STAND. COM. REP. NO. 275-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2052

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2052, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to strengthen the State's environmental review procedures by:

(1) Specifically requiring that an environmental assessment be prepared for actions proposing:

(A) A wastewater facility serving 50 or more single-family dwellings;

(B) A waste-to-energy facility;

(C) A landfill;

(D) Oil refinery; or

(E) A power-generating facility with a new equipment output rating exceeding 5.0 megawatts; and

 

(2) Clarifying that:

(A) The Authority to accept a final environmental impact statement (EIS) rests with the agency initially receiving and agreeing to process the request for approval;

(B) The final approving agency for an EIS is not required to be the accepting authority; and

(C) The county planning department is a permissible accepting authority for the final EIS.

Testimony in support of this bill was received from the Office of Environmental Quality Control, Life of the Land, Kaanapali Development Corporation, and several members of the Maui County Council. The Sierra Club testified in support and offered comments and concerns. The Land Use Research Foundation of Hawaii testified in partial support.

Your Committee finds that this bill resolves questions that have arisen under county and court interpretations of the EIS law, as to the appropriate agency to accept an EIS at the county level.

Your Committee further finds that this bill remedies the failure of the EIS law to require an environmental review for privately financed wastewater facilities, waste-to-energy facilities, landfills, oil refineries, and power generating facilities.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2052, H.D. 1, and recommends that it be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

____________________________

KENNETH T. HIRAKI, Chair