REPORT TITLE:
Environment


DESCRIPTION:
Specifies persons entitled to a civil action against persons
undertaking an action or agencies with encumbered funds to carry
out an action prior to a determination whether an environmental
impact statement is required.  Provides time periods for actions.
Grants courts injunctive powers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           93
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 343-7, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "343-7 [Limitation of actions.(a)  Any judicial
 
 4 proceeding, the subject of which is the lack of assessment
 
 5 required under section 343-5, shall be initiated within one
 
 6 hundred twenty days of the agency's decision to carry out or
 
 7 approve the action, or, if a proposed action is undertaken
 
 8 without a formal determination by the agency that a statement is
 
 9 or is not required, a judicial proceeding shall be instituted
 
10 within one hundred twenty days after the proposed action is
 
11 started.  The council or office, any agency responsible for
 
12 approval of the action, or the applicant shall be adjudged an
 
13 aggrieved party for the purposes of bringing judicial action
 
14 under this subsection.  Others, by court action, may be adjudged
 
15 aggrieved.
 
16      (b)  Any judicial proceeding, the subject of which is the
 
17 determination that a statement is required for a proposed action,
 
18 shall be initiated within sixty days after the public has been
 
19 informed of such determination pursuant to section 343-3.  Any
 

 
Page 2                                                     
                                     S.B. NO.           93
                                                        
                                                        

 
 1 judicial proceeding, the subject of which is the determination
 
 2 that a statement is not required for a proposed action, shall be
 
 3 initiated within thirty days after the public has been informed
 
 4 of such determination pursuant to section 343-3.  The council or
 
 5 the applicant shall be adjudged an aggrieved party for the
 
 6 purposes of bringing judicial action under this subsection.
 
 7 Others, by court action, may be adjudged aggrieved.
 
 8      (c)  Any judicial proceeding, the subject of which is the
 
 9 acceptance of an environmental impact statement required under
 
10 section 343-5, shall be initiated within sixty days after the
 
11 public has been informed pursuant to section 343-3 of the
 
12 acceptance of such statement.  The council shall be adjudged an
 
13 aggrieved party for the purpose of bringing judicial action under
 
14 this subsection.  Affected agencies and persons who provided
 
15 written comment to such statement during the designated review
 
16 period shall be adjudged aggrieved parties for the purpose of
 
17 bringing judicial action under this subsection; provided that the
 
18 contestable issues shall be limited to issues identified and
 
19 discussed in the written comment.] Cause of action.  (a)  Any
 
20 person (including any individual, partnership, corporation,
 
21 association, public or private organization, the State, any
 
22 county, agencies, the council or office) may commence a civil
 
23 action against any person who is alleged to have undertaken a
 

 
Page 3                                                     
                                     S.B. NO.           93
                                                        
                                                        

 
 1 proposed action without a formal determination by the appropriate
 
 2 agency that a statement is or is not required within one hundred
 
 3 twenty days after the proposed action is started.
 
 4      (b)  Any person may commence a civil action against any
 
 5 agency which has encumbered funds to carry out or approve a
 
 6 proposed action without a formal determination that a statement
 
 7 is or is not required within one hundred twenty days after the
 
 8 decision is made.
 
 9      (c)  Any person may commence a civil action against any
 
10 agency alleging that a proposed action may significantly affect
 
11 the environment within thirty days after the public has been
 
12 informed, pursuant to section 343-3, of the agency's
 
13 determination that a statement is not required.
 
14      (d)  Any person who provided written comment to an
 
15 environmental impact statement during the designated review
 
16 period may commence a civil action alleging the statement is
 
17 inadequate within sixty days after the public has been informed
 
18 pursuant to section 343-3 of the acceptance of the statement;
 
19 provided that the contestable issues shall be limited to issues
 
20 identified and discussed in the written comments.
 
21      (e)  The court shall have jurisdiction to provide injunctive
 
22 relief and award costs of litigation (including reasonable
 
23 attorney and expert witness fees) to any party which maintains an
 

 
Page 4                                                     
                                     S.B. NO.           93
                                                        
                                                        

 
 1 action under this section and obtains relief against a
 
 2 defendant."
 
 3      SECTION 2.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:  _______________________