Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 408, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to remove conflicts of interest in the environmental assessment and impact statement process.

The bill requires the Office of Environmental Quality Control to review an agency's determination on whether a proposed action may have a significant effect on the environment, thereby requiring an environmental impact statement, if the agency making the determination is also the agency proposing the action.

The Life of the Land, the Hawaii Chapter of the Sierra Club, and two concerned citizens submitted testimony in support of this bill. The Environmental Center of the University of Hawaii submitted testimony supporting the intent of this bill.

Your Committee finds that environmental impact statements are necessary to assess the impacts, including environmental, social, cultural, and economic, of future development. These statements are useful tools to allow decision-makers to make informed decisions on development projects. However, under the current environmental review process there is the potential for a perceived lack of impartiality in projects where a proposing agency is permitted to determine whether its own project may or may not cause a significant impact. This measure seeks to remedy this problem by requiring the Office of Environmental Quality Control to review an agency's determination on whether a proposed action of the agency may have a significant effect on the environment.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 408, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Finance.