Report Title:

Environmental Assessment, "Big Box" Stores

Description:

Requires an environment assessment for any large single store or cluster of stores.

HOUSE OF REPRESENTATIVES

H.B. NO.

943

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ENVIRONMENTAL ASSESSMENTS.

 

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

SECTION 1. The State has a system of required environmental assessments and environmental impact statements that are meant to curb abuse and maintain protection for land, one of our most precious and limited resources. At present, these protections are directed primarily at conservation land and land of historic or particularly scenic value. The statute is largely silent about protecting our urban land, except for Waikiki.

Yet urban land, where most our population lives, also needs protection. Well-planned urban development can make city life easy, pleasant, and comfortable; poor urban planning can make it a nightmare. One common urban planning problem is the development of the so-called "big box" stores that specialize in high-volume sales. These stores have a tremendous impact in their locales due to increased traffic, parking issues, noise, and late-night activity. An environmental assessment and concomitant environmental impact statement should be a prerequisite for these big box developments to evaluate their impacts on their surrounding communities.

The purpose of this Act is to add big box stores to the types of proposals for which an environmental assessment and, if needed, an environmental impact statement are required.

SECTION 2. 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 conservation district by the state land use commission under chapter 205;

(3) Propose any use within the 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 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 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 conservation district by the state land use commission under chapter 205; the 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 development consisting of one or more wholesale or retail stores whose total floor area exceeds one hundred thousand square feet."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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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