STAND. COM. REP. NO. 153

Honolulu, Hawaii

RE:    S.B. No. 729

       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 Energy and Environment, to which was referred S.B. No. 729 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to implement some of the suggestions embodied in the University of Hawaii's October 2010 final report to the Legislature on Hawaii's environmental review system, which include providing clearer guidance regarding the duties of the Environmental Council and the Director of Environmental Quality Control, requiring an annual report from the director, and reducing the size of the Council.

     Your Committee received testimony in support of this measure from Loretta J. Fuddy, Department of Health; Sierra Club, Hawai‘i Chapter; Bob Loy, Outdoor Circle; and Denise Antolini.  Your Committee received comments on this measure from Mary Steiner, Chair of the Environmental Council.

     Your Committee finds that over the past four months the Environmental Council has made great progress and that although clarifying the duties of both the Council and the Director remain important matters, some of the other provisions in the measure are no longer necessary.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting the language that limited the number of members of the Environmental Council to nine and instead providing for a fifteen-member Council comprised of fourteen members and the Director;

     (2)  Deleting the language requiring certain geographical representation among Council members;

     (3)  Deleting the language that amended the length of the terms of the initially appointed members of the Council; and

     (4)  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 Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 729, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 729, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Energy and Environment,

____________________________

MIKE GABBARD, Chair