STAND. COM. REP. NO. 2135

Honolulu, Hawaii

RE:    S.B. No. 2848

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Energy and Environment and Education, to which was referred S.B. No. 2848 entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

beg leave to report as follows:

     The purpose of this measure is to appropriate funds to the Auditor to contract with the University of Hawaii for a study of how to modernize Hawaii's environmental review system.

     Specifically, this measure provides funds to contract with the University of Hawaii to conduct a study on the State's environmental review process in order to:

     (1)  Examine the effectiveness of the current environmental review system created by chapters 341, 343, and 344, Hawaii Revised Statutes;

     (2)  Assess the unique environmental, economic, social, and cultural issues in Hawaii that should be incorporated into an environmental review system;

     (3)  Address larger concerns and interests related to sustainable development, global environmental change, and disaster risk reduction; and

     (4)  Develop a strategy, including legislative recommendations, for modernizing Hawaii's environmental review system so that it meets international and national best practices standards.

     Testimony in support of this measure was submitted by The Chamber of Commerce of Hawaii; the Office of Hawaiian Affairs; The Nature Conservancy of Hawaii; the Conservation Council for Hawaii; the Sierra Club; and two private citizens.  Comments were submitted by the Office of Environmental Quality Control.

     Your Committees find that it is vital to ensure that Hawaii has an environmental review system appropriate for the State in the 21st century, which is effective, efficient, and equitable.  Therefore, there is urgent need for an independent study, in collaboration with representative stakeholders, to inform the public, agencies, applicants, and the Legislature about how best to modernize Hawaii's environmental review system.

     Your Committees further find that the Legislative Reference Bureau, more so than the Auditor, contains the expertise to execute the contract.  In addition, due to the content of the study, your Committees find it necessary to increase the frequency of reporting and to solicit interim recommendations.

     The Chamber of Commerce of Hawaii has suggested to your Committees that environmental laws and ordinances of other states and municipalities may provide a greater context for the review.

     Accordingly, your Committees have amended this measure by:

     (1)  Assigning the administration of the contract with the University of Hawaii to the Legislative Reference Bureau;

     (2)  Requiring the study to contain a review of the environmental laws and ordinances of other states and municipalities to provide a greater context for the review of Hawaii's environmental review system; and

     (3)  Requiring the University of Hawaii to submit progress reports with interim recommendations to the Legislature every three months.

     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Education that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2848, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2848, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Education,

____________________________ NORMAN SAKAMOTO, Chair

____________________________ RON MENOR, Chair