HOUSE OF REPRESENTATIVES

H.B. NO.

1941

TWENTY-SEVENTH LEGISLATURE, 2014

 

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 temperature of Earth's surface has increased over the past century, and 2009 tied with several other recent years as the second warmest year on record.  In Hawaii, warming has contributed to increased air temperature, decreased rainfall and streamflow, increased rainfall intensity, acidification of the oceans, increased ocean temperature, and sea level rise.  Scientists predict that, as the climate continues to change, Hawaii will experience more of the consequences of altered weather patterns and higher sea levels.  This will impact Hawaii's land ecosystems, marine ecology, and coastal communities.

     The legislature also finds that the sea level has risen in Hawaii at a rate of approximately .06 inches per decade over the past century.  Worldwide, the rate of sea level rise has doubled since 1990.  Long term sea level rise has contributed to, and will continue to contribute to, ongoing coastal erosion, coastal flooding, and drainage problems.  The legislature further finds that waves, currents, and human activities are the principal cause of erosion, but sea level rise accelerates and expands erosion, impacting beaches that were once stable and affecting developed communities that rely on their beaches as a protective buffer from the sea.

     The legislature acknowledges research that finds that Hawaii may experience a sea level rise of approximately one foot above the current level by 2050 and approximately three feet by the end of this century.  The legislature believes that it is critical for the State and counties to recognize this growing threat to the State's communities and begin to incorporate an imminent rise in sea level into plans for future development.  Thirteen other states, including California and Washington, have passed legislation to require planners to take sea level rise into account when planning for future development.  In addition, the Center for Island Climate Adaption and Policy (Center) at the University of Hawaii has strongly recommended that Hawaii follow the Center's example by benchmarking future development to predicted sea level rise.

     The purpose of this Act is to require the expected rise in sea level and other climate changes to be considered when drafting an environmental impact statement.

     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, the council 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;

     (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;

     (8)  Establish criteria to determine whether an environmental impact statement is acceptable or not; [and]

     (9)  Prescribe procedures to appeal the nonacceptance of an environmental impact statement to the environmental council[.]; and

    (10)  Prescribe procedures for considering the impact of future sea level rise and other climate changes on any publicly-funded proposed action or development."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Environmental Impact Statements; Climate Change; Sea Level Rise

 

Description:

Requires the environmental council to adopt rules requiring environmental impact statements to consider sea level rise and other climate changes on any publicly-funded proposed action or development.

 

 

 

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