Bill Text: HI HB361 | 2022 | Regular Session | Introduced
Bill Title: Relating To Environmental Impact Statements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB361 Detail]
Download: Hawaii-2022-HB361-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
361 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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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. Section 343-5, Hawaii Revised Statutes, is amended to read as follows:
"§343-5 Applicability and requirements. (a) Except as otherwise provided, an environmental assessment shall be required for actions that:
(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 that 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; provided further that an environmental
assessment for proposed uses under section 205-2(d)(11) or 205-4.5(a)(13) shall
only be required pursuant to section 205-5(b);
(2) Propose
any use within any land classified as a conservation district by the state land
use commission under chapter 205;
(3) Propose
any use within a shoreline area as defined in section 205A-41;
(4) Propose
any use within any historic site as designated in the National Register [or
Hawaii Register,] of Historic Places or the Hawaii register of historic places,
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 the 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 a conservation district by the
state land use commission under chapter 205;
(8) Propose
the construction of new or the expansion or modification of existing helicopter
facilities within the State, that by way of their activities, may affect:
(A) Any
land classified as a conservation district by the state land use commission
under chapter 205;
(B) A
shoreline area as defined in section 205A-41; or
(C) Any
historic site as designated in the National Register [or Hawaii Register,]
of Historic Places or the Hawaii register of historic places, 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 that is found by a field reconnaissance of the area affected by
the helicopter facility and is under consideration for placement on the
National Register [or the Hawaii Register of Historic Places;] of Historic
Places or the Hawaii register of historic places; and
(9) Propose any:
(A) Wastewater
treatment unit, except an individual wastewater system or a wastewater
treatment unit serving fewer than fifty single-family dwellings or the
equivalent;
(B) Waste-to-energy
facility;
(C) Landfill;
(D) Oil
refinery; or
(E) Power-generating
facility.
(b) Whenever an agency proposes an action in
subsection (a), other than feasibility or planning studies for possible
future programs or projects that the agency has not approved, adopted, or
funded, or other than the use of state or county funds for the acquisition of
unimproved real property that is not a specific type of action declared exempt
under section 343‑6, the agency shall prepare an environmental
assessment for the action at the earliest practicable time to determine whether
an environmental impact statement shall be required; provided that if the
agency determines, through its judgment and experience, that an environmental
impact statement is likely to be required, the agency may choose not to prepare
an environmental assessment and instead shall prepare an environmental impact
statement that begins with the preparation of an environmental impact statement
preparation notice as provided by rules.
(c) For environmental assessments for which a finding of no significant impact is anticipated:
(1) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;
(2) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3;
(3) The agency shall respond in writing to comments received during the review and prepare a final environmental assessment to determine whether an environmental impact statement shall be required;
(4) A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment; and
(5) The agency shall file notice of the determination with the office. When a conflict of interest may exist because the proposing agency and the agency making the determination are the same, the office may review the agency's determination, consult the agency, and advise the agency of potential conflicts, to comply with this section. The office shall publish the final determination for the public's information pursuant to section 343-3.
The
draft and final statements, if required, shall be prepared by the agency and
submitted to the office. The draft
statement shall be made available for public review and comment through the
office for a period of forty-five days. The office shall inform the public of the
availability of the draft statement for public review and comment pursuant to section 343‑3. The agency shall respond in writing to
comments received during the review and prepare a final statement.
The
office, when requested by the agency, may make a recommendation as to the
acceptability of the final statement.
(d) The final authority to accept a final statement shall rest with:
(1) The governor, or the governor's authorized representative, whenever an action proposes the use of state lands or the use of state funds, or whenever a state agency proposes an action within the categories in subsection (a); or
(2) The mayor, or the mayor's authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds.
Acceptance of a required final statement
shall be a condition precedent to implementation of the proposed action. Upon
acceptance or nonacceptance of the final statement, the governor or mayor, or
the governor's or mayor's authorized representative, shall file notice of such
determination with the office. The
office, in turn, shall publish the determination of acceptance or nonacceptance
pursuant to section 343-3.
(e) Whenever an applicant proposes an action specified
by subsection (a) that requires approval of an agency and that is not a
specific type of action declared exempt under section 343‑6, the
agency initially receiving and agreeing to process the request for approval
shall require the applicant to prepare an environmental assessment of the
proposed action at the earliest practicable time to determine whether an environmental
impact statement shall be required; provided that if the agency determines,
through its judgment and experience, that an environmental impact statement is
likely to be required, the agency may authorize the applicant to choose not to
prepare an environmental assessment and instead prepare an environmental impact
statement that begins with the preparation of an environmental impact statement
preparation notice as provided by rules. The final approving agency for the request for
approval is not required to be the accepting authority.
For environmental assessments for which a
finding of no significant impact is anticipated:
(1) A
draft environmental assessment shall be made available for public review and
comment for a period of thirty days;
(2) The
office shall inform the public of the availability of the draft environmental
assessment for public review and comment pursuant to section 343-3; and
(3) The
applicant shall respond in writing to comments received during the review and
the applicant shall prepare a final environmental assessment to determine
whether an environmental impact statement shall be required. A statement shall be required if the agency
finds that the proposed action may have a significant effect on the
environment. The agency shall file
notice of the agency's determination with the office, which, in turn, shall
publish the agency's determination for the public's information pursuant to
section 343-3.
The
draft and final statements, if required, shall be prepared by the applicant,
who shall file these statements with the office.
The draft statement shall be made available
for public review and comment through the office for a period of forty-five
days. The office shall inform the public
of the availability of the draft statement for public review and comment
pursuant to section 343-3.
The
applicant shall respond in writing to comments received during the review and
prepare a final statement. The office,
when requested by the applicant or agency, may make a recommendation as to the
acceptability of the final statement.
The
authority to accept a final statement shall rest with the agency initially
receiving and agreeing to process the request for approval. The final decision-making body or approving
agency for the request for approval is not required to be the accepting
authority. The planning department for
the county in which the proposed action will occur shall be a permissible
accepting authority for the final statement.
Acceptance of a required final statement
shall be a condition precedent to approval of the request and commencement of
the proposed action. Upon acceptance or
nonacceptance of the final statement, the agency shall file notice of the
determination with the office. The
office, in turn, shall publish the determination of acceptance or nonacceptance
of the final statement pursuant to section 343‑3.
The agency receiving the request, within thirty
days of receipt of the final statement, shall notify the applicant and the
office of the acceptance or nonacceptance of the final statement. The final statement shall be deemed to be
accepted if the agency fails to accept or not accept the final statement within
thirty days after receipt of the final statement; provided that the thirty-day
period may be extended at the request of the applicant for a period not to
exceed fifteen days.
In any acceptance or nonacceptance, the agency
shall provide the applicant with the specific findings and reasons for its
determination. An applicant, within
sixty days after nonacceptance of a final statement by an agency, may appeal
the nonacceptance to the environmental council, which, within thirty days of receipt
of the appeal, shall notify the applicant of the council's determination. In any affirmation or reversal of an appealed
nonacceptance, the council shall provide the applicant and agency with specific
findings and reasons for its determination.
The agency shall abide by the council's decision.
(f)
Whenever an applicant requests approval for a proposed action and there
is a question as to which of two or more state or county agencies with
jurisdiction has the responsibility of determining whether an environmental
assessment is required, the office, after consultation with and assistance from
the affected state or county agencies, shall determine which agency has the
responsibility for determining whether an environmental assessment by the applicant
is required, except in situations involving secondary actions under section
343-5.5; provided that in no case shall the office be considered the approving
agency.
(g)
In preparing an environmental assessment, an agency may consider and, where
applicable and appropriate, incorporate by reference, in whole or in part,
previous determinations of whether a statement is required and previously
accepted statements. The council, by
rule, shall establish criteria and procedures for the use of previous determinations
and statements.
(h)
Whenever an action is subject to both the National Environmental Policy
Act of 1969 (Public Law 91-190) and the requirements of this chapter, the
office and agencies shall cooperate with federal agencies to the fullest extent
possible to reduce duplication between federal and state requirements. Such cooperation, to the fullest extent
possible, shall include joint environmental impact statements with concurrent
public review and processing at both levels of government. Where federal law has environmental impact
statement requirements in addition to but not in conflict with this chapter,
the office and agencies shall cooperate in fulfilling these requirements so
that one document shall comply with all applicable laws.
(i)
A statement that is accepted with respect to a particular action shall
satisfy the requirements of this chapter, and no other statement for the
proposed action shall be required.
(j) Notwithstanding anything in this chapter to
the contrary, if a project, other than one involving a renewable energy project;
or a housing project that has commenced and has completed ten per cent of its affordable
or workforce housing component, has not been issued a certificate of occupancy within
fifteen years of the date of:
(1) The determination
of a finding of no significant impact, the agency that prepared the
environmental assessment shall prepare a supplemental environmental assessment;
or
(2) The acceptance
of an environmental impact statement, the accepting authority shall require the
preparation of a supplemental environmental impact statement.
(k) When a supplemental environmental assessment
or environmental impact statement is required pursuant to subsection (j), the
supplemental document shall comply with all the requirements of this chapter,
including the review and filing deadlines, and rules adopted pursuant to
section 343-6 as of the date of the determination that a supplemental document is
required."
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 and criteria, as necessary, relating to supplemental environmental
assessments and supplemental environmental impact statements; and
[(9)] (10)
Prescribe procedures to appeal the
nonacceptance of an environmental impact statement to the environmental
council."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2021.
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INTRODUCED BY: |
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Report Title:
Environmental Impact Statements; Environmental Assessments; Supplements
Description:
Requires a supplemental environmental assessment or supplemental environmental impact statement after the passage of 15 years from the date of the determination of a finding of no significant impact or the acceptance of the statement, if the proposed action is not implemented. Exempts actions involving a renewable energy project from this requirement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
