Report Title:

Environmental Assessments

Description:

Requires an environmental assessment, except for exempt minor projects, for actions that propose any wastewater facility, waste-to-energy facility, landfill, oil refinery, or power-generating facility and for any development within the SMA that requires a special management area use permit. (HB2209 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2209

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

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 environmental assessments and impact statements prepared under chapter 343, Hawaii Revised Statutes, disclose the environmental, social, cultural, and economic effects of future development to the public and decision-makers and provide an excellent basis for making informed decisions on projects.

Loopholes in the present environmental review process allow the construction of wastewater facilities, waste-to-energy facilities, landfills, oil refineries, or power-generating facilities to go ahead without environmental assessments or impact statements. Requiring environmental assessment procedures for such projects under chapter 343, Hawaii Revised Statutes, would ensure that decision-makers have the proper information about environmental, social, and economic consequences before approving the facilities.

Special management areas (lands near the coastal areas) are important for statewide economic development and recreational needs as well as for environmental protection. Chapter 205A, Hawaii Revised Statutes, gives management and regulatory responsibility for special management areas to the respective county governments.

The county governments have various procedures to assess the impacts of development in special management areas. The counties' environmental assessment systems differ from each other as well as from the state environmental review process established in chapter 343, Hawaii Revised Statutes. Unlike the state, some counties do not study social and traffic effects. The differing standards cause confusion among the public and reviewing agencies and enable poorly conceived projects to be approved.

Requiring environmental assessment procedures under chapter 343, Hawaii Revised Statues, for development in special management areas would promote consistency as well as improve governance over the special management areas.

Under the present environmental impact review process of the State, minor projects with minimal effects may be declared exempt by the reviewing agencies. Therefore, small projects will not be affected by this Act. The exempt classes of actions are summarized below:

(1) Operation, repairs, or maintenance of existing facilities or topographical features;

(2) Replacement or reconstruction of existing structures and facilities;

(3) Construction and location of single, new, small facilities or structures;

(4) Minor alterations in the conditions of land, water, or vegetation;

(5) Basic data collection and research and experimental management;

(6) Construction or placement of minor structures accessory to existing facilities;

(7) Interior alterations;

(8) Demolition of structures, except historic structures;

(9) Zoning variances, except shoreline-setback variances;

(10) Continuing administrative activities, such as purchasing supplies.

SECTION 2. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, an environmental assessment shall be required for actions [which:] that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects which the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies;

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within [the] a shoreline area as defined in section 205A-41;

(4) Propose any development within a special management area that requires a special management area use permit as defined in section 205A-22;

[(4)] (5) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

[(5)] (6) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

[(6)] (7) Propose any amendments to existing county general plans where such amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

[(7)] (8) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205; [and]

[(8)] (9) Propose the construction of new[,] or the expansion or modification of existing helicopter facilities within the State, which, by way of their activities, may affect any land classified as a conservation district by the state land use commission under chapter 205; [the] a shoreline area as defined in section 205A-41; or[,] any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E[;], or, until the statewide historic places inventory is completed, any historic site found by a field reconnaissance of the area affected by the helicopter facility and which is under consideration for placement on the National Register or the Hawaii Register of Historic Places[.]; and

(10) Propose any wastewater facility, waste-to-energy facility, landfill, oil refinery, or power-generating facility."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.