CONFERENCE COMMITTEE REP. NO. 10-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1294

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1294, S.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is, among other things, to:

(1) Address problems related to environmental assessments and impact statements by clarifying the roles planning departments have in processing and accepting these documents; and

(2) Close loopholes in the review process by including proposals for any wastewater facility, except an individual wastewater system, waste-to-energy facility, landfill, oil refinery, or power-generating facility.

After careful consideration, your Committee on Conference has amended this bill by:

(1) Revising its purpose section;

(2) Amending the definition of "power-generating facility" to require that the facility be fueled by fossil fuels;

(3) Exempting actions that propose an individual wastewater system or wastewater facility serving fewer than 50 single-family dwellings or the equivalent from the need for an environmental assessment;

(4) Removing the provision that addresses the potential conflict of interest that may exist when the proposing agency and the agency making the determination on whether an environmental impact statement is necessary are the same;

(5) Removing the provision requiring the Office of Environmental Quality Control to determine which agency shall prepare the environmental assessment and accept the final statement when a dispute arises over which agency shall be the accepting authority; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1294, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1294, S.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

J. KALANI ENGLISH, Chair

____________________________

HERMINA M. MORITA, Co-Chair

____________________________

GARY L. HOOSER, Co-Chair

____________________________

BOB NAKASONE, Co-Chair