Report Title:

Environmental Impact Statements; OEQC

Description:

Authorizes OEQC to review and override the determination of an agency's determination of whether its proposed action requires an environmental impact statement.

THE SENATE

S.B. NO.

708

TWENTY-SECOND LEGISLATURE, 2003

 

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, 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.

The legislature also finds that the present environmental review process allows the proposing agency to determine whether its own project may cause a significant impact. Because the proposing agency and the determining agency are the same, a conflict of interest exists. This Act reduces the conflict of interest by authorizing the office of environmental quality control to review the agency's determination, consult the agency, and make a final determination.

SECTION 2. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Whenever an agency proposes an action in subsection (a), other than feasibility or planning studies for possible future programs or projects which the agency has not approved, adopted, or funded, or other than the use of state or county funds for the acquisition of unimproved real property, which is not a specific type of action declared exempt under section 343-6, that agency shall prepare an environmental assessment for such action at the earliest practicable time to determine whether an environmental impact statement shall be required. For environmental assessments for which a finding of no significant impact is anticipated, a draft environmental assessment shall be made available for public review and comment for a period of thirty days. The office shall inform the public of the availability of the draft environmental assessment for public review and comments pursuant to section 343-3. The agency shall respond in writing to comments received during the review and prepare a final environmental assessment to determine whether an environmental impact statement shall be required. A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment. The agency shall file notice of such determination with the office [which, in turn, shall publish the agency’s]. The office may review the agency's determination, consult the agency, and make a final determination for the public’s information pursuant to section 343-3. The draft and final statements, if required, shall be prepared by the agency and submitted to the office. The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comments pursuant to section 343-3. The agency shall respond in writing to comments received during the review and prepare a final statement. The office, when requested by the agency, may make a recommendation as to the acceptability of the final statement. The final authority to accept a final statement shall rest with:

(1) The governor, or the governor’s authorized representative, whenever an action proposes the use of state lands or the use of state funds or whenever a state agency proposes an action within the categories in subsection (a); or

(2) The mayor, or the mayor’s authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds.

Acceptance of a required final statement shall be a condition precedent to implementation of the proposed action. Upon acceptance or nonacceptance of the final statement, the governor or mayor, or the governor’s or mayor’s authorized representative, shall file notice of such determination with the office. The office, in turn, shall publish the determination of acceptance or nonacceptance pursuant to section 343-3."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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