Report Title:

Environmental justice; strategies and research

Description:

Requires government agencies to develop, implement, and report on environmental justice strategies; creates an interagency working group to assist government agencies in discharging their environmental justice responsibilities; creates an advisory committee of nongovernmental groups to advise the working group; requires environmental research, data collection, and analysis; requires agencies to consider environmental justice principles in determining whether an action will have a significant effect.

THE SENATE

S.B. NO.

1593

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ENVIRONMENTAL JUSTICE.

 

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

SECTION 1. The legislature finds that government actions, or private actions approved by government agencies, have too often had disproportionately adverse effects on the health, environment and quality of life of residents in native Hawaiian and lower-income communities. Too often these communities--because of their low income or lack of political influence--are exposed to greater risks from toxins and dangerous substances. Too often it has been possible and convenient to locate waste dumps, industrial facilities, and chemical storage warehouses in these communities with less care than would be taken in other locations. These communities are thought of as expendable--without full appreciation that human beings, who deserve to be treated with respect and dignity are living, working, and raising families there. Instead, by providing clean, healthy and quality environments within and around these communities, we provide hope for the future and enhance the opportunities that these citizens have to improve their condition.

The purpose of this Act is to require state and county agencies that control the siting and disposing of hazardous materials, store toxins or release pollutants at their facilities, or issue permits for these kinds of activities, to give fair treatment to native Hawaiian and low-income populations. This Act requires state and county agencies to address environmental justice concerns as part of their missions, develop environmental justice strategies, evaluate the effects of proposed actions on the health and environment of native Hawaiian and low-income communities, avoid creating disproportionate adverse impacts on the health or environment of native Hawaiian and low-income communities, and collect data and carry out research the effects of facilities on health and environment of native Hawaiian and low-income communities.

This Act also establishes two committees: an Interagency Environmental Justice Working Group to develop strategies, provide guidance, coordinate research, convene public meetings, and conduct inquiries regarding environmental justice issues; and an Environmental Justice Advisory Committee, including members of community-based groups, business, academic, state and county agencies, and environmental organizations that will provide input and advice to the Interagency Working Group.

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

"Chapter

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Environmental justice" means the fair treatment of people of all races, cultures, and socioeconomic groups with respect to the development, adoption, implementation, and enforcement of laws, rules, and policies affecting the environment.

"Fair treatment" means policies and practices that will minimize the likelihood that a native Hawaiian or low-income community will bear a disproportionate share of the adverse environmental consequences, or be denied reasonable access to the environmental benefits, resulting from implementation of a government agency's program or policy.

"Government agency" means the departments, offices, boards and commissions, and other subdivisions of the executive branch of state and county government and includes the office of Hawaiian affairs.

"Working group" means the interagency working group established by section -3.

"Advisory committee" means the advisory committee established by section -6.

§ -2 Environmental justice responsibilities of government agencies. (a) To the greatest extent practicable, the head of each government agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on native Hawaiian and low-income populations.

(b) Each government agency shall conduct its programs, policies, and activities in a manner that ensures that such programs, policies, and activities do not have the effect of excluding any person or group from participation in, denying any person or group the benefits of, or subjecting any person or group to discrimination under, such programs, policies, and activities, because of race, color, national origin, or income.

(c) Each analysis of environmental effects of actions required by chapter 343 shall include analysis of the effects of such action on human health and any economic and social effects on native Hawaiian and low-income communities. So far as feasible, any environmental impact statement shall include measures to mitigate any significant and adverse environmental effects on native Hawaiian and low-income communities of proposed actions by government agencies or private actions requiring government agency approval. Each government agency shall provide opportunities for community input in processes under chapter 343, including identifying potential effects and mitigation measures in consultation with affected communities and improving the accessibility of meetings, crucial documents, and notices.

§ -3 Interagency environmental justice working group. (a) There is established in the department of health for administrative purposes the interagency working group on environmental justice, comprising the heads of the following government agencies, or their designees:

(1) City and County of Honolulu;

(2) County of Hawaii;

(3) County of Kauai;

(4) County of Maui;

(5) Department of accounting and general services;

(6) Department of agriculture;

(7) Department of the attorney general;

(8) Department of budget and finance;

(9) Department of commerce and consumer affairs;

(10) Department of defense;

(11) Department of education;

(12) Department of Hawaiian home lands;

(13) Department of health;

(14) Department of human services;

(15) Department of labor and industrial relations;

(16) Department of land and natural resources;

(17) Department of public safety;

(18) Department of transportation;

(19) Office of Hawaiian affairs;

(20) Office of Environmental Quality Control; and

(21) University of Hawaii.

(b) The working group shall:

(1) Provide guidance to government agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on native Hawaiian and low-income populations;

(2) Coordinate with, provide guidance to, and serve as a clearinghouse for, each government agency as it develops or revises an environmental justice strategy as required by this chapter, in order to ensure that the administration, interpretation and enforcement of programs, activities, and policies are undertaken in a consistent manner;

(3) Assist in coordinating research by, and stimulating cooperation among, the department of health, the department of human services, the office of environmental quality control, and other government agencies conducting research or other activities in accordance with section -7;

(4) Assist in coordinating data collection, maintenance, and analysis required by this chapter;

(5) Examine existing data and studies on environmental justice;

(6) Hold public meetings and otherwise solicit public participation and consider complaints as required under subsection (c);

(7) Develop interagency model projects on environmental justice that evidence cooperation among government agencies; and

(8) In coordination with the office of Hawaiian affairs and after consultation with Hawaiian leaders, coordinate steps to be taken pursuant to this chapter that affect or involve native Hawaiians.

(c) The working group shall:

(1) Hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this chapter, and prepare for public review a summary of the comments and recommendations provided; and

(2) Receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding environmental justice and the implementation of this chapter by government agencies.

(d) Not less than twenty days prior to the convening of each regular session, the working group shall submit to the legislature a report that describes the implementation of this chapter, including, but not limited to, a report of the final environmental justice strategies described in section -6 and annual progress made in implementing those strategies.

§ -4 Agency wide strategies; revisions; timetables.

(a) Each government agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on native Hawaiian and low-income populations.

(b) Each strategy developed pursuant to subsection (a) shall identify programs, policies, planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to:

(1) Promote enforcement of all health and environmental statutes in areas with native Hawaiian and low-income populations;

(2) Ensure greater public participation;

(3) Improve research and data collection relating to the health of and environment of and native Hawaiian and low-income populations; and

(4) Identify differential patterns of use of natural resources among native Hawaiian and low-income populations.

(c) Each strategy developed pursuant to subsection (a) shall include, where appropriate, a timetable for undertaking revisions identified pursuant to subsection (b).

§ -5 Environmental justice advisory committee. (a) There is established the environmental justice advisory committee. The advisory committee shall provide independent advice and recommendations to the working group on areas relating to environmental justice, which may include any of the following:

(1) Advice on government agencies' framework development for integrating socioeconomic programs into strategic planning, annual planning, and management accountability for achieving environmental justice results agency-wide;

(2) Advice on measuring and evaluating government agencies' progress, quality, and adequacy in planning, developing, and implementing environmental justice strategies, projects, and programs;

(3) Advice on government agencies' existing and future information management systems, technologies, and data collection, and the conduct of analyses that support and strengthen environmental justice programs in administrative and scientific areas;

(4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the government agencies' scientific research and demonstration projects relating to environmental justice;

(5) Advice for improving how the government agency and others participate, cooperate, and communicate within that agency and between other government agencies, native Hawaiian organizations, environmental justice leaders, interest groups, and the public;

(6) Advice regarding the department of health's administration of any grant programs relating to environmental justice assistance (not to include the review or recommendations of individual grant proposals or awards); and

(7) Advice regarding agencies' awareness, education, training, and other outreach activities involving environmental justice.

(b) The advisory committee shall be composed of at least 25 members appointed by the governor. Twelve of the members shall be appointed from a list of nominees submitted by the speaker of the house of representatives and thirteen shall be appointed from a list of nominees submitted by the president of the senate. Members shall include representatives of:

(1) community-based groups, including native Hawaiian organizations;

(2) industry and business;

(3) academic and educational institutions; and

(4) nongovernmental and environmental groups.

(c) Meetings of the advisory committee shall be held as needed, but not less than twice annually, and shall be conducted by the director of environmental quality control.

§ -6 Human health and environmental research, data collection, and analysis. (a) To the extent otherwise permitted by law, the director of health shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by native Hawaiian and low-income populations. To the extent practical and appropriate, government agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health or environmental effects on native Hawaiian and low-income populations.

(b) In connection with the development and implementation of agency strategies in section -4, the director of health shall collect, maintain, and analyze readily accessible and appropriate information for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on surrounding native Hawaiian or low-income populations, if such facilities or sites become the subject of a substantial administrative or judicial action.

(c) The director of environmental quality control, or such other agency within the department of health as the director of health may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding government agency facilities that are expected to have a substantial environmental, human health, or economic effect on surrounding populations.

(d) In carrying out the responsibilities in this section, each government agency, to the extent practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among agencies. Except as prohibited by other applicable law, information collected or maintained pursuant to this section shall be made available to the public.

(e) Agencies shall provide native Hawaiian and low-income populations the opportunity to participate in the development, design, and conduct of activities undertaken pursuant to this section."

SECTION 3. Section 343-1, Hawaii Revised Statutes, is amended to read as follows:

"§343-1 Findings and purpose. The legislature finds that the quality of humanity’s environment is critical to humanity’s well being, that humanity’s activities have broad and profound effects upon the interrelations of all components of the environment, and that an environmental review process will integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions. The legislature further finds that the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, consideration is given to equitable allocation of the burden of actions impacting the environment among the various communities in the State, and public participation during the review process benefits all parties involved and society as a whole.

It is the purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations."

SECTION 4. Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "significant effect" to read as follows:

""Significant effect" means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State’s environmental policies or long-term environmental goals as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State. When determining whether an action will have a significant effect on the environment, the agency shall consider:

(1) The composition of the affected area to determine whether native Hawaiian or low-income populations are present in the area affected by the proposed action and, if so, whether there may be disproportionately high and adverse health or environmental effects on native Hawaiian or low-income populations;

(2) Relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards to determine whether there are disproportionately high and adverse human health effects or environmental effects on native Hawaiian or low-income populations from the proposed action, even if multiple or cumulative effects are not within the control or subject to the discretion of the agency or applicant; and

(3) The interrelated cultural, social, occupational, historical, or economic factors that may amplify the natural and physical environmental effects of the proposed actions, including the physical sensitivity of the community or population to particular impacts, the effect of any disruption on the community structure associated with the proposed action, and the nature and degree of impact on the physical and social structure of the community."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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