STAND. COM. REP. NO. 272-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2314

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 2314 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS,"

begs leave to report as follows:

The purpose of this bill is to clarify the law relating to acceptance of environmental assessments and environmental impact statements (EIS) by specifically authorizing the respective planning departments to process and accept these informational documents.

The Office of Environmental Quality Control (OEQC), Land Use Research Foundation of Hawaii, and Kaanapali Development Corporation supported this bill. The Sierra Club, Hawaii Chapter, opposed this measure.

Your Committee is concerned that a potential conflict of interest may arise where the proposing agency and the agency determining whether an EIS should be required are the same agency.

Accordingly, your Committee has amended this bill by:

(1) Allowing OEQC to review an agency's determination on the need for an EIS, consult with the agency, and make a final determination, where the proposing agency and the agency making a determination for an EIS are the same;

(2) Removing the amendments that clarified that the accepting agency or authority for an EIS is not required to be the approving agency for the permit or approval, as those amendments have been addressed by H.B. No. 2052, H.D. 1;

(3) Conforming the purpose clause to reflect the revisions made in this draft; and

(4) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2314, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2314, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,

 

____________________________

HERMINA M. MORITA, Chair