HOUSE OF REPRESENTATIVES	H.B. NO.	2320
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to environmental impact statements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the current rules regarding environmental impact statements are insufficient to ensure that communities have an equitable opportunity to submit testimony that reflects their thoughts and concerns at the location where the proposed action actually occurs. Notwithstanding the COVID-19 pandemic or any other public health-related issues, the legislature further finds that it is in the best interest of the State to ensure that public participation in the hearings for environmental impact statements are held in the place where the project is being considered. By doing so, the State can be assured that community input and comments from those most directly affected by the proposed action can be received.

The legislature additionally finds that a single public hearing is not enough because there is concern from the public that although an agency is legally required to respond directly to public testimony in the environmental impact statement document, no avenue exists for members of the community to rebut, clarify, or otherwise challenge the responses made by the agency in the document, thus diluting meaningful participation by the public in developing an environmental impact statement.

Therefore, the purpose of this Act is to require the office of planning and sustainable development to adopt rules that require:

(1) At least three public hearings for each draft environmental impact statement; and

(2) The location of each public hearing to be held within a reasonable distance of the proposed action that triggers the requirement for the environmental impact statement, as applicable.

SECTION 2. Section 343-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) After consultation with the affected agencies and the environmental advisory council, the office of planning and sustainable development shall adopt, amend, or repeal necessary rules for the purposes of this chapter in accordance with chapter 91, including but not limited to rules that shall:

(1) Prescribe the procedures whereby a group of proposed actions may be treated by a single environmental assessment or statement;

(2) Establish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an environmental assessment;

(3) Prescribe procedures for the preparation of an environmental assessment;

(4) Prescribe the contents of an environmental assessment;

(5) Prescribe procedures for informing the public of determinations that a statement is either required or not required, for informing the public of the availability of draft environmental impact statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final environmental statement; provided that:

(A) At least three public hearings shall be held to allow the public to review and comment on each draft environmental impact statement; and

(B) Each of the public hearings described in subparagraph (A) shall be held within a reasonable distance of the proposed action that triggers the requirement for the environmental impact statement, as applicable;

(6) Prescribe the contents of an environmental impact statement;

(7) Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of an environmental impact statement; and

(8) Establish criteria to determine whether an environmental impact statement is acceptable or not."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Environmental Impact Statements; Public Hearings; Rules; Office of Planning and Sustainable Development

Description:

Requires the office of planning and sustainable development to adopt rules that require (1) at least three public hearings for each draft environmental impact statement; and (2) the location of each public hearing to be held within a reasonable distance of the proposed action that triggers the requirement for the environmental impact statement, as applicable.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.