SUBMIT TESTIMONY HERE:
http://www.capitol.hawaii.gov/submittestimony.aspx?billtype=SB&billnumber=755

The House is planning a major ‘bait and switch’ amendment to SB 755 (originally dealing with playing internet poker!).  It would allow the governor and all the mayors to exempt projects from HRS 343.  A major part of the amendment is found hidden in “Part VI”.  Other parts are also bad.

Schedule: Proposed draft of Bill scheduled to be heard by WLO/EEP on Wednesday, March 21, 2012  11:15AM in House conference room 325.

—– Here is Part VI ———

PART VI

SECTION 34. The purpose of this part is to temporarily authorize a more streamlined process for exempting state and county projects from the environmental review process of chapter 343, Hawaii Revised Statutes. The legislature emphasizes that this part does not statutorily expand the types of state projects that are exempt under the existing provisions of chapter 343 or pertinent implementing rules.

This part also reduces the deadline for challenging the lack of an assessment for a state project.

SECTION 35. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

Ҥ343-__ Exemption list for state and county projects; authorization for establishment by governor. (a) Until June 30, 2015, the governor may establish a list of specific types of state projects that are actions exempt from the need for preparation of an environmental assessment because they will probably have minimal or no significant effects on the environment. The governor may include in the list types of state projects already exempt by state agencies and other types of state projects deemed by the governor to qualify for exemption under this section. The governor may amend the list from time to time.

The governor may establish and amend the list without necessity of:

(1) Approval by the environmental council;

(2) Compliance with procedures established by the environmental council pursuant to section 343-6(a)(2) or rules of the office of environmental quality control; or

(3) Promulgation of rules under chapter 91.

The office, upon request of the governor, shall provide public notice of the list of exemptions and any amendments through the periodic bulletin prescribed in section 343-3.

A list established by the governor and any amendment to it shall take effect on the date specified by the governor, but not earlier that the issuance date of the bulletin by which the office informs the public of the list and amendment.

(b) A county mayor shall have the same authority to establish and amend an exemption list of county projects as conferred upon the governor for state projects under subsection (a).

(c) Unless the governor or a mayor expressly states otherwise, a state or county agency’s list of exempt actions established pursuant to the procedures of section 343-6(a)(2) shall remain valid, even if the governor or mayor establishes a separate list under this section.

(d) After the repeal of this section, the governor’s or mayor’s list shall remain valid until terminated by the governor or mayor.“

SECTION 36. Section 343-2, Hawaii Revised Statutes, is amended by adding three new definitions of “construction”, “county project”, and “state project” to be appropriately inserted and to read as follows:

““Construction” includes grading, grubbing, stockpiling, excavation, foundation laying, pile driving, demolition, building, reconstruction, rehabilitation, renovation, repairing, maintaining, paving, landscaping, and any other improvement of real property.

“County project” means a construction project for which:

(1) The contracting agency is a county agency; and

(2) The funding includes county, state, or federal funds.

“State project” means a construction project for which:

(1) The contracting agency is a state agency; and

(2) The funding includes state or federal funds.“

SECTION 37. Section 343-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

“(a) Any judicial proceeding[,] concerning an applicant’s action, the subject of which is the lack of assessment required under section 343-5, shall be initiated within one hundred twenty days of the agency’s decision to [carry out or] approve the action, or, if a proposed action is undertaken without a formal determination by the agency that a statement is or is not required, a judicial proceeding shall be instituted within one hundred twenty days after the proposed action is started. The council or office, any agency responsible for approval of the action, or the applicant shall be adjudged an aggrieved party for the purposes of bringing judicial action under this subsection. Others, by court action, may be adjudged aggrieved.

Any judicial proceeding concerning an agency’s action, the subject of which is the lack of assessment required under section 343-5, shall be initiated within sixty days of the agency’s decision to carry out the action, or, if a proposed action is undertaken without a formal determination by the agency that an assessment is or is not required, a judicial proceeding shall be instituted within sixty days after the proposed action is started. The council, office, or any agency responsible for approval of the action shall be adjudged an aggrieved party for the purposes of bringing judicial action under this subsection.“

SECTION 38. A list of exempted state projected established by the governor or a mayor pursuant to this part, including amendments to the list, shall remain valid after the repeal of this part. The list shall remain valid until repealed in accordance with the procedures established under section 343-6(a)(2), Hawaii Revised Statutes.