HOUSE OF REPRESENTATIVES

H.B. NO.

5

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the environment.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that climate change is becoming the existential issue of our age.  Global warming is expected to cause sea levels to rise one foot by 2050 and three feet by 2100.  These rising sea levels will flood billions of dollars in property and displace millions of people, homes, and businesses along the coast.  Global increased heat and humidity will also greatly increase the risk of anyone spending time outdoors to life-threatening heat stroke, which will harm tourism, construction, and countless other industries.  Major agricultural regions in the United States Southeast and Corn Belt may lose their farming industries as higher temperatures and water stress take a toll on crops.  Endangered and threatened species, already suffering from declining population numbers, may not be able to survive rising temperatures, decreased moisture, and increased competition from other species.  Currently in Hawaii, scientists have documented the decline of the Haleakala silversword, a plant subspecies found only on the high volcanic slopes of Maui.  Climate change has created an environment that is too warm and dry for seedlings to survive and the population is now less than half of what it was a few decades ago.

     The purpose of this Act is to address global warming by requiring a climate change analysis to be included in environmental assessments and environmental impact statements.

     SECTION 2.  Section 343-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  After consultation with the affected agencies, the council shall adopt, amend, or repeal necessary rules for the purposes of this chapter in accordance with chapter 91 including, but not limited to, rules that shall:

     (1)  Prescribe the procedures whereby a group of proposed actions may be treated by a single environmental assessment or statement;

     (2)  Establish procedures whereby specific types of actions, because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an environmental assessment;

     (3)  Prescribe procedures for the preparation of an environmental assessment;

     (4)  Prescribe the contents of an environmental assessment;

     (5)  Prescribe procedures for informing the public of determinations that a statement is either required or not required, for informing the public of the availability of draft environmental impact statements for review and comments, and for informing the public of the acceptance or nonacceptance of the final environmental statement;

     (6)  Prescribe the contents of an environmental impact statement;

     (7)  Prescribe procedures for the submission, distribution, review, acceptance or nonacceptance, and withdrawal of an environmental impact statement;

     (8)  Establish criteria to determine whether an environmental impact statement is acceptable or not; [and]

     (9)  Prescribe procedures to appeal the nonacceptance of an environmental impact statement to the environmental council[.]; and

    (10)  Prescribe that all environmental assessments and statements shall include a climate change analysis and establish criteria for the analysis."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

 

INTRODUCED BY:

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Report Title:

Environmental Impact Statement; Environmental Assessment; Climate Change Analysis

 

Description:

Requires the environmental council to adopt rules that require all environmental impact statements and environmental assessments include climate change analysis.

 

 

 

 

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