CONFERENCE COMMITTEE REP. NO. 44

Honolulu, Hawaii

                 , 2009

RE:    H.B. No. 640

       H.D. 1

       S.D. 2

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 640, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to eliminate undue delays for certain actions that involve the installation, improvement, renovation, construction, or development of infrastructure (including roadway improvements, waterlines, wastewater lines and facilities, drainage facilities, and electrical, communication, and cable utilities) within a public right-of-way or highway by clarifying that such projects are exempt from Chapter 343, Hawaii Revised Statutes, the environmental review law.

     Your Committee on Conference has amended this bill by:

(1) Inserting a preamble;

(2) Clarifying that the exemption from the environmental review law under this bill applies to any primary action requiring a permit or approval that is not subject to a discretionary consent and involving a secondary action that is ancillary and limited to infrastructure development within a public right-of-way or highway;

(3) Eliminating the provision disqualifying projects involving infrastructure that may have a significant effect on the environment from the exemption under this measure;

(4) Inserting a definition for "discretionary consent";

(5) Changing the effective date to July 1, 2009, with a sunset date of July 1, 2011; and

(6) Making technical, nonsubstantive amendments for clarity and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 640, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 640, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ MIKE GABBARD, Chair	____________________________ HERMINA MORITA, Co-Chair
____________________________ J. KALANI ENGLISH, Co-Chair	____________________________ KEN ITO, Co-Chair
____________________________ BRIAN T. TANIGUCHI, Co-Chair	____________________________ JOSEPH M. SOUKI, Co-Chair