HB2103

SECTION 1. The legislature finds that climate change poses a serious threat to the economic well-being, public health, natural resources, and the environment of Hawaii. The potential adverse impacts of climate change and global warming include a rise in sea levels resulting in the displacement of businesses and residences, damage to marine ecosystems and the natural environment, and the development of violent weather patterns worldwide. The legislature further finds that the leading contributor to global warming and climate change is the release of carbon emissions and other greenhouse gases into the atmosphere. Recent increases in fossil fuel demand and industrialization worldwide have served to increase carbon emissions and hasten adverse climate change.

Hawaii's existence as an island state makes Hawaii particularly vulnerable to the effects of climate change. We are particularly susceptible to harmful weather patterns and rising ocean levels that are predicted to take place if climate change continues unabated. These will impact the health and safety of Hawaii's residents. In addition, the effects of global warming will ripple through the State's economy as some of Hawaii's largest industries, including tourism, agriculture, recreational and commercial fishing, and forestry, are affected.

Chapter 343, Hawaii Revised Statutes, requires the preparation of an environmental impact statement for various projects within the State that are predicted to have a significant effect on environmental quality. This chapter, modeled after the National Environmental Policy Act, was implemented to meet the challenges of protecting Hawaii's natural environment. Recently, the United States Court of Appeals for the Ninth Circuit held for the first time that federal agencies must assess carbon dioxide emissions and other climate change impacts in environmental review documents prepared under the National Environmental Policy Act. In Center for Biological Diversity v. National Highway Traffic Safety Administration, 2007 U.S. App. LEXIS 26555 (9th Cir., Nov. 15, 2007), the Court stated, "[t]he impact of greenhouse gas emissions on climate change analysis is precisely the kind of cumulative impact analysis that NEPA requires agencies to conduct." Applying this logic to Hawaii's environmental impact review process, the legislature finds that state agencies should consider the impact of activities on climate change here as well.

The purpose of this Act is to prevent the adverse effects of global warming and climate change in Hawaii by requiring environmental assessments and environmental impact statements to address the effects of proposed actions on climate change.

SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "environmental impact statement" or "statement" to read as follows"

""Environmental impact statement" or "statement" means an informational document prepared in compliance with the rules adopted under section 343-6 and [~~which~~] that discloses the environmental effects of a proposed action, effects of a proposed action as a contributor to climate change, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects.

The initial statement filed for public review shall be referred to as the draft statement and shall be distinguished from the final statement which is the document that has incorporated the public's comments and the responses to those comments. The final statement is the document that shall be evaluated for acceptability by the respective accepting authority."

2. By amending the definition of "significant effect" to read as follows:

""Significant effect" means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, impact climate change, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2103
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII