STAND. COM. REP. NO. 1246

Honolulu, Hawaii

, 2005

RE: H.B. No. 408

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy, Environment, and International Affairs, to which was referred H.B. No. 408, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

begs leave to report as follows:

The purpose of this measure is to allow the Office of Environmental Quality Control (OEQC) to review an agency's determination, consult with the agency, and make a final determination in cases where a conflict of interest exists because the proposing agency and the agency making the determination are the same.

Testimony supporting this measure was received from the Sierra Club Hawaii Chapter, Waikiki Residents Association, and University of Hawaii Environmental Center. The OEQC supported the intent of the measure but questioned whether the measure was necessary. Testimony in opposition to the measure was received from the Department of Transportation, Honolulu Board of Water Supply, Honolulu Department of Parks and Recreation, and Honolulu Department of Environmental Services. The Land Use Research Foundation offered comments.

Your Committee finds that agency planners consult with the OEQC throughout the environmental assessment process for clarification of requirements and technical issues under the environmental impact statement (EIS) law. Your Committee further finds that current law provides for avenues to contest any determination that may be suspect. Testimony indicated that wastewater facilities, added to the review process by Act 55, Session Laws of Hawaii 2004, was not defined at that time and has created some ambiguity in application of the EIS law to wastewater systems.

Your Committee has amended this measure by deleting references to review by the OEQC of agency determinations under section 343-5, Hawaii Revised Statutes. Your Committee has further amended this measure by adding definitions for "collection system," "disposal system," "individual wastewater system," treatment unit," "treatment works," and "wastewater facility," to section 343-2, Hawaii Revised Statutes, that relate to wastewater facilities. Your Committee has also amended the measure by changing the effective date to July 1, 2005.

As affirmed by the record of votes of the members of your Committee on Energy, Environment, and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 408, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 408, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Energy, Environment, and International Affairs,

____________________________

J. KALANI ENGLISH, Chair