Bill Text: HI SB1074 | 2025 | Regular Session | Introduced
Bill Title: Relating To Environmental Impact Statements.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2025-02-07 - The committee(s) on WTL/AEN has scheduled a public hearing on 02-12-25 1:05PM; Conference Room 229 & Videoconference. [SB1074 Detail]
Download: Hawaii-2025-SB1074-Introduced.html
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THE SENATE |
S.B. NO. |
1074 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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:
The legislature further finds that it is necessary to clarify that the environmental review process is intended to evaluate the environmental impact of new projects, not to disrupt ongoing, well-regulated activities.
Accordingly, the purpose of this Act is to allow:
(1) A previously authorized or permitted activity or operation to continue operation while the appropriate agency determines whether the activity or operation is subject to or exempt from the environmental review process; and
(2) An operator of a previously authorized or permitted activity or operation to renew the appropriate permits while under the environmental review process.
SECTION 2. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§343- Temporary continuation of authorized or
permitted activities; challenge; exemption. (a)
Notwithstanding any law to the contrary, when an activity or operation
previously permitted, authorized, or undertaken by a state or county agency is
challenged as being subject to the requirements of this chapter, the activity
or operation may continue pending the:
(1) Determination of the appropriate
agency that the activity or operation is subject to or exempt from the
requirements of this chapter; and
(2) Preparation and submission of an
environmental assessment or environmental impact statement to the appropriate
accepting agency if it is determined that the activity or operation is subject
to the requirements of this chapter;
provided
that the activity or operation shall continue to comply with regulatory
requirements; provided further that the activity or operation shall not include
construction, grading, dredging, or other structural modifications to land,
waterways, or marine environments.
(b) If an agency determines that an activity or operation previously authorized, permitted, or undertaken by a state or county agency is subject to the requirements of this chapter, a person with oversight of the activity or operation may renew the appropriate permits while under the environmental review process; provided that the activity or operation continues to comply with regulatory requirements."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Environmental Assessment; Temporary Exemption; Challenge; Permits
Description:
Allows a previously authorized or permitted activity or operations to continue operation while the appropriate agency determines whether the activity or operation is subject to or exempt from the environmental review process when challenged. Allows a person with oversight of a previously authorized or permitted activity to renew the appropriate permits while under the environmental review process.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
