HOUSE OF REPRESENTATIVES

H.B. NO.

2611

TWENTY-SIXTH LEGISLATURE, 2012

 

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.  Chapter 343, Hawaii Revised Statutes, is amended to read as follows:

     "§343-     Exception to applicability of chapter.  (a)  Notwithstanding any other law to the contrary, if at the time an application for a secondary action is submitted, a [any] primary action that requires a permit or approval [that] is not subject to a discretionary consent, and that [involves a] secondary action [that] is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapter[.]; provided that the applicant shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required.

     (b)  As used in this section:

     "Discretionary consent" means:

     (1)  An action as defined in section 343-2; or

     (2)  An approval from a decision-making authority in an agency, which approval is subject to a public hearing.

     "Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements.

     "Primary action" refers to any action outside of the highway or public right-of-way that is on private property.

     "Secondary action" refers to any infrastructure within the highway or public right-of-way."

     This Act shall take effect on July 1, 2009[, and shall be repealed on July 1, 2013].

     SECTION 2. Chapter 343-5(c), Hawaii Revised Statutes, is amended to read as follows:

     "(c)  Whenever an applicant proposes an action specified by subsection (a) that requires approval of an agency and that is not a specific type of action declared exempt under section 343-6, the agency initially receiving and agreeing to process the request for approval shall require the applicant to prepare an environmental assessment of the proposed action at the earliest practicable time to determine whether an environmental impact statement shall be required; provided that, for an action that proposes the establishment of a renewable energy facility, a draft environmental impact statement shall be prepared at the earliest practicable time.  The final approving agency for the request for approval is not required to be the accepting authority."

     SECTION 3. Chapter 343-5(d), Hawaii Revised Statutes, is amended to read as follows:

     "(d)  Whenever an applicant requests approval for a proposed action and there is a question as to which of two or more state or county agencies with jurisdiction has the responsibility of determining whether an [preparing] environmental assessment is required, the office, after consultation with and assistance from the affected state or county agencies, shall determine which agency shall [prepare the assessment]determine whether the preparation of the assessment by the applicant is required."

     SECTION 4. Statutory material to be repealed is bracketed and new statutory material is underscored.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Environmental Impact Statements, Exceptions

 

Description:

Permanently amend chapter 343, Hawaii Revised Statutes to clarify current exemptions for secondary actions and require that applicants prepare environmental assessments when required.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.