STAND. COM. REP. NO. 3249

Honolulu, Hawaii

RE: S.B. No. 3152

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3152, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require cultural assessments to be available for public review and comment in connection with draft environmental assessments;

(2) Require a cultural impact assessment if an agency determines a proposed action may have a significant effect on the environment; and

(3) Define the terms "cultural assessment" and "cultural impact assessment" to provide greater clarity for the requirements of environmental impact statements.

Your Committee received testimony in support of this measure from three individuals. Your Committee received testimony in opposition to this measure from the Department of Transportation and Office of Planning.

Your Committee finds that native Hawaiian culture plays a vital role in preserving and advancing the unique quality of life in Hawaii. Your Committee further finds that although Act 50, Session Laws of Hawaii 2000, required environmental assessments and environmental impact statements to disclose the effects of proposed actions on the cultural practices of the community and State, it did not provide a statutory definition for the cultural assessments nor cultural impact assessments that resulted from this requirement.

Your Committee recognizes that this lack of clarity has led to adverse impacts on native Hawaiian resources, practices, and traditions. This measure seeks to increase public notice and participation on the proposed actions of the State and counties, and ensure the continued existence, development, and exercise of native Hawaiian culture by requiring due consideration of the effects of human activities on the perpetuation of the culture.

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 S.B. No. 3152, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair