Hawaii-2012-HB2040-Introduced

SECTION 1. The legislature finds that the office of environmental quality control is greatly understaffed, and, as a result, struggles to fulfill its duty to ensure environmental protection in Hawaii.

The purpose of this Act is to assist the office of environmental quality control by:

(1) Authorizing it to establish fees to help fund its activities;

(2) Enabling it to hire adequate staff;

(3) Providing support for its outreach, training, education, and research programs; and

(4) Enabling it to modernize and maintain technology systems.

SECTION 2. Chapter 341, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§341-A Environmental review special fund; use of funds. (a) There is established in the state treasury the environmental review special fund, into which shall be deposited:

(1) All filing fees and other administrative fees collected by the office;

(2) Moneys collected pursuant to section 341-B;

(3) All accrued interest from the special fund; and

(4) Moneys appropriated to the special fund by the legislature.

The environmental review special fund shall be administered by the office.

(b) Moneys in the environmental review special fund shall be used to:

(1) Fund the activities of the office and the council in fulfillment of their duties pursuant to this chapter and chapter 343, including administrative, staffing, and office expenses and servicing of agency documents relating to the environmental review process; provided that the director may appoint personnel exempt from chapters 76 and 89;

(2) Support outreach, training, education, and research programs pursuant to section 341-4; and

(3) Modernize technology, maintain technology systems, and develop technology training programs.

§341-B Fees. (a) No later than June 30, 2014, the office, in consultation with the council, shall adopt rules pursuant to chapter 91 to establish filing fees and any other fees necessary for the administration and management of the office and the council.

(b) The office shall collect filing fees from all applicants, including state and county agencies, that are required to file environmental review documents pursuant to chapter 343.

(1) The cost of the proposed action does not exceed $500,000;

(2) The applicant's annual revenue does not exceed $1,000,000; and

(3) The applicant has fewer than ten employees.

§341-C Reporting. No later than twenty days prior to the convening of the regular session of each year, beginning with the regular session of 2013, the office shall submit a report to the legislature containing the following information for the previous calendar year:

(1) The number and type of environmental review documents filed with the office, including the amount of the fees received for each document;

(2) For each environmental document filed with the office, whether the applicant is a county or state agency or a private entity; and

(3) The total amount of fees collected pursuant to section 341‑B and section 3 of Act , Session Laws of Hawaii 2012."

SECTION 3. The office of environmental quality control shall impose and collect interim filing fees from all applicants, including state and county agencies, that are required to file environmental review documents pursuant to chapter 343, Hawaii Revised Statutes, and that have not been granted a waiver pursuant to section 341-B(c), Hawaii Revised Statutes. Until superseded by fees established pursuant to section 341‑B, Hawaii Revised Statutes, the interim filing fees shall be as follows:

(1) $ for a draft environmental assessment;

(2) $ for a final environmental assessment;

(3) $ for an environmental impact statement preparation notice;

(4) $ for a draft environmental impact statement;

(5) $ for a final environmental impact statement;

(6) $ for other significant addenda to a final environmental assessment;

(7) $ for a final environmental assessment preparation notice or supplemental environmental impact statement preparation notice;

(8) $ for a supplemental draft environmental impact statement; and

(9) $ for any supplemental final environmental impact statement.

The interim filing fees shall be deposited into the environmental review special fund established under section 341-A, Hawaii Revised Statutes, and used for the purposes enumerated in section 341-A(b), Hawaii Revised Statutes.

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall:

(1) Substitute appropriate section numbers for the letters used in designating the new sections in this Act; and

(2) Insert the corresponding act number of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2012; provided that the interim filing fees established by section 3 of this Act shall take effect on August 1, 2012; provided further that any environmental review documents filed with the office of environmental quality control pursuant to chapter 343, Hawaii Revised Statutes, before December 31, 2012, shall be exempt from the payment of any filing fees under section 341-B, Hawaii Revised Statutes, or interim filing fees under section 3 of this Act.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2040
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII