Bill Text: HI HB389 | 2010 | Regular Session | Introduced
Bill Title: Environmental Impact Statements
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB389 Detail]
Download: Hawaii-2010-HB389-Introduced.html
Report Title:
Environmental Impact Statements
Description:
Requires an environmental assessment for any development on lands with an average slope of 20% or greater.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
389 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to THE environmental impact statement LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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)(10)[]] 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, 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, 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; [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[.]; and
(10) Propose any development on lands with an average slope of twenty per cent or greater."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
