Bill Text: HI SB729 | 2011 | Regular Session | Introduced
Bill Title: Environmental Protection; Office of Environmental Quality Control
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-02-18 - (H) Referred to EEP, FIN, referral sheet 24 [SB729 Detail]
Download: Hawaii-2011-SB729-Introduced.html
THE SENATE |
S.B. NO. |
729 |
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO ENVIRONMENTAL PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 341, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§341- Annual report. No later than January 31 of each year, the director shall submit a report to the governor and the legislature that analyzes the effectiveness of the State's environmental review system during the prior year.
At the request of the director or the council, state and county agencies shall provide information to assist in the preparation of the annual report."
SECTION 2. Chapter 341, Hawaii Revised Statutes, is amended to read as follows:
"[[]CHAPTER
341[]]
ENVIRONMENTAL QUALITY CONTROL
[[]§341-1[]] Findings and
purpose. The legislature finds that the quality of the environment is as
important to the welfare of the people of Hawaii as is the economy of the
State. The legislature further finds that the determination of an optimum
balance between economic development and environmental quality deserves the
most thoughtful consideration, and that the maintenance of the optimum quality
of the environment deserves the most intensive care.
The legislature finds that the office of environmental quality control, established pursuant to this chapter, is intended to provide a centralized, statewide environmental review service, through which the State's environmental review system can be effectively managed and administered, and through which agencies, applicants, and the public can coordinate and contribute to an effective environmental review process.
The purpose of this chapter is to stimulate, expand, and coordinate efforts to determine and maintain the optimum quality of the environment of the State.
§341-2 Definitions. As used in this chapter, unless the context otherwise requires:
"Center" means the University of
Hawaii environmental center established in section [[]304A-1551[]].
"Council" means the environmental council established in section 341-3(c).
"Director" means the director of the office of environmental quality control.
"Office" means the office of environmental quality control established in section 341-3(a).
"University" means the University of Hawaii.
§341-3 Office of environmental quality
control; environmental center; environmental council. (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 the office of environmental
quality control who shall be appointed by the governor as provided in section
26-34. The director shall be responsible for directing the office in
implementing this chapter and chapter 343. This office and the council
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.]
(b) The environmental center within the
University of Hawaii shall be as established under section [[]304A-1551[]].
(c) There is created an environmental council
not to exceed [fifteen] nine members[.] and the
director. [Except for the director, members] The council shall
include one member from each county and no more than five at-large members. Members of the environmental council
shall be appointed by the governor as provided in section 26-34[.]; provided that three members shall be appointed from
a list of persons nominated
by the speaker of the house
of representatives and three members shall be appointed from a list of persons nominated
by the president of the senate. The council shall be attached to
the department of health for administrative purposes. [Except for the
director, the] The term of each member shall be four years; provided
that, of the members initially appointed, [five] three members
shall serve for four years, [five] three members shall serve for
three years, and the remaining [four] three members shall serve
for two years. Vacancies shall be filled for the remainder of any unexpired
term in the same manner as original appointments. The director shall be an ex
officio voting member of the council[.]; provided that the director
may vote only in the event of a tie vote among the other members. The
council chairperson shall be elected by the council from among the appointed
members of the council[.], provided that the director may serve as
the chairperson. The term of the council chairperson shall be one year.
Members shall be appointed to [assure] ensure
a broad and balanced representation of educational, business, and [environmentally
pertinent] environmental disciplines and professions, such as the
natural and social sciences, the humanities, architecture, engineering,
environmental consulting, public health, and planning; educational and research
institutions with environmental competence; agriculture, real estate, visitor
industry, construction, media, and voluntary community and environmental
groups. The members of the council shall serve without compensation, but
shall be reimbursed for expenses, including travel expenses, incurred in the
discharge of their duties.
§341-4 Powers and duties of the director[.]
and the office. (a) The director shall have such powers delegated
by the governor as are necessary to coordinate and, when requested by the
governor, to direct, pursuant to chapter 91, all state
governmental agencies in matters concerning environmental quality. The
director shall also be responsible for administration and leadership of the
office, including but not limited to performing budgeting and hiring staff in a
manner that ensures adequate funding and staff support for the office and the
council to carry out duties under this chapter and chapter 343. The director
may appoint personnel exempt from chapters 76 and 89.
(b) To further the [objective of subsection
(a),] objectives of this chapter and chapter 343, the [director]
office shall:
(1) [Direct] In cooperation with the council,
direct the attention of [the university community] state agencies
and the residents of the State [in general] to [ecological and]
environmental problems [through the center and, respectively, and through
public education programs];
(2) Conduct research or arrange for [the conduct
of] research through contractual relations with the center, state agencies,
or other persons with competence in [the field of ecology and] issues
relating to environmental quality;
(3) [Encourage] In cooperation with the
council, encourage public acceptance of proposed legislative and
administrative actions concerning [ecology and] environmental quality,
and receive notice of any private or public complaints concerning [ecology
and] environmental quality [through the council];
(4) Recommend programs for long-range implementation of environmental quality control;
(5) [Submit direct] In consultation with
the council, submit to the governor [and to the legislature such]
legislative bills and administrative policies, objectives, and actions[,]
as are necessary to preserve and enhance the environmental quality of the
State;
(6) Conduct regular outreach and training for
state and county agencies on the environmental review process and conduct other
public educational programs[; and] that provide information
concerning the environmental review system and related services provided under
this chapter and chapter 343;
(7) Offer advice and assistance to private industry,
governmental agencies, non-governmental organizations, state residents,
or other persons upon request[.];
(8) Obtain advice from the council on any matters concerning environmental quality;
(9) With the cooperation of the council, private industry, governmental agencies, non-governmental organizations, state residents, and other interested persons in fulfilling the requirements of this subsection, conduct annual statewide workshops and publish an annual state environmental review guidebook or supplement to assist persons in complying with this chapter, chapter 343, and rules adopted thereunder; provided that workshops, guidebooks, and supplements shall include:
(A) Assistance for the preparation, processing, and review of environmental review documents;
(B) A review of relevant court decisions affecting this chapter, chapter 343, and rules adopted thereunder;
(C) A review of amendments to this chapter, chapter 343, other relevant laws, and rules adopted thereunder; and
(D) Any other information that may facilitate the efficient implementation of this chapter, chapter 343, and rules adopted thereunder;
(10) Provide advisory opinions to agencies, applicants, and the public concerning the environmental review system and related services provided under this chapter and chapter 343;
(11) Maintain an effective state environmental review process by:
(A) Reviewing, and updating as necessary, in consultation with the council, administrative rules adopted pursuant to this chapter and chapter 343 no less than every three years; and
(B) Developing guidance for agencies, applicants, and the public that encourages innovative best practices to ensure greater certainty in the statewide environmental review system;
(12) Facilitate agency, applicant, and public participation in the state environmental review process by creating and maintaining an effective information technology system, including a website and searchable digital archives, that meets best practices and allows for efficient, comprehensive tracking of environmental review documents relating to actions and projects for which environmental documents are completed or pending and any related or subsequent permits, approvals, updates, and mitigation information.
(c) The [director] office, in
consultation with the council, shall adopt rules, pursuant to
chapter 91, necessary for the purposes of implementing this chapter[.]
and chapter 343.
§341-6 [Functions] Duties of
the environmental council. (a) The council shall [serve]:
(1) Serve the governor in an advisory capacity on all matters relating to environmental quality;
(2) Consult with the office on proposed changes to statutes, rules, and guidance;
(3) Serve as a liaison between the [director]
governor and the general public by soliciting information, opinions,
complaints, recommendations, and advice concerning [ecology and]
environmental quality through public hearings or any other means and by
publicizing [such] these matters as requested by the [director
pursuant to section 341-4(b)(3).] governor; and
(4) Meet at the call of the council chairperson, director, or a quorum of council members.
[The council may make recommendations
concerning ecology and environmental quality to the director and shall meet at
the call of the council chairperson or the director upon notifying the council
chairperson.]
(b) The council shall monitor the
progress of state, county, and federal agencies in achieving the State's
environmental goals and policies [and]. No later than
January 31 of each year, the council, with the assistance of the
director, as necessary, shall make an annual report with recommendations
for improvement to the governor, the legislature, and the public [no later
than January 31 of each year. All]. At the request of the
council, state and county agencies shall [cooperate with the council and]
provide information to assist in the preparation of [such a] the
report [by responding to requests for information made by the council].
The council may combine its annual report with the annual report prepared by
the director pursuant to section 341- .
(c) The council may delegate to any
person [such] the power or authority vested in the council as it
deems reasonable and proper for the effective administration of this section
and chapter 343[, except the power to make, amend, or repeal rules]."
SECTION 3. Notwithstanding the original terms of appointment of the members of the environmental council, the terms of all members of the environmental council serving as of the effective date of this Act shall be extended through June 30, 2013. The members shall continue in their appointment until the nine members of the environmental council, not including the director, are appointed or re-appointed in accordance with section 341-3, Hawaii Revised Statutes, as amended by this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2011.
INTRODUCED BY: |
_____________________________ |
|
|
Report Title:
Environmental Protection; Office of Environmental Quality Control
Description:
Reduces the appointed membership of the environmental council from 15 to 9. Clarifies the duties of the OEQC, director, and environmental council.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.