), by:

     (1)  Amending the definition of "action" by deleting
          references to "program", thereby limiting an action to
          "a project to be initiated by any agency or applicant";
          and

     (2)  Inserting a new definition for "project" to mean a
          particular endeavor involving the development or use of
          land or water, including the construction, improvement,
          alteration, and repair of improvements or structures.

     This bill will clarify whether non-structural activities
routinely conducted by various state agencies would require an
environmental assessment.

     The Department of Business, Economic Development, and
Tourism, the Hawaii Tourism Authority (HTA), the Waikiki

 
 
                                 STAND. COM. REP. NO. 683-00
                                 Page 2

 
Improvement Association, the Hawaii Hotel Association, and the
Land Use Research Foundation of Hawaii testified in support of
this bill.  The Department of Land and Natural Resources
supported the intent of this measure.  Testimony in opposition
was submitted by the Sierra Club, Hawaii Chapter, the
Earthjustice Legal Defense Fund, the Hawaii Audubon Society, the
Oahu Group of the Sierra Club, Hawaii Chapter, Kohanaiki Ohana,
the Hawaiian Environmental Coalition, the Ilioulaokalani
Coalition, and several individuals.  The University of Hawaii's
Environmental Center offered comments.

     Some testified that this measure will protect the HTA.  The
Sierra Club has filed a lawsuit challenging that HTA must first
seek an environmental assessment before expending any government
funds.  Others testified that the definition of "project" is too
broadly worded and could exempt potentially disastrous actions
from the EIS process, including the introduction of alien plants
and animals, aerial spraying of pesticides, and actions resulting
in increased noise, air, or water pollution.

     Your Committee finds that the need to address this matter
extends beyond the HTA.  It also affects any other agency at the
state or county level with a marketing or promotional program.

     Upon further consideration, your Committees have amended
this bill by:

     (1)  Clarifying that an "action" includes any program or
          project except for any marketing and promotional
          program that does not require a discretionary permit;

     (2)  Deleting the definition of "project";

     (3)  Deleting the effective date and retrospective
          provisions of this bill; and

     (4)  Inserting a purpose clause that, among other things,
          states that this bill, although narrowly drawn, is
          intended to resolve only those claims that could be
          raised with respect to any branch or level of
          government.

     Finally, your Committee notes that there is another bill
that only exempts the HTA and no other agency from the need to
prepare environmental assessments for its marketing and
promotional programs.  This bill, therefore, complements that
measure by exempting all agencies from this same requirement.


 
                                 STAND. COM. REP. NO. 683-00
                                 Page 3

 
     As affirmed by the records of votes of the members of your
Committees on Water and Land Use and Judiciary and Hawaiian
Affairs that are attached to this report, your Committees are in
accord with the intent and purpose of H.B. No. 2976, as amended
herein, and recommend that it pass Second Reading in the form
attached hereto as H.B. No. 2976, H.D. 1, and be placed on the
calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Water and Land
                                   Use and Judiciary and Hawaiian
                                   Affairs,



_______________________________    _______________________________
ERIC G. HAMAKAWA, Chair            ROMY M. CACHOLA, Chair