STAND. COM. REP. NO. 23-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2052

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 2052 entitled:

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

begs leave to report as follows:

The purpose of this bill is to strengthen the State's environmental review procedures by:

(1) Clarifying the provisions relating to the most appropriate agency to receive, process, and accept or reject an environmental impact statement (EIS); and

(2) Requiring that an environmental assessment be prepared for actions proposing a wastewater facility, waste-to-energy facility, landfill, oil refinery, or power-generating facility.

Your Committee finds that this bill addresses a court decision that has cast doubt on which governmental entity can act as the accepting authority for an EIS at the county level. To address this concern, this bill specifies that:

(1) The final decision-making body or approving agency is not required to be the accepting authority; and

(2) The county planning department shall be a permissible accepting authority for the final EIS.

This bill also closes a loophole in the environmental review process that currently fails to require an environmental review for privately financed wastewater facilities, waste-to-energy facilities, landfills, oil refineries, or power-generating facilities on private lands.

The Kaanapali Development Corporation and Maui Lani Partners testified in support of this measure. The Office of Environmental Quality Control (OEQC) and the Sierra Club, Hawaii Chapter, also supported this bill with concerns. The Land Use Research Foundation of Hawaii offered comments.

Your Committee has amended this bill by:

(1) Exempting new power-generating facilities of less than 5.0 megawatts from the requirement of preparing environmental assessments;

(2) Not mandating the preparation of joint EISs between federal and state agencies. According to OEQC, some of the rules of federal agencies conflict with state law; and

(3) Making technical, nonsubstantive amendments to correct technical drafting errors.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2052, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2052, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.

 

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

 

____________________________

HERMINA M. MORITA, Chair