STAND. COM. REP. NO.  917-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2611

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2611, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to temporarily amend Chapter 343, Hawaii Revised Statutes, by:

     (1)  Clarifying current exemptions for secondary actions limited to development within an existing public right-of-way or highway; and

     (2)  Requiring applicants to prepare environmental assessments when necessary.

The Office of Environmental Quality Control; NAIOP, the Commercial Real Estate Development Association; and Building Industry Association of Hawaii testified in support of this measure.  The Land Use Research Foundation of Hawaii and one concerned individual testified in opposition to this measure.

     Your Committee has amended this measure by:

     (1)  Deleting the requirement under the exemption to find environmental impacts of the secondary actions are not significant; 

     (2)  Changing the effective date to January 7, 2059, and the repeal date to July 1, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2611, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2611, H.D. 2.

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

____________________________

GILBERT KEITH-AGARAN, Chair