Report Title:

Environmental Rights

Description:

Enumerates environmental rights guaranteed by the Hawaii constitution, including provisions relating to board members, standing to intervene in contested case hearings, automatic permit approval, and board decisionmaking relating to natural resources. Makes conforming amendments.

HOUSE OF REPRESENTATIVES

H.B. NO.

1678

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ENVIRONMENTAL RIGHTS.

 

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

SECTION 1. In 1978, the voters of this State approved article XI, section 9, of the state constitution to guarantee that every person has the right to a clean and healthful environment. This Act spells out some of the rights guaranteed by this provision of the constitution.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

ENVIRONMENTAL RIGHTS

§ -1 Definitions. As used in this chapter:

"Board" means each state or county board, commission, department, or agency.

"Natural resource" includes open space, agricultural land, native plant species, native fauna, native habitat, wilderness, wetlands, anchialine pools, bays, estuaries, marshes, river mouths, rivers, streams, sloughs, lagoons, submerged lands, beaches, surfing sites, recreation areas, trails, scenic resources, cultural resources, reefs, corals, marine life, fisheries, area of open water free of visible structures, water, and air.

§ -2 Integrity of boards. No board which grants permits or approvals shall include as a decisionmaking member, any person who receives or has during the previous two years received, a significant portion of the person's income directly or indirectly from permit holders or applicants for a permit from that board; provided that for the purposes of this section, no agency or board of the State shall be considered a permit holder or applicant for a permit.

§ -3 Public participation. No person seeking to protect any natural resource shall be denied standing to intervene in a contested case hearing before any agency considering an application for a permit or approval.

§ -4 Protection of natural resources. Any application that has been automatically approved shall be on the condition that no natural resource shall be impaired in any manner.

§ -5 Decisionmaking. In making decisions that affect a natural resource, a board shall consider and protect native Hawaiian rights, the public trust, and the long-term sustainability of the natural resource."

SECTION 3. Section 26-31, Hawaii Revised Statutes, is amended to read as follows:

"§26-31 Selection and terms of single executives as heads of departments. Except as otherwise provided by the Constitution of the State or by this chapter, and subject to section -2, each principal department shall be headed by a single executive, who shall be nominated and, by and with the advice and consent of the senate, appointed by the governor, for a term to expire at the end of the term for which the governor was elected. A vacancy occurring during a term shall be filled for the unexpired balance of the term, subject to the provisions of Article V, section 6 of the Constitution of the State. The governor may remove a single executive from office at any time, except that the removal of the attorney general shall be subject to the advice and consent of the senate."

SECTION 4. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [The] Subject to section -2, the members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. Unless otherwise provided by this chapter or by law hereafter enacted, the terms of the members shall be for four years; provided that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year for each board and commission. Unless otherwise provided by law, each term shall commence on July 1 and expire on June 30, except that the terms of the chairpersons of the board of agriculture, the board of land and natural resources, and the Hawaiian homes commissions shall commence on January 1 and expire on December 31. No person shall be appointed consecutively to more than two terms as a member of the same board or commission; provided that membership on any board or commission shall not exceed eight consecutive years."

SECTION 5. Section 91-13.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) All such issuing agencies shall take action to grant or deny any application for a business or development-related permit, license or approval within the established maximum period of time, or the application shall be deemed approved[.], subject to the condition that no natural resource shall be impaired in any manner as provided in section -4."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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