Report Title:

Environmental Impact Statements; Environmental Justice

Description:

Requires the disclosure and proposed mitigation of environmental justice impacts in environmental impact statements. Creates a working group. (SB1593 HD1)

THE SENATE

S.B. NO.

1593

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

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 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:

(1) Require the disclosure and proposed mitigation of environmental justice impacts in all environmental impact statements for proposed actions in this State; and

(2) Create an environmental justice working group to develop guidelines for public review and comment, and make recommendations on whether such guidelines should be adopted by agency policy, rule, ordinance, or statute.

SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""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."

2. By amending the definitions of "environmental impact statement" or "statement" and "significant effect" to read:

""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 3. (a) The environmental health administration of

the department of health and the office of environmental quality

control shall convene an environmental justice working group

consisting of participants from State and county environmental

permitting agencies.

(b) The working group shall:

(1) Develop environmental justice guidelines for public

review and comment; and

(2) Make recommendations on whether such guidelines should

be adopted by agency policy, rule, ordinance, or

statute.

(c) The working group shall report to the legislature on

its progress and recommendations no later than twenty days

before the convening of the Regular Session of 2004.

(d) The working group shall terminate on July 1, 2004.

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.