STAND

STAND. COM. REP. 1105

Honolulu, Hawaii

, 2003

RE: S.B. No. 1593

S.D. 1

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1593, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL JUSTICE,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Require environmental impact statements to disclose and propose mitigation of the environmental justice impacts of a proposed action; and

(2) Create an Environmental Justice Working Group (Working Group) to:

(A) Develop guidelines for public review and comment; and

(B) Make recommendations on whether these guidelines should be adopted by agency policy, rule, ordinance, or statute.

Your Committee received testimony in support of this measure from a concerned individual. The American Friends Service Committee submitted testimony in general support of this bill with reservations about the effectiveness of the working group. The Attorney General commented on issues in this bill that need clarification. The Department of Health opposed this bill because of legal considerations raised by the Attorney General. The Office Environmental Quality Control requested that the bill be held pending further study. Life of the Land commented on this measure.

Your Committee considers it important for government entities and the public to be aware of environmental justice impacts as decisions affecting the siting of facilities that generate pollution are made.

Your Committee has amended this measure by:

(1) Replacing the definition of "environmental justice impact" with a definition of "environmental justice" similar to that used by the Environmental Protection Agency;

(2) Removing from the Working Group duties, the making of recommendations as to whether guidelines should be implemented by policy, rule, ordinance, or statute; and

(3) Making technical, nonsubstantive amendments for purposes of consistency and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1593, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1593, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ ERIC G. HAMAKAWA, Chair