STAND. COM. REP. NO. 1194

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 424

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Energy and Environment, to which was referred H.B. No. 424, S.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to extend the temporary exemption from the State's environmental impact statement law afforded to certain actions involving infrastructure within existing public rights-of-way.

 

     Your Committee received testimony in support of this measure from Gary Hooser, Office of Environmental Quality Control; The Chamber of Commerce of Hawaii; Myoung Oh, Hawaii Association of REALTORS; David Arakawa, Land Use Research Foundation of Hawaii; and Rouen Liu, Hawaiian Electric Company, Inc.

 

     This measure extends the sunset date of Act 87, Session Laws of Hawaii 2009, from July 1, 2011, to July 1, 2013.  Act 87 exempts a primary action from chapter 343, Hawaii Revised Statutes, the environmental impact statements law, when that primary action is subject to only a non-discretionary permit or approval and involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway.

 

     Your Committee finds that there are questions about the application of chapter 343, Hawaii Revised Statutes, as it pertains to primary and secondary actions.  This measure allows more time to resolve these issues.

 

     As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 424, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Energy and Environment,

 

 

 

____________________________

MIKE GABBARD, Chair