STAND. COM. REP. NO. 356

Honolulu, Hawaii

, 2021

RE: H.B. No. 1318

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 1318 entitled:

"A BILL FOR AN ACT RELATING TO SUSTAINABILITY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Restructure the Statewide Sustainability Branch as the Sustainability and Environmental Review Division;

(2) Transfer the Environmental Council from the Department of Health to be established in the Office of Planning as the Environmental Advisory Council;

(3) Amend the ability for an applicant to appeal nonacceptance of an environmental impact statement from the Environmental Council to the Environmental Advisory Council; and

(4) Transfer the rights, powers, employees, appropriations, and other personal property from the Office of Environmental Quality Control to the Sustainability and Environmental Review Division.

Your Committee received testimony in support of this measure from the Office of Environmental Quality Control and two individuals. Your Committee received comments on this measure from the Land Use Commission, Office of Planning, and one individual.

Your Committee finds that achieving an abundant and sustainable future for Hawaii will require re-envisioning the State's institutional framework to better integrate sustainability principles into the organizational structure of state government, especially in planning, land use, environmental, and economic development programs. This measure will enhance state government agencies' ability to implement climate change adaptation measures to increase clean energy production and address sea level rise.

Your Committee has amended this measure by:

(1) Inserting findings relating to the importance of improved collaboration of state agencies for achieving the State's sustainability goals;

(2) Establishing the Environmental Advisory Council, including its functions, under chapter 341, Hawaii Revised Statutes, rather than chapter 225M, Hawaii Revised Statutes;

(3) Inserting language that codifies the role and responsibilities of the Office of Planning relating to environmental reviews and environmental quality control;

(4) Amending the composition of the Greenhouse Gas Sequestration Task Force by substituting the State Sustainability Coordinator for the Director of the Office of Planning;

(5) Deleting provisions that would have added the Director of the Sustainability and Environmental Review Division to the Statewide Transportation Council;

(6) Repealing provisions relating to the Office of Environmental Quality Control and Environmental Center;

(7) Specifying that the rights, powers, employees, functions, duties, appropriations, and other personal property of the Office of Environmental Quality Control shall be transferred to the Office of Planning, instead of the Sustainability and Environmental Review Division;

(8) Changing the effective date to July 1, 2050, to encourage further discussion; and

(9) 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 H.B. No. 1318, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1318, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

NICOLE E. LOWEN, Chair