STAND. COM. REP. NO. 767

Honolulu, Hawaii

RE:    S.B. No. 723

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 723 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to extend the sunset date of Act 87, Session Laws of Hawaii 2009, from July 1, 2011, to July 1, 2015, thereby extending the exemption from the environmental impact statements law under chapter 343, Hawaii Revised Statutes, for certain primary actions that require permits or approvals not subject to discretionary consent and involving ancillary secondary actions limited to certain infrastructure work in public rights-of-way or highways.

     Your Committee received testimony in support of this measure from The Chamber of Commerce of Hawaii, Land Use Research Foundation of Hawaii, Hawai‘i Association of REALTORS, Hawaii Farm Bureau Federation, and Hawaii Electric Company, Inc.  Your Committee received testimony in opposition to this measure from one private individual.

     According to testimony received by your Committee, prior to the passage of Act 87, Session Laws of Hawaii 2009, the Office of Environmental Quality Control had been reviewing hundreds of minor work projects touching public roadways or public rights-of-ways to determine whether environmental assessments were necessary.  The extension of Act 87 is necessary to continue to clarify that chapter 343, Hawaii Revised Statutes, should not be applied to certain actions, including minor work touching public roadways.  Your Committee finds that this exemption will reduce the preparation of unnecessary environmental assessments, saving valuable time and money, without compromising adequate protection for Hawaii's environment.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 723, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 723, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair