Report Title:

Supplemental Environmental Impact Statements

Description:

Requires the preparation of a supplemental environmental impact statement where appropriate and directs the council to develop rules for supplemental statements.

HOUSE OF REPRESENTATIVES	H.B. NO.	653
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO Supplemental Environmental Impact StatementS.

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

     SECTION 1.  Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§343-  Supplemental environmental impact statement; conditions. (a)  When a final statement has been prepared for a project pursuant to this chapter, no subsequent or supplemental statement shall be required by the agency unless one or more of the following events occurs:

(1) Substantial changes are proposed in the project that will require major revisions of the environmental impact statement;

(2) Substantial changes occur with respect to the circumstances under which the project is being undertaken that will require major revisions in the environmental impact report; or

(3) New information becomes available that was not known and could not have been known at the time the environmental impact report was certified as complete.

(b)  Any legal challenge to an agency's decision that a supplemental environmental impact statement is not required, made pursuant to subsection (a), shall conform to the provisions for challenges to an agency decision regarding preparation of an environmental impact statement pursuant to section 343-7."

     SECTION 2.  Section 343-6, Hawaii Revised Statutes, is amended to read as follows:

     "§343-6  Rules.  (a)  After consultation with the affected agencies, the council shall adopt, amend, or repeal necessary rules for the purposes of this chapter in accordance with chapter 91 including, but not limited to, rules [which] that shall:

     (1)  Prescribe the contents of an environmental impact statement[;] and supplemental environmental impact statement;

     (2)  Prescribe the procedures whereby a group of proposed actions may be treated by a single statement;

     (3)  Prescribe procedures for the preparation and contents of an environmental assessment;

     (4)  Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of a statement[;] or supplemental statement;

     (5)  Prescribe procedures to appeal the nonacceptance of a statement or supplemental statement to the environmental council;

     (6)  Establish criteria to determine whether a statement or supplemental statement is acceptable or not;

     (7)  Establish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an assessment;

     (8)  Prescribe procedures for informing the public of determinations that a statement or supplemental statement is either required or not required, for informing the public of the availability of draft statements or supplemental statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final statement[;] or the supplemental statement; and

     (9)  Prescribe the contents of an environmental assessment.

     (b)  At least one public hearing shall be held in each county prior to the final adoption, amendment, or repeal of any rule."

     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:

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