THE SENATE

S.B. NO.

2818

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ENVIRONMENTAL PROTECTION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 341, Hawaii Revised Statutes, is amended to read as follows:

"[[]CHAPTER 341[]]

ENVIRONMENTAL QUALITY CONTROL

     [[]§341-1[]]  Findings and purpose.  The legislature finds that the quality of the environment is as important to the welfare of the people of Hawaii as is the economy of the State.  The legislature further finds that the determination of an optimum balance between economic development and environmental quality deserves the most thoughtful consideration, and that the maintenance of the optimum quality of the environment deserves the most intensive care.

     The purpose of this chapter is to stimulate, expand, and coordinate efforts to determine and maintain the optimum quality of the environment of the State.

     §341-2  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Center" means the University of Hawaii environmental center established in section [[]304A-1551[]].

     "Council" means the environmental council established in section 341-3(c).

     "Director" means the director of the office of environmental quality control.

     "Office" means the office of environmental quality control established in section 341-3(a).

     "University" means the University of Hawaii.

     §341-3  Office of environmental quality control; environmental center; environmental council.  (a)  There is created an office of environmental quality control that shall be headed by a single executive to be known as the director of the office of environmental quality control who shall be appointed by the governor as provided in section 26-34.  This office shall implement this chapter and shall be placed within the department of health for administrative purposes.  The office shall perform [its] the duties prescribed to it under chapter 343 [and shall serve the governor in an advisory capacity on all matters relating to environmental quality control].

     (b)  The environmental center within the University of Hawaii shall be as established under section [[]304A-1551[]].

     (c)  There is created an environmental council not to exceed [fifteen] nine members.  [Except for the director, members] The council shall include at least one member from each county and no more than five at-large members.  The director shall not serve as a member of the council.  Members of the environmental council shall be appointed by the governor as provided in section 26-34[.]; provided that three members shall be appointed from a list of persons nominated by the speaker of the house of representatives and three members shall be appointed from a list of persons nominated by the senate president.  The council shall be attached to the [department of health] office for administrative purposes.  [Except for the director, the] The term of each member shall be four years; provided that, of the members initially appointed, [five] three members shall serve for four years, [five] three members shall serve for three years, and the remaining [four] three members shall serve for two years.  Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments.  [The director shall be an ex officio voting member of the council.] The council chairperson shall be elected by the council from among the [appointed] members of the council.

     Members shall be appointed to [assure] ensure a broad and balanced representation of educational, business, and environmentally pertinent disciplines and professions[, such as the natural and social sciences, the humanities, architecture, engineering, environmental consulting, public health, and planning; educational and research institutions with environmental competence; agriculture, real estate, visitor industry, construction, media, and voluntary community and environmental groups].  The members of the council shall serve without compensation but shall be reimbursed for expenses, including travel expenses, incurred in the discharge of their duties.

     §341-4  Powers and duties of the director.  (a)  The director shall have [such] powers delegated by the governor as [are] necessary to coordinate and, when requested by the governor, to direct, pursuant to chapter 91, all state governmental agencies in matters concerning environmental quality.

     (b)  To further the objective of subsection (a), the director shall:

     (1)  [Direct] Through the council, direct the attention of [the university community] state agencies and the residents of the State [in general] to [ecological and] environmental problems [through], in cooperation with the center [and the council, respectively, and through public education programs];

     (2)  Conduct research or arrange for [the conduct of] research through contractual relations with the center, state agencies, or other persons with competence in [the field of ecology and] environmental quality;

     (3)  [Encourage] Through the council, encourage public acceptance of proposed legislative and administrative actions concerning [ecology and] environmental quality, and receive notice of any private or public complaints concerning [ecology and] environmental quality [through the council];

     (4)  Recommend to the council programs for long-range implementation of environmental quality control;

     (5)  Submit [direct] to the council for its review and recommendation to the governor [and to the legislature such] legislative bills and administrative policies, objectives, and actions, as are necessary to preserve and enhance the environmental quality of the State;

     (6)  Conduct regular outreach and training for state and county agencies on the environmental review process and conduct other public educational programs; [and]

     (7)  Offer advice and assistance to private industry, governmental agencies, non-governmental organizations, state residents, or other persons upon request[.];

     (8)  Obtain advice from the council on any matters concerning environmental quality;

     (9)  Perform budgeting and hiring in a manner that ensures adequate funding and staff support for the council to carry out its duties under this chapter and chapter 343; and

    (10)  With the cooperation of the council, private industry, governmental agencies, non-governmental organizations, state residents, and other persons interested in fulfilling the requirements of this subsection, conduct annual statewide workshops and publish an annual state environmental review guidebook or supplement to assist persons in complying with this chapter, chapter 343, and rules adopted thereunder; provided that workshops, guidebooks, and supplements shall include:

          (A)  Assistance in the preparation, processing, and review of environmental review documents;

          (B)  Review of relevant court decisions affecting this chapter, chapter 343, and rules adopted thereunder;

          (C)  Review of amendments to this chapter, chapter 343, other relevant laws, and rules adopted thereunder; and

          (D)  Any other information that may facilitate the efficient implementation of this chapter, chapter 343, and rules adopted thereunder.

     (c)  [The director shall adopt rules pursuant to chapter 91 necessary for the purposes of implementing this chapter.] To facilitate governmental agency and public participation in the review process, the office shall create and maintain an electronic communication system, such as a website, to ensure best practices of environmental review, as determined by the director. 

     §341-A  Annual report.  No later than January 31 of each year, at the direction of the council, the director shall submit a report to the governor and the legislature that analyzes the effectiveness of the State's environmental review system during the prior year.  The report shall include an assessment of a sample of environmental assessments and environmental impact statements for completed projects.

     At the request of the director or the council, state and county agencies shall provide information to assist in the preparation of the annual report.

     §341-6  [Functions] Duties of the environmental council.  (a)  The council shall [serve]:

     (1)  Serve the governor in an advisory capacity on all matters relating to environmental quality;

     (2)  Serve as a liaison between the [director] governor and the general public by soliciting information, opinions, complaints, recommendations, and advice concerning [ecology and] environmental quality through public hearings or any other means and by publicizing [such] these matters as requested by the [director pursuant to section 341-4(b)(3).] governor; and

     (3)  Meet at the call of the council chairperson or by a quorum of council members.

     [The council may make recommendations concerning ecology and environmental quality to the director and shall meet at the call of the council chairperson or the director upon notifying the council chairperson.]

     (b)  The council shall monitor the progress of state, county, and federal agencies in achieving the State's environmental goals and policies [and].  No later than January 31 of each year, the council, with the assistance of the director, shall make an annual report with recommendations for improvement to the governor, the legislature, and the public [no later than January 31 of each year.  All].  At the request of the council, state and county agencies shall [cooperate with the council and] provide information to assist in the preparation of [such a] the report [by responding to requests for information made by the council].  The council may combine its annual report with the annual report prepared by the director pursuant to section 341-A.

     (c)  The council may delegate to any person [such] the power or authority vested in the council as it deems reasonable and proper for the effective administration of this section and chapter 343, except the power to make, amend, or repeal rules.

     (d)  The council shall adopt rules, pursuant to chapter 91, necessary for the purposes of implementing this chapter and chapter 343.

     §341-B  Environmental review special fund; use of funds.  (a)  There is established in the state treasury the environmental review special fund, into which shall be deposited:

     (1)  All filing fees and other administrative fees collected by the office;

     (2)  All accrued interest from the special fund; and

     (3)  Moneys appropriated to the special fund by the legislature.

     (b)  Moneys in the environmental review special fund shall be supplemental to, and shall not supplant, the office budget base and be used to:

     (1)  Fund the activities of the office and the council in fulfillment of their duties pursuant to this chapter and chapter 343, including administrative and office expenses; and

     (2)  Support outreach, training, education, and research programs pursuant to section 341-4.

     §341-C  Fees.  With the concurrence of the council, the director shall adopt rules, pursuant to chapter 91, that establish reasonable fees for filing, publication, and other administrative services of the office or council pursuant to this chapter and chapter 343."

     SECTION 2.  Notwithstanding the original terms of appointment of the members of the environmental council, the terms of all members of the environmental council serving as of the effective date of this Act shall be extended through June 30, 2012.  The members shall continue in their appointment until the nine members of the environmental council are appointed or re-appointed, in accordance with section 341-3, Hawaii Revised Statutes, as amended by this Act.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective dates, and does not affect the rights and duties related to any environmental assessment or environmental impact statement for which a draft has been prepared and public notice thereof published by the office of environmental quality control before the effective date of this Act.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on December 21, 2058.

Report Title:

Environmental Protection

 

Description:

Reduces the membership of the environmental council from 15 to 9 and establishes the environmental review special fund. (SB2818 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.