HOUSE OF REPRESENTATIVES	H.C.R. NO.	151
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

Requesting the Environmental Council to create an exemption in the environmental assessment process for State and county actions relating to EASEMENTS and right-of-ways.

     WHEREAS, a recent Hawaii Supreme Court decision and developing case law may have the unintended consequence of requiring all state and county actions regarding easements and right-of-ways to be subject to an environmental assessment; and

     WHEREAS, the Environmental Council has, under section 343‑6(a), Hawaii Revised Statutes, the authority to adopt, amend, or repeal necessary rules pursuant to the environmental assessment process; and

     WHEREAS, the Environmental Council has, under section 343‑6(a)(7), Hawaii Revised Statutes, the authority to establish procedures whereby specific types of actions which have minimal or no significant effect on the environment are declared exempt from the environmental assessment process; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Environmental Council is requested to establish by rule, an environmental assessment preparation requirement exemption for state and county actions regarding easements and right-of-ways of five acres of land or less; and

     BE IT FURTHER RESOLVED that the Environmental Council, with the assistance of the Office of Environmental Quality Control, submit a report to the Legislature not later than twenty days prior to the convening of the 2009 Regular Session at the actions taken to draft, adopt, and effectuate the exemption by rule requested under this measure; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Environmental Council, the Director of Environmental Quality Control, the Director of Health, and the Governor.             

OFFERED BY:

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Report Title: 

State and county environmental assessment process exemption for easements and right-of-ways.