REPORT TITLE:
Environmental Impact; Waikiki


DESCRIPTION:
Amends the "Waikiki trigger" in the environmental impact
statement law to require environmental assessments for only
"major uses" in Waikiki for which the city and county requires a
major permit.  Provides for concurrent processing, joint public
hearings, and reduced duplication to streamline processing.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           85
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE ENVIRONMENTAL IMPACT STATEMENTS LAW.



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

 1      SECTION 1.  The purpose of this Act, which is repealed in
 
 2 five years, is to streamline the environmental review process in
 
 3 chapter 343, Hawaii Revised Statutes, with respect to proposed
 
 4 Waikiki developments, by amending that law to:
 
 5      (1)  Require the concurrent processing of environmental
 
 6           assessments and impact statements with permits to the
 
 7           extent practicable for Waikiki projects, including
 
 8           joint hearings, coordinated deadlines, and the
 
 9           incorporation of documents by reference, to streamline
 
10           the regulatory process, as long as sufficient time is
 
11           allotted for the review of environmental assessments or
 
12           impact statements to ensure that environmental concerns
 
13           are given appropriate consideration by the public and
 
14           in decisionmaking along with related considerations;
 
15      (2)  Require the preparation of master and focused
 
16           environmental impact statements for Waikiki.  Master
 
17           impact statements may provide baseline environmental
 
18           data for that district, which may produce cost savings
 
19           and prevent duplication of paperwork.  Focused impact
 

 
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 1           statements concentrate on a site-specific project,
 
 2           incorporating the master statement by reference without
 
 3           repeating the broad environmental and other
 
 4           considerations already addressed in the master
 
 5           statement;
 
 6      (3)  Establish a regional environmental impact database for
 
 7           Waikiki, in which data from previously prepared
 
 8           environmental impact statements and information from
 
 9           new statements are used to continuously update
 
10           environmental and land use information about that
 
11           district.  This database may assist in integrating the
 
12           environmental review process into the local land use
 
13           process and help policy analysts and decision makers in
 
14           determining cumulative impacts within Waikiki for
 
15           future policy and planning directions for that
 
16           district;
 
17      (4)  Provide for the use of standardized or joint
 
18           environmental impact statements for the State and city
 
19           and county, in order increase efficiency and reduce
 
20           delay regarding Waikiki projects, similar to existing
 
21           provisions for the use of one environmental impact
 
22           statement, where feasible, in actions that are subject
 
23           to both the National Environmental Policy Act and the
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           state environmental impact statements law;
 
 2      (5)  Provide for the use of functional equivalents with
 
 3           respect to Waikiki to avoid duplicative review and
 
 4           reduce time in the permitting process.  This issue
 
 5           arises when a project subject to an environmental
 
 6           impact statement is also subject to review under
 
 7           equivalent environmental criteria contained in a
 
 8           development permit statute, in which environmental
 
 9           review under the permit statute may substitute as the
 
10           functional equivalent of environmental review under the
 
11           environmental impact statement process if certain
 
12           criteria are established; and
 
13      (6)  Amend the "Waikiki trigger" in section 343-5(a)(5),
 
14           Hawaii Revised Statutes, by limiting its applicability
 
15           to only proposed "major" uses in Waikiki, as defined by
 
16           the city and county of Honolulu.  The legislature finds
 
17           that this amendment appropriately balances the need for
 
18           the continued review of major projects that will
 
19           potentially have greater impact on Waikiki's
 
20           environment and require more substantial levels of
 
21           review, with the need to streamline the regulatory
 
22           process affecting proposed Waikiki developments by
 
23           eliminating the environmental impact statement process
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           for minor Waikiki projects that are essentially
 
 2           ministerial in nature and can be processed with minimal
 
 3           levels of review.
 
 4      In addition, this Act requires the office of environmental
 
 5 quality control to review the effectiveness of these streamlining
 
 6 measures and the need for the continuation of the Waikiki
 
 7 trigger, and to report back to the legislature.
 
 8      SECTION 2.  Chapter 343, Hawaii Revised Statutes, is amended
 
 9 by adding six new sections to be appropriately designated and to
 
10 read as follows:
 
11      "343-    Waikiki projects; concurrent processing; joint
 
12 public hearings; streamlining duplicative applications.  (a)
 
13 This section shall apply only to Waikiki projects.  Except as
 
14 otherwise prohibited by law, nothing in this chapter shall
 
15 prohibit:
 
16      (1)  The submission of an environmental assessment or an
 
17           environmental impact statement concurrently with the
 
18           filing and processing of one or more permit
 
19           applications with one or more state or city and county
 
20           agencies, or both, with respect to a use within
 
21           Waikiki;
 
22      (2)  The holding of joint public hearings, or the holding of
 
23           consecutive public hearings within a short time period,
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           before one or more state or city and county agencies,
 
 2           or both, regarding the subject matter of a draft
 
 3           environmental assessment or a draft environmental
 
 4           impact statement and one or more permit applications
 
 5           with respect to a use within Waikiki; or
 
 6      (3)  Where applicable, using an environmental assessment or
 
 7           an environmental impact statement required by this
 
 8           chapter as a permit application or as the basis for a
 
 9           permit application before one or more state or city and
 
10           county agencies, or both;
 
11 provided that a finding of no significant impact or acceptance of
 
12 a required final statement under this chapter shall be a
 
13 condition precedent to the approval of a permit and commencement
 
14 of a proposed action within Waikiki.
 
15      (b)  The use of concurrent processing, joint or consecutive
 
16 public hearings, and other streamlining measures as provided in
 
17 this section are encouraged for uses within Waikiki that require
 
18 multiple permits in order to streamline the processing of
 
19 duplicative documents and reduce permit processing time.
 
20      (c)  All state and city and county permitting agencies, to
 
21 the maximum extent feasible, shall:
 
22      (1)  Seek to integrate the requirements of this chapter with
 
23           planning and environmental review procedures otherwise
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           required by law or local practice, so that the
 
 2           streamlining measures specified in this section run
 
 3           concurrently, rather than consecutively; and
 
 4      (2)  Devise methods by which the permitting process may be
 
 5           further streamlined and simplified so as to avoid
 
 6           duplication with the requirements of this chapter;
 
 7 provided that state and city and county agencies shall allot
 
 8 sufficient time for the review of environmental assessments and
 
 9 environmental impact statements for Waikiki projects to ensure
 
10 that decision makers and members of the public have the
 
11 opportunity for the meaningful review of and input into those
 
12 projects, including their environmental, economic, social, and
 
13 other impacts as required by this chapter, and for ways to
 
14 mitigate those impacts.
 
15      (d)  It is the intent of the legislature that all persons
 
16 and state and city and county agencies involved in the
 
17 environmental review process relating to Waikiki shall be
 
18 responsible for carrying out the process in the most efficient
 
19 and expeditious manner possible in order to conserve available
 
20 financial, governmental, physical, and social resources with the
 
21 objective that those resources may be better applied toward the
 
22 mitigation of the actual significant effects on the environment
 
23 in Waikiki.
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1      343-    Waikiki projects; state-county cooperation.
 
 2 Whenever a Waikiki project is subject to both the requirements of
 
 3 this chapter and ordinances adopted by the city and county of
 
 4 Honolulu applicable to Waikiki that require an environmental
 
 5 assessment or environmental impact statement, city and county
 
 6 agencies are requested to cooperate with the office and state
 
 7 agencies to the fullest extent possible to reduce duplication
 
 8 between state and city and county requirements.  Such
 
 9 cooperation, to the fullest extent possible, is requested to
 
10 include joint environmental assessments or environmental impact
 
11 statements, as appropriate, with concurrent public review and
 
12 processing at both levels of government.  Where this chapter has
 
13 environmental assessment or environmental impact statement
 
14 requirements in addition to but not in conflict with ordinances
 
15 adopted by the city and county of Honolulu applicable to Waikiki
 
16 having similar requirements, city and county agencies are
 
17 requested to cooperate in fulfilling these requirements so that
 
18 one document shall comply with all applicable laws.
 
19      343-    Waikiki projects; functional equivalents;
 
20 submission in lieu of environmental assessment or impact
 
21 statement.  (a)  This section shall apply only to Waikiki
 
22 projects.  Except as otherwise provided in this section or any
 
23 other law, when the regulatory program of a state or city and
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 county agency requires a plan or other written documentation,
 
 2 containing environmental information and complying with
 
 3 subsection (d)(3), to be submitted in support of any activity
 
 4 listed in subsection (b), the plan or other written documentation
 
 5 may be submitted in lieu of the environmental assessment or
 
 6 environmental impact statement required by this chapter if the
 
 7 director has certified the regulatory program pursuant to this
 
 8 section.
 
 9      (b)  This section applies only to regulatory programs or
 
10 portions thereof with respect to Waikiki projects that involve
 
11 either of the following:
 
12      (1)  The issuance to a person of a lease, permit, license,
 
13           certificate, or other entitlement for use; or
 
14      (2)  The adoption or approval of standards, rules, or plans
 
15           for use in the regulatory program.
 
16      (c)  A regulatory program certified pursuant to this section
 
17 is exempt from preparing an environmental assessment or
 
18 environmental impact statement, other than master environmental
 
19 impact statements as provided in section 343-  .
 
20      (d)  To qualify for certification pursuant to this section,
 
21 a regulatory program shall require the utilization of an
 
22 interdisciplinary approach that will ensure the integrated use of
 
23 the natural and social sciences in decisionmaking and which shall
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 meet all of the following criteria:
 
 2      (1)  The enabling legislation of the regulatory program does
 
 3           both of the following:
 
 4           (A)  Includes protection of the environment among its
 
 5                principal purposes; and
 
 6           (B)  Contains authority for the administering agency to
 
 7                adopt rules for the protection of the environment,
 
 8                guided by standards set forth in the enabling
 
 9                legislation;
 
10      (2)  The rules adopted by the administering agency for the
 
11           regulatory program do all of the following:
 
12           (A)  Require that an activity will not be approved or
 
13                adopted as proposed if there are feasible
 
14                alternatives or feasible mitigation measures
 
15                available which would substantially lessen any
 
16                significant adverse effect which the activity may
 
17                have on the environment;
 
18           (B)  Include guidelines for the orderly evaluation of
 
19                proposed activities and the preparation of the
 
20                plan or other written documentation in a manner
 
21                consistent with the environmental protection
 
22                purposes of the regulatory program;
 
23           (C)  Require the administering agency to consult with
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1                all public agencies which have jurisdiction, by
 
 2                law, with respect to the proposed activity;
 
 3           (D)  Require that final action on the proposed activity
 
 4                include the written responses of the issuing
 
 5                authority to significant environmental points
 
 6                raised during the evaluation process;
 
 7           (E)  Require the filing of a notice of the decision by
 
 8                the administering agency on the proposed activity
 
 9                with the director.  Those notices shall be
 
10                available for public inspection, and a list of the
 
11                notices shall be posted on a weekly basis in the
 
12                office.  Each list shall remain posted for a
 
13                period of thirty days; and
 
14           (F)  Require notice of the filing of the plan or other
 
15                written documentation to be made to the public and
 
16                to any person who requests, in writing,
 
17                notification.  The notification shall be made in a
 
18                manner that will provide the public or any person
 
19                requesting notification with sufficient time to
 
20                review and comment on the filing; and
 
21      (3)  The plan or other written documentation required by the
 
22           regulatory program does both of the following:
 
23           (A)  Includes a description of the proposed activity
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1                with alternatives to the activity, and mitigation
 
 2                measures to minimize any significant adverse
 
 3                effect on the environment of the activity; and
 
 4           (B)  Is available for a reasonable time for review and
 
 5                comment by other public agencies and the general
 
 6                public.
 
 7      (e)  (1)  The director shall certify a regulatory program
 
 8           which the director determines meets all the
 
 9           qualifications for certification set forth in this
 
10           section, and withdraw certification on determination
 
11           that the regulatory program has been altered so that it
 
12           no longer meets those qualifications.
 
13      (2)  In determining whether or not a regulatory program
 
14           meets the qualifications for certification set forth in
 
15           this section, the inquiry of the director shall extend
 
16           only the the question of whether the regulatory program
 
17           meets the generic requirements of subsection (d).  The
 
18           inquiry shall not extend to individual decisions to be
 
19           reached under the regulatory program, including the
 
20           nature of specific alternatives or mitigation measures
 
21           which might be proposed to lessen any significant
 
22           adverse effect on the environment of the activity.
 
23      (3)  If the director determines that the regulatory program
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           submitted for certification does not meet the
 
 2           qualifications for certification set forth in this
 
 3           section, the director shall adopt findings setting
 
 4           forth the reasons for the determination.
 
 5      (f)  After a regulatory program has been certified pursuant
 
 6 to this section, any proposed change in the program which could
 
 7 affect compliance with the qualifications for certification
 
 8 specified in subsection (d) may be submitted to the director for
 
 9 review and comment.  The scope of the director's review shall
 
10 extend only to the question of whether the regulatory program
 
11 meets the generic requirements of subsection (d).  The review
 
12 shall not extend to individual decisions to be reached under the
 
13 regulatory program, including specific alternatives or mitigation
 
14 measures which might be proposed to lessen any significant
 
15 adverse effect on the environment of the activity.  The director
 
16 shall have thirty days from the date of receipt of the proposed
 
17 change to notify the state or city and county agency whether the
 
18 proposed change will alter the regulatory program so that it no
 
19 longer meets the qualification for certification established in
 
20 this section and will result in a withdrawal of certification as
 
21 provided in this section.
 
22      (g)  Any action or proceeding to attack, review, set aside,
 
23 void, or annul a determination or decision of a state or city and
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 county agency approving or adopting a proposed activity under a
 
 2 regulatory program which has been certified pursuant to this
 
 3 section on the basis that the plan or other written documentation
 
 4 prepared pursuant to subsection (d)(3) does not comply with this
 
 5 section shall be commenced not later than thirty days from the
 
 6 date of the filing of notice of the approval or adoption of the
 
 7 activity.
 
 8      (h)  (1)  Any action or proceeding to attack, review, set
 
 9           aside, void, or annual determination of the director to
 
10           certify a regulatory program pursuant to this section
 
11           on the basis that the regulatory program does not
 
12           comply with this section shall be commenced within
 
13           thirty days from the date of certification by the
 
14           secretary.
 
15      (2)  In any action brought pursuant to paragraph (1), the
 
16           inquiry shall extend only to whether there was a
 
17           prejudicial abuse of discretion by the director.  Abuse
 
18           of discretion is established if the director has not
 
19           proceeded in a manner required by law or if the
 
20           determination is not supported by substantial evidence.
 
21      343-   Waikiki master environmental impact statement.  (a)
 
22 A Waikiki master environmental impact statement may be prepared
 
23 for any one of the following projects:
 

 
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 1      (1)  In conjunction with a development plan for Oahu's
 
 2           primary urban center, an amendment to that plan
 
 3           relating to Waikiki, or another specific master or
 
 4           regional plan relating to Waikiki;
 
 5      (2)  A project that consists of smaller individual projects
 
 6           in Waikiki which will be carried out in phases;
 
 7      (3)  A rule which will be implemented by subsequent projects
 
 8           in Waikiki;
 
 9      (4)  Waikiki projects which will be carried out or approved
 
10           pursuant to a development agreement;
 
11      (5)  Public or private Waikiki projects which will be
 
12           carried out or approved pursuant to, or in furtherance
 
13           of, a redevelopment plan for Waikiki;
 
14      (6)  A mass transit project for Waikiki which will be
 
15           subject to multiple stages of review or approval;
 
16      (7)  A regional transportation plan or congestion management
 
17           plan that includes Waikiki; or
 
18      (8)  Any other plan or project relating to Waikiki that the
 
19           office finds appropriate.
 
20      (b)  When a state or city and county agency prepares a
 
21 Waikiki master environmental impact statement, the document shall
 
22 include all of the following:
 
23      (1)  A detailed statement as required by this chapter and
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           rules adopted pursuant to this chapter;
 
 2      (2)  A description of anticipated subsequent Waikiki
 
 3           projects that would be within the scope of the Waikiki
 
 4           master environmental impact statement, that contains
 
 5           sufficient information with regard to the kind, size,
 
 6           intensity, and location of the subsequent projects,
 
 7           including, but not limited to, all of the following:
 
 8           (A)  The specific type of project anticipated to be
 
 9                undertaken;
 
10           (B)  The maximum and minimum intensity of any
 
11                anticipated subsequent project, such as the number
 
12                of residences in a residential development, and,
 
13                with regard to a public works facility, its
 
14                anticipated capacity and service area;
 
15           (C)  The anticipated location and alternative locations
 
16                for any development projects; and
 
17           (D)  A capital outlay or capital improvement program,
 
18                or other scheduling or implementing device that
 
19                governs the submission and approval of subsequent
 
20                projects; and
 
21      (3)  A description of potential impacts of anticipated
 
22           subsequent projects for which there is not sufficient
 
23           information reasonably available to support a full
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           assessment of potential impacts in the Waikiki master
 
 2           environmental impact statement.  This description shall
 
 3           not be construed as a limitation on the impacts which
 
 4           may be considered in a Waikiki focused environmental
 
 5           impact statement.
 
 6      (c)  State and city and county agencies may develop and
 
 7 implement a fee program in accordance with applicable provisions
 
 8 of law to generate the revenue necessary to prepare a Waikiki
 
 9 master environmental impact statement.
 
10      (d)  The preparation and certification of a Waikiki master
 
11 environmental impact statement, if prepared and certified
 
12 consistent with this section, may allow for the limited review of
 
13 subsequent projects that were described in the Waikiki master
 
14 environmental impact statement as being within the scope of the
 
15 statement, in accordance with the following requirements:
 
16      (1)  The lead agency for a subsequent project shall be the
 
17           lead agency or any responsible agency identified in the
 
18           Waikiki master environmental impact statement;
 
19      (2)  The lead agency shall prepare an initial study on any
 
20           proposed subsequent project.  This initial study shall
 
21           analyze whether the subsequent project may cause any
 
22           significant effect on the environment that was not
 
23           examined in the Waikiki master environmental impact
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           statement and whether the subsequent project was
 
 2           described in the Waikiki master environmental impact
 
 3           statement as being within the scope of the statement;
 
 4      (3)  If the lead agency, based on the initial study,
 
 5           determines that a proposed subsequent project will have
 
 6           no additional significant effect on the environment
 
 7           that was not identified in the Waikiki master
 
 8           environmental impact statement and that no new or
 
 9           additional mitigation measures or alternatives may be
 
10           required, the lead agency shall make a written finding
 
11           based upon the information contained in the initial
 
12           study that the subsequent project is within the scope
 
13           of the project covered by the Waikiki master
 
14           environmental impact statement.  No new environmental
 
15           document nor findings shall be required.  Prior to
 
16           approving or carrying out the proposed subsequent
 
17           project, the lead agency shall provide notice of this
 
18           fact and incorporate all feasible mitigation measures
 
19           or feasible alternatives set forth in the Waikiki
 
20           master environmental impact statement which are
 
21           appropriate to the project.  Whenever a lead agency
 
22           approves or determines to carry out any subsequent
 
23           project pursuant to this section, it shall file a
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           notice pursuant to section 343-3; and
 
 2      (4)  Where a lead agency cannot make the findings required
 
 3           in paragraph (3), the lead agency shall prepare either
 
 4           a mitigated finding of no significant impact or
 
 5           environmental impact statement pursuant to subsection
 
 6           (e).
 
 7      (e)  A proposed mitigated finding of no significant impact
 
 8 shall be prepared for any proposed subsequent project if both of
 
 9 the following occur:
 
10      (1)  An initial study has identified potentially new or
 
11           additional significant effects on the environment that
 
12           were not analyzed in the Waikiki master environmental
 
13           impact statement; and
 
14      (2)  Feasible mitigation measures or alternatives will be
 
15           incorporated to revise the proposed subsequent project,
 
16           before the finding of no significant impact is released
 
17           for public review, in order to avoid the effects or
 
18           mitigate the effects to a point where clearly no
 
19           significant effect on the environment will occur.
 
20 If there is substantial evidence in light of the whole record
 
21 before the lead agency that the proposed subsequent project may
 
22 have a significant effect on the environment and a mitigated
 
23 finding of no significant impact is not prepared, the lead agency
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 shall prepare an environmental impact statement or a Waikiki
 
 2 focused environmental impact statement pursuant to section
 
 3 343-  .
 
 4      (f)  The Waikiki master environmental impact statement shall
 
 5 not be used for the purposes of this chapter if the certification
 
 6 of the report occurred more than five years prior to the filing
 
 7 of an application for the subsequent project, or if the approval
 
 8 of a project that was not described in the report may affect the
 
 9 adequacy of the environmental review in the report for any
 
10 subsequent project, unless the lead agency reviews the adequacy
 
11 of the Waikiki master environmental impact statement and does
 
12 either of the following:
 
13      (1)  Finds that no substantial changes have occurred with
 
14           respect to the circumstances under which the Waikiki
 
15           master environmental impact statement was certified or
 
16           that no new information, which was not known and could
 
17           not have been known at the time that the Waikiki master
 
18           environmental impact statement was certified as
 
19           complete, has become available; or
 
20      (2)  Certifies a subsequent or supplemental environmental
 
21           impact statement which has been either incorporated
 
22           into the previously certified Waikiki master
 
23           environmental impact statement or references any
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           deletions, additions, or any other modifications to the
 
 2           previously certified Waikiki master environmental
 
 3           impact statement.
 
 4      343-    Waikiki focused environmental impact statement.
 
 5 (a)  A Waikiki focused environmental impact statement is an
 
 6 environmental impact statement on a subsequent project identified
 
 7 in the Waikiki master environmental impact statement.  A focused
 
 8 environmental impact statement may be utilized only if the lead
 
 9 agency finds that the analysis in the master environmental impact
 
10 statement of cumulative impacts, growth inducing impacts, and
 
11 irreversible significant effects on the environment is adequate
 
12 for the subsequent project.  The Waikiki focused environmental
 
13 impact statement shall incorporate, by reference, the Waikiki
 
14 master environmental impact statement and analyze only the
 
15 subsequent project's additional significant effects on the
 
16 environment, as defined in subdivision (d), and any new or
 
17 additional mitigation measures or alternatives that were not
 
18 identified and analyzed by the Waikiki master environmental
 
19 impact statement.
 
20      (b)  The Waikiki focused environmental impact statement need
 
21 not examine those effects which the lead agency finds were one of
 
22 the following:
 
23      (1)  Mitigated or avoided as a result of mitigation measures
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           identified in the Waikiki master environmental impact
 
 2           statement which will be required as part of the
 
 3           approval of the subsequent project; or
 
 4      (2)  Examined at a sufficient level of detail in the Waikiki
 
 5           master environmental impact statement to enable those
 
 6           significant environmental effects to be mitigated or
 
 7           avoided by specific revisions to the project, the
 
 8           imposition of conditions, or by other means in
 
 9           connection with the approval of the subsequent project.
 
10      (c)  A Waikiki focused environmental impact statement on any
 
11 subsequent project shall analyze any significant effects on the
 
12 environment where substantial new or additional information shows
 
13 that the adverse environmental impact may be more significant
 
14 than was described in the Waikiki master environmental impact
 
15 statement.  The substantial new or additional information may
 
16 also show that mitigation measures or alternatives identified in
 
17 the Waikiki master environmental impact statement, which were
 
18 previously determined to be infeasible, are feasible and will
 
19 avoid or reduce the significant effects on the environment of the
 
20 subsequent project to a level of insignificance.
 
21      (d)  Nothing in this chapter is intended to limit or abridge
 
22 the ability of a lead agency to focus upon the issues that are
 
23 ripe for decision at each level of environmental review, or to
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 exclude duplicative analysis of environmental effects examined in
 
 2 previous environmental impact statements.
 
 3      343-   Waikiki environmental impact database.  The office,
 
 4 in cooperation with the city and county department of planning
 
 5 and permitting, shall establish and continuously update a
 
 6 database for Waikiki projects that incorporates all relevant
 
 7 environmental and land use information relating to Waikiki
 
 8 derived from both new and previously prepared environmental
 
 9 impact statements and findings of no significant impact relating
 
10 to Waikiki projects in order to:
 
11      (1)  Reduce delay and duplication in the preparation of
 
12           subsequent environmental impact statements relating to
 
13           Waikiki; or
 
14      (2)  Make subsequent or supplemental environmental
 
15           determinations regarding Waikiki."
 
16      SECTION 3.  Section 343-2, Hawaii Revised Statutes, is
 
17 amended by adding six new definitions to be appropriately
 
18 inserted and to read as follows:
 
19      ""Additional significant effects on the environment" means
 
20 those project specific effects on the environment which were not
 
21 addressed as significant effects on the environment in the
 
22 Waikiki master environmental impact statement.
 
23      "City and county" means the city and county of Honolulu.
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1      "Director" means the director of environmental quality
 
 2 control.
 
 3      "Major use" means any use in Waikiki for which the city and
 
 4 county of Honolulu requires a major permit as provided by
 
 5 ordinance.
 
 6      "Waikiki" means the area of Oahu whose boundaries are
 
 7 delineated in the city and county of Honolulu land use ordinance
 
 8 establishing the Waikiki Special District.
 
 9      "Waikiki project" means any proposed development, project,
 
10 activity, or other use in Waikiki for which one or more permits
 
11 may be necessary from the State or city and county."
 
12      SECTION 4.  Section 343-5, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  Except as otherwise provided, an environmental
 
15 assessment shall be required for actions which:
 
16      (1)  Propose the use of state or county lands or the use of
 
17           state or county funds, other than funds to be used for
 
18           feasibility or planning studies for possible future
 
19           programs or projects which the agency has not approved,
 
20           adopted, or funded, or funds to be used for the
 
21           acquisition of unimproved real property; provided that
 
22           the agency shall consider environmental factors and
 
23           available alternatives in its feasibility or planning
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1           studies;
 
 2      (2)  Propose any use within any land classified as
 
 3           conservation district by the state land use commission
 
 4           under chapter 205;
 
 5      (3)  Propose any use within the shoreline area as defined in
 
 6           section 205A-41;
 
 7      (4)  Propose any use within any historic site as designated
 
 8           in the National Register or Hawaii Register as provided
 
 9           for in the Historic Preservation Act of 1966, Public
 
10           Law 89-665, or chapter 6E;
 
11      (5)  Propose any major use within [the] Waikiki [area of
 
12           Oahu, the boundaries of which are delineated in the
 
13           land use ordinance as amended, establishing the
 
14           "Waikiki Special District"];
 
15      (6)  Propose any amendments to existing county general plans
 
16           where such amendment would result in designations other
 
17           than agriculture, conservation, or preservation, except
 
18           actions proposing any new county general plan or
 
19           amendments to any existing county general plan
 
20           initiated by a county;
 
21      (7)  Propose any reclassification of any land classified as
 
22           conservation district by the state land use commission
 
23           under chapter 205; and
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 [[](8)[]] Propose the construction of new, or the expansion or
 
 2           modification of existing helicopter facilities within
 
 3           the State which by way of their activities may affect
 
 4           any land classified as conservation district by the
 
 5           state land use commission under chapter 205; the
 
 6           shoreline area as defined in section 205A-41; or, any
 
 7           historic site as designated in the National Register or
 
 8           Hawaii Register as provided for in the Historic
 
 9           Preservation Act of 1966, Public Law 89-665, or chapter
 
10           6E; or, until the statewide historic places inventory
 
11           is completed, any historic site found by a field
 
12           reconnaissance of the area affected by the helicopter
 
13           facility and which is under consideration for placement
 
14           on the National Register or the Hawaii Register of
 
15           Historic Places."
 
16      SECTION 5.  The office of environmental quality control
 
17 shall study the changes made by this Act to the environmental
 
18 impact statement law as it applies to proposed developments in
 
19 Waikiki, including recommendations regarding whether to retain
 
20 the "Waikiki trigger" in section 343-5(a)(5), Hawaii Revised
 
21 Statutes, and report its findings and recommendations, including
 
22 any proposed implementing legislation, to the Legislature no
 
23 later than twenty days before the convening of the regular
 

 
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                                     S.B. NO.           85
                                                        
                                                        

 
 1 session of 2004.
 
 2      SECTION 6.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 7.  This Act shall take effect on July 1, 1999;
 
 5 provided that on July 1, 2004, this Act shall be repealed, and
 
 6 sections 343-2 and 343-5(a), Hawaii Revised Statutes, are
 
 7 reenacted in the form in which they read on June 30, 1999.
 
 8 
 
 9                              INTRODUCED BY:______________________