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THE SENATE |
S.R. NO. |
78 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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REQUESTING THE DEPARTMENT OF HEALTH TO DEVELOP, ADOPT, AND ISSUE A GUIDANCE DOCUMENT ON ENVIRONMENTAL JUSTICE POLICY APPLICABLE TO ALL LEVELS OF THE ENVIRONMENTAL REVIEW PROCESS.
WHEREAS, Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," mandates federal agencies to make "achieving environmental justice part of its mission by identifying and addressing, as appropriate, the disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations."; and
WHEREAS, the Council on Environmental Quality issued a guidance document to ensure understanding of and compliance with the executive order; and
WHEREAS, Hawaii's environmental review system acknowledges the importance of environmental quality and environmental consciousness to the welfare of the State and society as a whole and considers, in the assessment process, actions that substantially effect the economic welfare, social welfare, and cultural practices of the community or State; and
WHEREAS, despite these acknowledgments, actions approved by state government agencies have had disproportionately high and adverse effects on the health, environment, and quality of life of minority communities, low income communities, and native Hawaiians; and
WHEREAS, this includes greater risks from toxins and dangerous substances and the siting of waste dumps, industrial facilities, and chemical storage warehouses in these communities to the detriment of these populations; and
WHEREAS, to prevent these adverse effects, there is a clear need for a guidance document on the State's environmental justice policy as it applies to environmental review; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Department of Health is requested to develop, adopt, and issue a guidance document on environmental justice policy that will apply to environmental review at all levels under chapter 343, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that this body requests that the guidance document set forth procedures that systematically ensure inclusion of the following in the environmental review:
(1) Identification and analysis of disproportionately high and adverse effects, including effects on the natural and physical environment and interrelated health, social, cultural, ecological, and economic effects, on minority communities, low income communities, and native Hawaiians, that:
(A) Are highly sensitive to the circumstances of the particular community or population, the particular type of environmental or human health impact, and the nature of the proposed action itself;
(B) Recognize the importance of research, data collection, and analysis, particularly on multiple and cumulative exposures to environmental hazards; and
(C) Consider the interrelated cultural, social, occupational, historical, or economic factors that may amplify the effects of the proposed agency action, including the physical sensitivity of the community or population to particular impacts, the effect of any disruption on the community structure due to the proposed action, and the nature and degree of impact on the physical and social structure of the community; and
(2) The provision of opportunities to ensure effective and timely public participation and access to information, including access to meetings, crucial documents, and notices; provided that:
(A) Agencies and applicants are aware of the diverse constituencies in the particular community and strive for complete representation of the community as a whole; and
(B) Adaptive or innovative approaches to overcome linguistic, institutional, cultural, economic, historical, or other potential barriers may be required; and
(3) Upon the identification of disproportionately high and adverse effects:
(A) Heightened agency and applicant consideration of alternatives, mitigation strategies, monitoring needs, and preferences expressed by the affected community or population; and
(B) Inclusion of the effects among the factors explicitly discussed in determining significance and in considering whether all practicable means to avoid or minimize environmental and other interrelated effects were adopted; and
BE IT FURTHER RESOLVED that the Department of Health is requested to submit the guidance document and other recommendations, if any, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health.
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OFFERED BY: |
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Report Title:
Environmental Justice