Report Title:

Environmental Assessment; Environmental Impact Statements; Limited Exemption

Description:

Exempts proposed actions that only use state or county highways and meet certain other limiting conditions from preparation of an environmental assessment or an environmental impact statement.  Effective upon approval and repealed 6/30/09.

HOUSE OF REPRESENTATIVES	H.B. NO.	3261
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to provide an exemption from chapter 343, Hawaii Revised Statutes, until June 30, 2009, for proposed actions that only use state or county highways and meet certain other limiting conditions.

     SECTION 2.  For the purpose of this Act, "action", "environmental assessment", and "environmental impact statement" or "statement" and "finding of no significant impact" mean the same as defined in section 343-2, Hawaii Revised Statutes.

     SECTION 3.  Notwithstanding chapter 343, Hawaii Revised Statutes, or any other law to the contrary, a proposed action shall be exempt from the need for an environmental assessment, finding of no significant impact, or an environmental impact statement if the proposed action:

     (1)  Proposes the use, improvement, widening, excavation, or marking of a public highway that is on state or county land or the placement of an easement through or on a public highway that is on state or county land;

     (2)  Proposes no other use or action listed under section 343-5(a), Hawaii Revised Statutes, that would trigger the need for an environmental assessment; and

     (3)  Complies with all of the following:

         (A)  The proposed action will not be undertaken on a parcel of land of greater than         acres;

         (B)  The proposed action will not result in the addition of more than         square feet of floor area within structures, as calculated under the relevant county's zoning ordinance or building code;

         (C)  The proposed action will not result in an increase of more than         square feet of building area, as calculated under the relevant county's zoning ordinance or building code; and

         (D)  The proposed action will not result in an increase of more than         persons to the maximum permitted occupancy in all buildings affected by the proposed action, as calculated under the relevant county's building or fire code.

     SECTION 4.  This Act shall take effect upon its approval and shall be repealed on June 30, 2009; provided that its repeal shall not affect any proposed action exempted by this Act that was begun prior to, but not yet completed by, the repeal date.

INTRODUCED BY:

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