STAND. COM. REP. NO.  512

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 402

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committees on Hawaiian Affairs and Culture & the Arts, to which was referred H.B. No. 402 entitled:

 

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

 

beg leave to report as follows:

 

     The purpose of this bill is to protect native Hawaiian culture by, among other things:

 

     (1)  Requiring that all draft and final environmental assessments and environmental impact statements include a cultural impact assessment that assesses the impact and effect on native Hawaiian culture;

 

     (2)  Establishing what should be contained in the cultural impact assessment;

 

     (3)  Requiring public notification of and consultation in the preparation of the cultural impact assessment;

 

     (4)  Requiring, as a condition precedent to the acceptance of an environmental assessment or statement, approval of a cultural impact assessment by the Office of Hawaiian Affairs (OHA); and

 

     (5)  Providing a definition of "cultural impact assessment."

 

     OHA, Aha Kiole Advisory Committee, Association of Hawaiian Civic Clubs, Papa Ola Lokahi, Hanalei Watershed Hui, KAHEA: The Hawaiian-Environmental Alliance, and a concerned individual supported this bill.  The Office of Environmental Quality Control supported the intent of this measure.  The Chamber of Commerce of Hawaii, NAIOP-Hawaii Chapter, and Building Industry Association-Hawaii opposed this bill.  The Department of Land and Natural Resources offered comments.

 

     Your Committee has amended this bill by:

 

     (1)  Changing the effective date to January 1, 2012;

 

     (2)  Conditioning the repeal of the bill upon the adoption of rules, pursuant to chapter 91, Hawaii Revised Statutes, by the Environmental Council that prescribe the contents and procedures for a cultural impact assessment; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Culture & the Arts that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 402, as amended herein, and recommend that it be referred to the Committee on Finance, in the form attached hereto as H.B. No. 402, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Culture & the Arts,

 

 

____________________________

JESSICA WOOLEY, Chair

 

____________________________

FAYE HANOHANO, Chair