Bill Text: HI SB1143 | 2013 | Regular Session | Introduced
Bill Title: Office of Environmental Quality Control; Fees; Special Fund ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-03-19 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Cullen, Fukumoto, Hanohano, Har, Kawakami, McKelvey, Tokioka, Ward voting aye with reservations; Representative(s) Cabanilla, Fale, McDermott voting no (3) and none excused (0). [SB1143 Detail]
Download: Hawaii-2013-SB1143-Introduced.html
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THE SENATE |
S.B. NO. |
1143 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE OFFICE OF ENVIRONMENTAL QUALITY CONTROL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the office of environmental quality control needs to upgrade and improve its technology infrastructure and fully staff its functions in order to fulfill its duty to ensure environmental protection in Hawaii.
The purposes of this Act are to:
(1) Establish the environmental review special fund;
(2) Establish fees to enhance the activities of the office of environmental quality control;
(3) Authorize the office to expend moneys out of the environmental review special fund;
(4) Support and maintain technology systems for the office of environmental quality control;
(5) Support outreach, training, education, and research regarding environmental stewardship; and
(6) Provide for the hiring of adequate staff for the office.
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.
(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 servicing of agency documents relating to the environmental review process, administrative support including staffing, and office expenses;
(2) Support technology, maintain technology systems, and develop technology training programs; and
(3) Support outreach, training, education, and research programs pursuant to section 341-4.
§341-B Fees. (a) No later than June 30, 2016, the office, in consultation with the council, shall adopt rules pursuant to chapter 91 to establish fees necessary for the administration and management of the office and the council.
(b) The office shall collect fees from all applicants, including state and county agencies that are required to file environmental review documents with the office pursuant to chapter 343.
(c) The office shall waive the filing fees required by this section for an applicant who demonstrates that:
(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 2014, 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 4 of Act , Session Laws of Hawaii 2013."
SECTION 3. Section 341-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is created an office of environmental quality control that shall be headed by a single executive to be known as the director of environmental quality control who shall be appointed by the governor as provided in section 26-34. This office shall implement this chapter and shall be placed within the department of health for administrative purposes. The office shall perform its duties under chapter 343 and shall serve the governor in an advisory capacity on all matters relating to environmental quality control. The director may appoint personnel exempt from chapters 76 and 89."
SECTION 4. The office of environmental quality control shall 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. Until superseded by fees established pursuant to section 341-B, Hawaii Revised Statutes, in section 2 of this Act, or June 30, 2016, whichever is sooner, the interim filing fees shall be as follows:
(1) $500 for a draft environmental assessment;
(2) $300 for a final environmental assessment;
(3) $200 for other significant addenda to a draft environmental assessment;
(4) $200 for an environmental impact statement preparation notice;
(5) $200 for a supplemental environmental impact statement preparation notice;
(6) $500 for a draft environmental impact statement;
(7) $300 for a final environmental impact statement;
(8) $500 for a revised draft environmental impact statement;
(9) $300 for a revised final environmental impact statement;
(10) $500 for a supplemental draft environmental impact statement; and
(11) $300 for a supplemental final environmental impact statement.
SECTION 5. There is appropriated out of the environmental review special fund the sum of $25,000.00, or as much thereof as may be necessary for fiscal years 2013-2014 to carry out the purposes of this Act; including the hiring of necessary staff. The sum appropriated shall be expended by the department of health.
SECTION 6. In codifying the new sections added to chapter 341, Hawaii Revised Statutes, 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 7. New statutory material is underscored.
SECTION 8. This Act, upon its approval, shall take effect on July 1, 2013; provided that the filing fees, including interim filing fees, established under this Act shall not take effect until thirty days after the date of enactment of this Act; provided further that any environmental studies filed with the office of environmental quality control prior to the enactment of this Act shall be exempt from the payment of any filing fees, including interim filing fees, under section 341-B, Hawaii Revised Statutes, established and assessed by section 2 and section 4 of this Act, respectively, for one hundred eighty days from the date of the enactment of this Act.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Office of Environmental Quality Control; Fees; Special Fund
Description:
Establishes filing fees to help fund operations of the Office of Environmental Quality Control; creates a special fund and authorizes expenditures out of the special fund; and provides for a lag time for collection of fees.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
