STAND. COM. REP. NO.  1285-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2873

      S.D. 1

      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 Energy & Environmental Protection, to which was referred S.B. No. 2873, S.D. 1, 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 clarify and make permanent current exemptions from Hawaii's environmental impact statement law for secondary actions.  Specifically, this measure:

     (1)  Authorizes agencies to exempt from the environmental impact statement law, certain ancillary or incidental secondary actions to improve or develop infrastructure within existing public rights-of-way or highways; and

     (2)  Requires applicants proposing certain actions identified in the environmental impact statement law to prepare environmental assessments.

The Office of Environmental Quality Control, the Chamber of Commerce of Hawaii, and RMA Sales supported this measure.  The Department of Transportation; the Department of Business, Economic Development, and Tourism; the Building Industry Association of Hawaii; The Outdoor Circle; the Land Use Research Foundation of Hawaii; the Sierra Club, Hawaii Chapter; the General Contractors Association of Hawaii; and an individual opposed this measure.

     Your Committee has amended this measure by:

     (1)  Requiring the Office of Environmental Quality Control to determine whether an applicant must prepare an environmental assessment whenever there is an issue of which of two or more state or county agencies has jurisdiction to determine whether an environmental assessment is required; and

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

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2873, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as S.B. No. 2873, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

DENNY COFFMAN, Chair