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.  (HD1)

THE SENATE	S.B. NO.	642
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII		H.D. 1

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)  Proposing agencies or applicants shall prepare, for public review, supplemental statements whenever the proposed action for which a statement was accepted has been modified to the extent that new or different environmental impacts are anticipated and when one or more of the following events occurs:

(1) The scope of an action has been substantially increased;

(2) The intensity of environmental impacts will be increased;

(3) The mitigating measures originally planned are not to be implemented; or

(4) New information or evidence has brought to light different or likely increased environmental impacts not previously dealt with.

For the purposes of this section, new information means facts and data received after the final environmental impact statement acceptance date that would materially impact the analysis of environmental, social, cultural, or economic issues relevant to the proposed action.

(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.

(c)  The contents of the supplemental statement shall be the same as required by this chapter for the original environmental impact statement and may incorporate by reference unchanged material therefrom; however, in addition, it shall fully document the proposed changes from the original environmental impact statement, including changes in ambient conditions or available information that have a bearing on a proposed action or its impacts, and the positive and negative aspects of these changes."

     SECTION 2.  Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  [A] Except as provided in section 343-  , a statement that is accepted with respect to a particular action shall satisfy the requirements of this chapter, and no other statement for the proposed action shall be required."

     SECTION 3.  Section 343-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.