STAND. COM. REP. NO. 3190

Honolulu, Hawaii

RE: S.B. No. 2663

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2663, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENTAL IMPACT STATEMENT LAW,"

begs leave to report as follows:

The purpose and intent of this measure is to ensure that the State's environmental review process accurately and timely protects impacted communities.

Specifically, the measure requires, with respect to an unimplemented action proposed under the environmental review provisions of section 343-5, Hawaii Revised Statutes, the preparation of:

(1) A supplemental environmental assessment after the passage of fifteen years from the date of the determination of a finding of no significant impact; and

(2) A supplemental environmental impact statement after the passage of fifteen years from the date of the acceptance of the statement.

Your Committee received written comments in support of this measure from one individual.

Written comments in opposition were received from the Office of Planning.

The Maui Chamber of Commerce submitted written comments on the measure.

Your Committee finds that a finite "shelf life" or period of validity for environmental assessments and environmental impact statements will help to provide more certainty and clarity for proposed projects. However, your Committee also finds that, in furtherance of the Governor's stated renewable energy goals, an exemption for actions involving renewable energy projects is warranted and that this narrow exemption will result in a net benefit for the people of Hawaii.

Accordingly, your Committee has amended this measure by:

(1) Specifying that the requirement for a supplemental environmental assessment or environmental impact statement does not apply to an action involving a renewable energy project;

(2) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

(3) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2663, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2663, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair