Report Title:

Environmental Impact Statements; Environmental Assessments

Description:

Requires another environmental assessment and environmental impact statement if the original is more than ten years old.

THE SENATE	S.B. NO.	655
TWENTY-FOURTH LEGISLATURE, 2007
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.  Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§343-   Time limitation on validity of environmental assessment, impact statement, or exemption; new submissions. (a)  If a period of ten years or more has elapsed on a proposed action since:

(1) The acceptance of a final environmental impact statement;

(2) The preparation of an environmental assessment for which there is a finding of no significant impact; or

(3) A proposed action that is of a list of classes of actions that, because they will probably have minimal or no significant effect on the environment, was declared exempt by the proposing agency or approving agency from the preparation of an environmental assessment,

then a new environmental assessment or environmental impact statement, as applicable, shall be required if the proposed action has not been completed.

(b)  A proposed action that is subject to subsection (a)(1) or (2) shall cease pending the preparation and submission of the new documentation.

(c)  A proposed action that is subject to subsection (a)(3) shall require an application to the council to review the proposed action for a determination of whether an exemption should apply, notwithstanding that the proposed action was previously exempt.

(d)  The contents of the required documentation under subsections (b) and (c) shall be the same as for the required contents of the previous draft and final statements; provided that any new or changed circumstances or conditions shall be addressed.

(e)  Acceptance of a final statement under this section shall be a condition precedent to commencement or continuation of the proposed action.

(f)  Procedures under this section, except as otherwise provided in this section, shall be the same as other procedures under this chapter."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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