SB 2997: Environmental Assessments; Historic Sites; Waikiki

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL ASSESSMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the city and county of Honolulu has adopted ordinances and other requirements regarding the permitting of development projects within special districts, including Waikiki.  The legislature further finds it unnecessary and redundant to require all proposals for any use within the Waikiki special district to undergo an environmental assessment pursuant to section 343-5, Hawaii Revised Statutes.

     Accordingly, the purpose of this Act is to repeal the environmental assessment requirement for proposals within:

     (1)  A 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, Hawaii Revised Statutes; or

     (2)  The Waikiki special district.

     SECTION 2.  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)(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, 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)] (4)  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)] (5)  Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

    [(8)] (6)  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)] (7)  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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Environmental Assessments; Historic Sites; Waikiki

Description:

Removes historic sites and the Waikiki special district from the requirement for environmental assessments under section 343-5, HRS.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.