REPORT TITLE: 
Environmental Impact


DESCRIPTION:
Amends the environmental impact statement law by: amending the
definition of "environmental impact statement" or "statement" to
include effects on the cultural practices of the community and
State; and amending the definition of "significant effect" to
include adverse effects on cultural practices.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2895
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.



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

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 clarify that the preparation of environmental assessments or
 
 3 environmental impact statements should identify and address
 
 4 effects on Hawaii's culture, and traditional and customary
 
 5 rights.
 
 6      The legislature finds that native Hawaiian culture plays a
 
 7 vital role in preserving and advancing the unique quality of life
 
 8 and "aloha spirit" in Hawaii.  Articles IX and XII of the state
 
 9 constitution, other state laws, and the courts of the State
 
10 impose on government agencies a duty to promote and protect
 
11 cultural beliefs, practices, and resources of native Hawaiians as
 
12 well as other ethnic groups.
 
13      Moreover, the past failure to require native Hawaiian
 
14 cultural impact assessments has resulted in the loss and
 
15 destruction of many important cultural resources and has
 
16 interfered with the exercise of native Hawaiian culture.  The
 
17 legislature finds that due consideration of the effects of human
 
18 activities on native Hawaiian culture and the exercise thereof is
 
19 necessary to ensure the continued existence, development, and
 
20 exercise of native Hawaiian culture.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      The purpose of this Act is therefore to require that
 
 2 environmental impact statements include the disclosure of the
 
 3 effects of a proposed action on the cultural practices of the
 
 4 community and State.  This Act also amends the definition of
 
 5 "significant effect" to include adverse effects on cultural
 
 6 practices.
 
 7      SECTION 2.  Section 343-2, Hawaii Revised Statutes, is
 
 8 amended:
 
 9      1.  By amending the definition of "environmental impact
 
10 statement" or "statement" to read:
 
11      ""Environmental impact statement" or "statement" means an
 
12 informational document prepared in compliance with the rules
 
13 adopted under section 343-6 and which discloses the environmental
 
14 effects of a proposed action, effects of a proposed action on the
 
15 economic [and] welfare, social welfare, and cultural practices of
 
16 the community and [State,] state, effects of the economic
 
17 activities arising out of the proposed action, measures proposed
 
18 to minimize adverse effects, and alternatives to the action and
 
19 their environmental effects.
 
20      The initial statement filed for public review shall be
 
21 referred to as the draft statement and shall be distinguished
 
22 from the final statement which is the document that has
 
23 incorporated the public's comments and the responses to those
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 comments.  The final statement is the document that shall be
 
 2 evaluated for acceptability by the respective accepting
 
 3 authority."
 
 4      2.  By amending the definition of "significant effect" to
 
 5 read:
 
 6      ""Significant effect" means the sum of effects on the
 
 7 quality of the environment, including actions that irrevocably
 
 8 commit a natural resource, curtail the range of beneficial uses
 
 9 of the environment, are contrary to the State's environmental
 
10 policies or long-term environmental goals as established by law,
 
11 or adversely affect the economic [or] welfare, social welfare[.],
 
12 or cultural practices of the community or state."
 
13      SECTION 3.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 4.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:  _______________________