Report Title:

Environmental impact statements

Description:

Requires an environmental assessment for proposed wastewater facilities, waste-to-energy facilities, landfills, oil refineries, and power generating facilities. (HB471 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

471

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to environmental impact statements.

 

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

SECTION 1. The legislature finds that environmental assessments and impact statements prepared under chapter 343, Hawaii Revised Statutes (HRS), disclose the environmental, social, cultural, and economic effects of future development to the public and decision-makers and provide an excellent basis for making informed decisions on projects.

Loopholes in the present environmental review process allow the construction of wastewater facilities, waste-to-energy facilities, landfills, oil refineries, and power-generating facilities to proceed without environmental assessments or impact statements. Requiring environmental assessment procedures for those projects under chapter 343, HRS, would ensure that decision-makers have the proper information about environmental, social, cultural, and economic consequences before approving the facilities.

The purpose of this Act is to require an environmental assessment for proposed wastewater facilities, waste-to-energy facilities, landfills, oil refineries, and power-generating facilities.

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

""Power-generating facility" means a new electricity-generating facility or an expansion in generating capacity of an existing electricity-generating facility where the incremental electrical output rating of the new equipment exceeds 5.0 megawatts."

SECTION 3. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, an environmental assessment shall be required for actions [which:] that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects [which] that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies;

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within [the] a shoreline area as defined in section 205A-41;

(4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

(6) Propose any amendments to existing county general plans where [such] the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

(7) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205; [and]

[[](8)[]] Propose the construction of new[,] or the expansion or modification of existing helicopter facilities within the State, which, by way of their activities, may affect any land classified as a conservation district by the state land use commission under chapter 205; [the] a shoreline area as defined in section 205A-41; or[,] any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E[;], or, until the statewide historic places inventory is completed, any historic site found by a field reconnaissance of the area affected by the helicopter facility and which is under consideration for placement on the National Register or the Hawaii Register of Historic Places[.]; and

(9) Propose any wastewater facility, waste-to-energy facility, landfill, oil refinery, or power-generating facility."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.