Report Title:
Environmental Assessments
Description:
Requires an environmental assessment for actions that propose any wastewater facility, waste-to-energy facility, landfill, oil refinery, or power generating facility with development costs greater than $1,000,000; and for any development within the SMA that requires a special management area use permit.
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THE SENATE |
S.B. NO. |
2925 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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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 the special management areas are important for statewide economic development and recreation needs as well as for environmental protection. Chapter 205A, Hawaii Revised Statutes, gives management and regulatory responsibility for special management areas to the respective county governments.
The county governments have various procedures to assess the impacts of development in the special management area. The counties' environmental assessment systems are different from each other and from the state environmental review process established in chapter 343, Hawaii Revised Statutes. These different standards cause confusion among the public and reviewing agencies.
Requiring chapter 343, Hawaii Revised Statutes, environmental assessment procedures for development in the special management area would promote consistency as well as improve the management of the special management areas.
SECTION 2. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided, an environmental assessment shall be required for actions which:
(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects which the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies;
(2) Propose any use within any land classified as conservation district by the state land use commission under chapter 205;
(3) Propose any use within the shoreline area as defined in section 205A-41; or propose any development within the special management area that requires a special management area use permit as defined in section 205A-22;
(4) Propose any use within any historic site as designated in the National Register or Hawaii Register as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;
(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";
(6) Propose any amendments to existing county general plans where such amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;
(7) Propose any reclassification of any land classified as conservation district by the state land use commission under chapter 205; [and]
[[](8)[]] Propose the construction of new, or the expansion or modification of existing helicopter facilities within the State which by way of their activities may affect any land classified as conservation district by the state land use commission under chapter 205; the shoreline area as defined in section 205A-41; or, any historic site as designated in the National Register or Hawaii Register as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or, until the statewide historic places inventory is completed, any historic site found by a field reconnaissance of the area affected by the helicopter facility and which is under consideration for placement on the National Register or the Hawaii Register of Historic Places[.]; and
(9) Propose any wastewater facility, waste-to-energy facility, landfill, oil refinery, or power generating facility, the development cost of which is greater than $1,000,000."
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.
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INTRODUCED BY: |
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