Report Title:
Environmental Impact Statements; Exemptions
Description:
Requires the office of environmental quality to review determinations of the necessity for an environmental impact statement where the proposing agency is also the agency making the determination. Requires the environmental council to approve exemptions made by a proposing agency.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
547 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to environmental impact statements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Whenever an agency proposes an action in subsection (a), other than feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or other than the use of state or county funds for the acquisition of unimproved real property that is not a specific type of action declared exempt under section 343-6, the agency shall prepare an environmental assessment for such action at the earliest practicable time to determine whether an environmental impact statement shall be required.
(1) For environmental assessments for which a finding of no significant impact is anticipated:
(A) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;
(B) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3;
(C) The agency shall respond in writing to comments received during the review and prepare a final environmental assessment to determine whether an environmental impact statement shall be required;
(D) A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment; and
(E) The agency shall file notice of such
determination with the office. When [a conflict of interest may exist
because] the proposing agency and the agency making the determination are
the same, the office [may] shall review the agency's
determination, consult the agency, and advise the agency of potential conflicts[,]
of interest, to comply with this section. The office shall publish the
final determination for the public's information pursuant to section 343-3.
The draft and final statements, if required, shall be prepared by the agency and submitted to the office. The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comment pursuant to section 343-3. The agency shall respond in writing to comments received during the review and prepare a final statement.
The office, when requested by the agency, may make a recommendation as to the acceptability of the final statement.
(2) The final authority to accept a final statement shall rest with:
(A) The governor, or the governor's authorized representative, whenever an action proposes the use of state lands or the use of state funds, or whenever a state agency proposes an action within the categories in subsection (a); or
(B) The mayor, or the mayor's authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds.
Acceptance of a required final statement shall be a condition precedent to implementation of the proposed action. Upon acceptance or nonacceptance of the final statement, the governor or mayor, or the governor's or mayor's authorized representative, shall file notice of such determination with the office. The office, in turn, shall publish the determination of acceptance or nonacceptance pursuant to section 343-3."
SECTION 2. 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 that shall:
(1) Prescribe the procedures whereby a group of proposed actions may be treated by a single environmental assessment or statement;
(2) 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 environmental assessment; provided that the procedures shall require an exemption of an action by a proposing agency to be reviewed by and subject to the approval of the council;
(3) Prescribe procedures for the preparation of an environmental assessment;
(4) Prescribe the contents of an environmental assessment;
(5) Prescribe procedures for informing the public of determinations that a statement is either required or not required, for informing the public of the availability of draft environmental impact statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final environmental statement;
(6) Prescribe the contents of an environmental impact statement;
(7) Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of an environmental impact statement;
(8) Establish criteria to determine whether an environmental impact statement is acceptable or not; and
(9) Prescribe procedures to appeal the nonacceptance of an environmental impact statement to the environmental council."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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