Report Title:

Environmental Impact Statements; Environmental Justice

Description:

Requires the disclosure and proposed mitigation of environmental justice impacts in environmental impact statements.

HOUSE OF REPRESENTATIVES

H.B. NO.

470

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to environmental impact.

 

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

SECTION 1. The legislature finds that Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations", which was signed by President Clinton on February 11, 1994, requires each federal agency, to the greatest extent practicable, to make achieving environmental justice part of its mission by identifying and addressing disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations in the United States and its territories and possessions.

The legislature further finds that environmental justice is achieved when everyone, regardless of race, culture, or income, enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work. Accordingly, the purpose of this Act is to require the disclosure and proposed mitigation of environmental justice impacts in all environmental impact statements for proposed actions in this State.

SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

""Environmental justice" means the fair treatment and meaningful involvement of all people in this State, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, rules, and policies.

"Environmental justice impact" means the effect of a proposed action on minority and low-income populations, including:

(1) Disproportionately high and adverse human health or environmental effects on minority and low-income populations; and

(2) An assessment of whether minority and low-income populations face risk or a rate of exposure to hazards that is significant and that appreciably exceeds or is likely to appreciably exceed the risk or rate to the general population or other appropriate comparison group.

"Fair treatment" means that no group of people, including a racial, ethnic, or a socioeconomic group, shall bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of state or county programs and policies.

"Meaningful involvement" means that:

(1) Potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and health;

(2) The public's contribution can influence the agency's decision;

(3) The concerns of all participants involved will be considered in the decision making process; and

(4) The decision makers seek out and facilitate the involvement of those potentially affected."

SECTION 3. Section 343-2, Hawaii Revised Statutes, is amended by amending the definitions of "environmental impact statement" or "statement" and "significant effect" to read as follows:

""Environmental impact statement" or "statement" means an informational document prepared in compliance with the rules adopted under section 343-6 and which discloses and, with respect to paragraph (2), proposes mitigation of, the [environmental] following:

(1) Environmental effects of a proposed action[, effects];

(2) Environmental justice impacts of a proposed action;

(3) Effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State[, effects];

(4) Effects of the economic activities arising out of the proposed action[, measures];

(5) Measures proposed to minimize adverse effects[,]; and [alternatives]

(6) Alternatives to the action and their environmental effects.

The initial statement filed for public review shall be referred to as the draft statement and shall be distinguished from the final statement, which is the document that has incorporated the public's comments and the responses to those comments. The final statement is the document that shall be evaluated for acceptability by the respective accepting authority.

"Significant effect" means the sum of effects on the quality of the environment, including actions that [irrevocably]:

(1) Irrevocably commit a natural resource[, curtail];

(2) Curtail the range of beneficial uses of the environment[, are];

(3) Are contrary to the State's environmental policies or long-term environmental goals as established by law[, or adversely];

(4) Adversely affect the economic welfare, social welfare, or cultural practices of the community and State[.]; or

(5) Adversely affect human health or environmental effects on minority and low-income populations."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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