HOUSE OF REPRESENTATIVES	H.C.R. NO.	70
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting the environmental advisory council and Office of Planning and Sustainable Development to collaborate with the University of Hawaii to update Chapter 343, Hawaii Revised Statutes, to reflect all factors that SHALL be considered for the environmental impact statement process, and requesting the Office of Planning and Sustainable Development and the department of land and natural resources to hold public forums on the FUTURE use of state lands currently leased to the military.

WHEREAS, the United States Army's sixty-five-year lease of approximately twenty-three thousand acres on Hawaii Island is scheduled to expire in August 2029; and

WHEREAS, different uses of those lands may be subject to the public review process set forth in Chapter 343, Hawaii Revised Statutes, regarding environmental impact statements; and

WHEREAS, historically, the military has contracted with private entities to study and draft the necessary documents to comply with the requirements of Chapter 343, Hawaii Revised Statutes; and

WHEREAS, these private entities have been incentivized to find that the proposed use of the land, which prompted compliance with Chapter 343, Hawaii Revised Statutes, would have "no significant impact" because making that finding would encourage the military to use the services of the private entity in the future; and

WHEREAS, the entity determining whether the proposed use of the land would result in a significant impact should instead be an independent party; and

WHEREAS, Chapter 343, Hawaii Revised Statutes, should be amended to require a process that requires independent review in consideration of Hawaiian culture, engineering, the environment, design, and other concerns; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Environmental Advisory Council and Office of Planning and Sustainable Development are requested to collaborate with the University of Hawaii to update Chapter 343, Hawaii Revised Statutes, to reflect all factors that shall be considered for the environmental impact statement process; and

BE IT FURTHER RESOLVED that the Environmental Advisory Council and Office of Planning and Sustainable Development are requested to collaborate with all applicable departments, offices, and centers of the University of Hawaii in updating Chapter 343, Hawaii Revised Statutes, including the Hawaiinuiakea School of Hawaiian Knowledge, College of Engineering, College of Tropical Agriculture and Human Resources, Department of Natural Resources and Environmental Management, and School of Architecture; and

BE IT FURTHER RESOLVED that to prevent incentivizing privately contracted entities from making findings of "no significant impact" or other findings beneficial to the applicant, the Environmental Advisory Council and Office of Planning and Sustainable Development are requested to include in its proposed legislation, provisions authorizing the Office of Planning and Sustainable Development or the Department of Land and Natural Resources to, when necessary, appoint an independent contractor or another neutral party to prepare the environmental assessment and, if necessary, the environmental impact statement; and

BE IT FURTHER RESOLVED that the Environmental Advisory Council and Office of Planning and Sustainable Development are requested to submit a draft report of their findings, recommendations, and proposed legislation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and

BE IT FURTHER RESOLVED that the Environmental Advisory Council, Office of Planning and Sustainable Development, and the Department of Land and Natural Resources are requested to gather public comments on the report and proposed amendments to Chapter 343, Hawaii Revised Statutes, by:

(1) Posting the report and proposed amendments to Chapter 343, Hawaii Revised Statutes, on the Department of Land and Natural Resource's website and accepting written comments by email or other electric means; and

(2) Holding at least one public forum in each of the counties; and

BE IT FURTHER RESOLVED that by 2025, the Environmental Advisory Council, Office of Planning and Sustainable Development, and the Department of Land and Natural Resources are requested to hold public forums in communities near state lands that are currently leased to the military to solicit community input on the future use of those lands; and

BE IT FURTHER RESOLVED that the Environmental Advisory Council and Office of Planning and Sustainable Development are requested to consider the public comments regarding the report and proposed amendments, consider the public comments regarding the future use of the state lands that are leased to the military, and submit a final report of their updated findings and recommendations and proposed legislation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Environmental Advisory Council, Director of the Office of Planning and Sustainable Development, and the President of the University of Hawaii, who is then requested to transmit copies

to the heads of the various departments, offices, and centers of the University of Hawaii mentioned in this Concurrent Resolution.

OFFERED BY:

_____________________________

Report Title:

Office of Planning and Sustainable Development; Environmental Impact Statement; Environmental Impact Assessment; Department of Land and Natural Resources