Env. Impact Statements

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.

THE SENATE                              S.B. NO.           516
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Findings and purpose.  The legislature affirms
 2 that it is in the public interest that actions which may have a
 3 significant impact on the environment be subjected to a formal
 4 system of review to ensure that the environmental concerns of the
 5 proposed actions are given equal weight to economic and technical
 6 considerations.  The legislature finds that under existing law,
 7 certain proposed actions which may have significant environmental
 8 effects are not subject to the provisions for environmental
 9 review, and that such review would provide substantive benefits
10 to the public through judicious evaluations of social and
11 environmental effects, to the private applicant through the
12 identification of appropriate mitigation strategies to minimize
13 adverse environmental effects, and to government through the
14 identification of appropriate planning principles and regulatory
15 actions.
16      The purpose of this Act is to extend the environmental
17 review provisions of chapter 343, Hawaii Revised Statutes, to
18 encompass the proposed use of land subject do discretionary
19 approval by a state or county agency.

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                                     S.B. NO.           516

 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

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                                     S.B. NO.           516

 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

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                                     S.B. NO.           516

 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      SECTION 3.  There is appropriated out of the general
 8 revenues of the State of Hawaii the sum of $40,000, or so much
 9 thereof as may be necessary for fiscal year 1999-2000, to carry
10 out the purposes of this Act, including the hiring of necessary
11 staff.  The sum appropriated shall be expended by the department
12 of health.
13      SECTION 4.  Statutory material to be repealed is bracketed.
14 New statutory material is underscored.
15      SECTION 5.  This Act shall take effect on July 1, 1999.
17                           INTRODUCED BY:  _______________________