Report Title:

Environmental Assessments; State and County Lands; Exemption

 

Description:

Exempts from the purview of chapter 343, HRS, the environmental review law, primary actions that require a ministerial permit, that involve secondary actions relating to infrastructure development within public right-of-ways that have no significant effect on the environment.  (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

640

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

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-    Exception to applicability of chapter.  (a)  Notwithstanding any other law to the contrary, any primary action that requires a permit or approval from an approving agency that is not subject to the discretionary consent of the approving agency and that involves a secondary action limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway shall be exempt from this chapter; provided that, if the infrastructure:

     (1)  Is not within an existing public right-of-way or highway; or

     (2)  May have a significant effect on the environment,

then this section shall not apply.

     (b)  As used in this section:

     "Infrastructure" includes but is not limited to waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements.

     "Primary action" refers to any action outside of the highway or public right-of-way that is on private property.

     "Secondary action" refers to any infrastructure within the highway or public right-of-way."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2009, and shall be repealed on July 1, 2011.