Report Title:
State Contracts; Environmental Assessments
Description:
Directs the attorney general to review existing state contracts and projects to determine if compliance with environmental impact statement law is required because of state supreme court decision in The Sierra Club v. The Department of Transportation of the State of Hawaii ("Superferry decision").
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THE SENATE |
S.B. NO. |
2287 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE CONTRACTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the recent decision of the Hawaii Supreme Court in The Sierra Club v. The Department of Transportation of the State of Hawaii, 115 Haw. 299, 167 P.3d 292 (2007), provided an unprecedented interpretation of chapter 343, Hawaii Revised Statutes, relating to the applicability of the environmental assessment and impact statement process to state projects. The legislature further finds that in light of this decision, it would be prudent to initiate a review of existing state contracts and projects that to date have been determined to be exempt from the preparation of an environmental assessment or environmental impact statement to determine whether they may now be subject to the requirements of section 343-5, Hawaii Revised Statutes.
SECTION 2. (a) The attorney general is directed to initiate and oversee a review of all state contracts and projects in existence prior to the effective date of Act 2, Second Special Session Laws of Hawaii 2007, that were determined to be exempt from section 343-5, Hawaii Revised Statutes, to determine if those contracts or projects may now be subject to the preparation of an environmental assessment or environmental impact statement pursuant to chapter 343, Hawaii Revised Statutes.
(b) If, during the course of the review, the attorney general determines that any existing state contract or project may now be subject to the preparation of an environmental assessment or environmental impact statement pursuant to chapter 343, then the attorney general shall submit legislation to clarify that an environmental assessment or environmental impact statement is not required for that contract or project.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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