REPORT TITLE:
Env. Impact Statements


DESCRIPTION:
Requires the preparation of an environmental assessment for
actions which propose any use of land when the use is subject to
discretionary approval by a state or county agency except those
land uses that have minimal or no significant effect.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
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 affirms that it is in the public
 
 2 interest that actions which may have a significant impact on the
 
 3 environment be subjected to a formal system of review to ensure
 
 4 that the environmental concerns of the proposed actions are given
 
 5 equal weight to economic and technical considerations.  The
 
 6 legislature finds that under existing law, certain proposed
 
 7 actions which may have significant environmental effects are not
 
 8 subject to the provisions for environmental review, and that such
 
 9 review would provide substantive benefits to the public through
 
10 judicious evaluations of social and environmental effects, to the
 
11 private applicant through the identification of appropriate
 
12 mitigation strategies to minimize adverse environmental effects,
 
13 and to government through the identification of appropriate
 
14 planning principles and regulatory actions.
 
15      The purpose of this Act is to extend the environmental
 
16 review provisions of chapter 343, Hawaii Revised Statutes, to
 
17 encompass the proposed use of land subject to discretionary
 
18 approval by a state or county agency except for those land uses
 
19 that have minimal or no significant effects.
 

 
Page 2                                                     516
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Sections 343-5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Except as otherwise provided, an environmental
 
 4 assessment shall be required for actions which:
 
 5      (1)  Propose the use of state or county lands or the use of
 
 6           state or county funds, other than funds to be used for
 
 7           feasibility or planning studies for possible future
 
 8           programs or projects which the agency has not approved,
 
 9           adopted, or funded, or funds to be used for the
 
10           acquisition of unimproved real property; provided that
 
11           the agency shall consider environmental factors and
 
12           available alternatives in its feasibility or planning
 
13           studies;
 
14      (2)  Propose any use within any land classified as
 
15           conservation district by the state land use commission
 
16           under chapter 205;
 
17      (3)  Propose any use within the shoreline area as defined in
 
18           section 205A-41;
 
19      (4)  Propose any use within any historic site as designated
 
20           in the National Register or Hawaii Register as provided
 
21           for in the Historic Preservation Act of 1966, Public
 
22           Law 89-665, or chapter 6E;
 
23      (5)  Propose any use within the Waikiki area of Oahu, the
 

 
Page 3                                                     516
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           boundaries of which are delineated in the land use
 
 2           ordinance as amended, establishing the "Waikiki Special
 
 3           District";
 
 4      (6)  Propose any amendments to existing county general plans
 
 5           where such amendment would result in designations other
 
 6           than agriculture, conservation, or preservation, except
 
 7           actions proposing any new county general plan or
 
 8           amendments to any existing county general plan
 
 9           initiated by a county;
 
10      (7)  Propose any reclassification of any land classified as
 
11           conservation district by the state land use commission
 
12           under chapter 205; [and
 
13  [](8)[]] Propose the construction of new, or the expansion or
 
14           modification of existing helicopter facilities within
 
15           the State which by way of their activities may affect
 
16           any land classified as conservation district by the
 
17           state land use commission under chapter 205; the
 
18           shoreline area as defined in section 205A-41; or, any
 
19           historic site as designated in the National Register or
 
20           Hawaii Register as provided for in the Historic
 
21           Preservation Act of 1966, Public Law 89-665, or chapter
 
22           6E; or, until the statewide historic places inventory
 
23           is completed, any historic site found by a field
 

 
Page 4                                                     516
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           reconnaissance of the area affected by the helicopter
 
 2           facility and which is under consideration for placement
 
 3           on the National Register or the Hawaii Register of
 
 4           Historic Places[.]; and
 
 5      (9)  Propose any use of land when the use is subject to
 
 6           discretionary approval by a state or county agency,
 
 7           except those land uses that have minimal or no
 
 8           significant effects as provided in section 343-
 
 9           6(a)(7)."
 
10      SECTION 3.  There is appropriated out of the general
 
11 revenues of the State of Hawaii the sum of $40,000, or so much
 
12 thereof as may be necessary for fiscal year 1999-2000, to carry
 
13 out the purposes of this Act, including the hiring of necessary
 
14 staff.  The sum appropriated shall be expended by the department
 
15 of health.
 
16      SECTION 4.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 5.  This Act shall take effect on July 1, 1999.