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THE SENATE |
S.B. NO. |
2957 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ENVIRONMENT.
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‑ Exemption; protection of native species, habitat, and ecosystems. (a) Notwithstanding section 343-5(a), an environmental assessment shall not be required for any action approved by the department of land and natural resources that protects, preserves, or enhances native species, native habitat, or native ecosystem function, including but not limited to:
(1) Invasive species control using approved methods in accordance with state and federal law;
(2) The installation of barriers to control non-native animals; and
(3) The installation of dip tanks for fire control or other related helicopter landing zones and field camps.
The determination to exempt any action under this section shall be made by the department of land and natural resources, through the relevant division, on a case-by-case basis considering any potential impacts on land and aquatic resources, cultural effects, and human health and safety.
(b) Each party or agency proposing to qualify for an exemption provided for in this section shall submit a request to the department of land and natural resources, detailing the proposed action and describing any potential impacts. The department of land and natural resources shall publish the request in the bulletin, pursuant to section 343-3; provided that the request shall be published in the next available bulletin and shall be available for inspection by the public and for review and comments for a minimum of thirty days. Any comments submitted pursuant to this subsection shall be submitted to the department of land and natural resources.
(c) Not less than thirty days and not more than sixty days after publication of the request pursuant to subsection (b), the department of land and natural resources, after consideration of all submitted comments, shall determine whether the proposed action qualifies for the exemption provided under this section. The department of land and natural resources shall provide specific findings and reasons in writing for the determination. The findings and reasons for any exemption approved under this section shall be available for inspection by the public upon request."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Environmental Assessments; Exemptions
Description:
Provides an exemption from environmental assessment requirements for actions that protect, preserve, or enhance native species, native habitat, or native ecosystem functions. Requires the department of land and natural resources to make a determination of whether the exemption should be applicable after a public notice is published for at least thirty days. Effective 7/1/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.