SB755 HD3.DOC

PART I

SECTION 1. The purpose of this Act is to promote economic development by temporarily removing regulatory restrictions to the expeditious construction of certain state and county projects.

The legislature finds that the economic recovery has not been robust. One strategy to promote economic revitalization is by way of capital expenditures on public infrastructure projects. This strategy will generate jobs and infuse dollars into the local economy. Additionally, the public infrastructure constructed will benefit the general public.

Part II temporarily exempts airport structures and improvements from the special management area permit and shoreline setback variance requirements when the structures and improvements are necessary to comply with Federal Aviation Administration regulations.

Part III temporarily authorizes the heads of the department of land and natural resources and department of transportation, with the approval of the governor, to exempt department projects from the special management area permit and shoreline setback variance requirements. This part is repealed on June 30, 2015.

Part IV exempts all work involving submerged lands used for state commercial harbor purposes from any permit and site plan review requirements for lands in the conservation district. This part does not sunset.

Part V temporarily authorizes a more streamlined process for exempting state projects from the environmental review process of chapter 343, Hawaii Revised Statutes. This part is repealed on June 30, 2015.

PART II

SECTION 2. The purpose of this part is to temporarily exempt airport structures and improvements from the special management area permit and shoreline setback variance requirements when the structures and improvements are necessary to comply with Federal Aviation Administration regulations.

SECTION 3. Section 261-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Structures and improvements. [~~All~~] Notwithstanding any law or provision to the contrary, all structures and improvements to land, to be used for airport purposes[~~, may~~]:

(1) May be planned, designed, and constructed by the department[.]; and

(2) Shall be exempt from requirements to obtain a special management area minor permit, special management area use permit, or shoreline setback variance; provided that the structures and improvements relating to airports are necessary to comply with Federal Aviation Administration regulations."

PART III

SECTION 4. The purpose of this part is to temporarily authorize the heads of the department of land and natural resources and department of transportation, with the governor's approval, to exempt their department projects from the special management area permit and shoreline setback variance requirements.

SECTION 5. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§171- Exemption from special management area permit and shoreline setback variance requirements; authorized. (a) For the purpose of this section, "state project" means a development as defined in section 205A-22 for which:

(1) The contracting agency is the department of land and natural resources; and

(2) The funding includes state or federal funds.

(b) The board, with the approval of the governor, may exempt any state project from the requirements of part II and part III of chapter 205A; provided that any project exempted under this section shall be subject to:

(1) The requirements of chapter 343, unless exempt from the need for an environmental assessment under that chapter; and

(2) Consultation with the office of conservation and coastal lands and office of planning.

SECTION 6. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§264- Exemption from special management area permit and shoreline setback variance requirements; authorized. (a) For the purpose of this section, "state project" means a development as defined in section 205A-22 for which:

(1) The contracting agency is the department of transportation; and

(2) The funding includes state or federal funds.

(b) The director of transportation, with the approval of the governor, may exempt any state project from the requirements of part II and part III of chapter 205A; provided that any project exempted under this section shall be subject to:

(1) The requirements of chapter 343, unless exempt from the need for an environmental assessment under that chapter; and

(2) Consultation with the office of conservation and coastal lands and office of planning."

PART IV

SECTION 7. The purpose of this part is to exempt all work involving submerged lands used for state commercial harbor purposes from any permit and site plan review requirements for lands in the conservation district.

SECTION 8. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§266- Exemption from conservation district permitting and site plan approval requirements. Notwithstanding any law to the contrary, all work involving submerged lands used for state commercial harbor purposes shall be exempt from any permitting and site plan approval requirements established under chapter 183C for lands in a conservation district."

PART V

SECTION 9. The purpose of this part is to temporarily authorize a more streamlined process for exempting state projects from the environmental review process of chapter 343, Hawaii Revised Statutes. The legislature emphasizes that this part does not statutorily expand the types of state projects that are exempt under the existing provisions of chapter 343 or pertinent implementing rules.

SECTION 10. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§343- Exemption list for state; authorization for establishment by governor. Until June 30, 2015, the governor may establish a list of specific types of state projects that are actions exempt from the need for preparation of an environmental assessment because they will probably have minimal or no significant effects on the environment. When establishing the list of exempted projects, the governor may consult with public officers and employees deemed appropriate by the governor. The governor may include in the list types of state projects already exempt by state agencies and other types of state projects deemed by the governor to qualify for exemption under this section.

The governor may establish the list without necessity of:

(1) Approval by the environmental council;

(2) Compliance with procedures established by the environmental council pursuant to section 343-6(a)(2) or rules of the office of environmental quality control; or

(3) Adoption of rules under chapter 91.

The office, upon request of the governor, shall provide public notice of the list of exemptions and any amendments through the periodic bulletin prescribed in section 343-3.

A list established by the governor and any amendment to it shall take effect on the date specified by the governor, but not earlier that the issuance date of the bulletin by which the office informs the public of the list and amendment."

SECTION 11. Section 343-2, Hawaii Revised Statutes, is amended by adding two new definitions of "construction" and "state project" to be appropriately inserted and to read as follows:

""Construction" includes grading, grubbing, stockpiling, excavation, foundation laying, pile driving, demolition, building, reconstruction, rehabilitation, renovation, repairing, maintaining, paving, landscaping, and any other improvement of real property.

"State project" means a construction project for which:

(1) The contracting agency is a state agency; and

(2) The funding includes state or federal funds."

SECTION 12. A list of exempted state projects established by the governor pursuant to this part shall be repealed on June 30, 2015; provided that the governor may extend the exemption for any projects identified on the list for which construction has commenced but not concluded by June 30, 2015, after the repeal of this part.

PART VI

SECTION 13. The legislature intends that the exemptions authorized under this Act be additional to the current exemptions under chapters 205A and 343, Hawaii Revised Statutes, or pertinent rule.

SECTION 14. It is the intent of this Act not to jeopardize the receipt of any federal aid. If any provision of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, those provisions shall be void.

SECTION 15. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 16. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 17. The repeal of part II, III, or V of this Act shall not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before the repeal date, including:

(1) The validity of any state project exempted under part II from the special management area permit and shoreline setback variance requirements before the repeal date of that part; and

(2) The validity of any state project exempted under part III from the environmental assessment requirement before the repeal date of that part.

SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 19. This Act shall take effect on July 1, 2012; provided that:

(1) Parts II, III, and V shall be repealed on June 30, 2015; and

(2) On July 1, 2015, the following sections 261-4 and 343-2, Hawaii Revised Statutes, shall be reenacted in the form in which they existed on the day before the effective date of this Act.

THE SENATE	S.B. NO.	755
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 3