State of Hawai'i
February 14, 2017, 1:00-3:30 PM
Leiopapa A Kamehameha
Room 204, 235 S. Beretania St., Honolulu, HI 96813
1. Call to Order, Roll Call, Introductions, Quorum
2. Review and approval of prior meeting minutes
a. Meeting held on January 10, 2017
3. Director’s Report on OEQC activities
4. Publication of the Natural Energy Laboratory of Hawai'i Authority exemption list in The Environmental Notice for 30- day public comment
5. Consideration of legislation that may impact the mission of the Environmental Council (See Exhibit A for list of bills)
6. Amendment to Administrative Rules of the EIS Process (Chapter 11-200, HAR)
a. Rule 2 Definitions – to revise definitions relating to a “direct-to-EIS” pathway as provided in Act 172 SLH 2012 in Chapter 343, HRS.
b. Rule 15 Consultation Prior to Filing a Draft Environmental Impact Statement
– adjust the requirements for preparing an EIS Preparation Notice (EISPN) so that the content requirement addresses EISPNs being prepared as a result of an environmental assessment or using the “direct-to-EIS” process.
7. Changes to committee assignments
Bill Number, Measure Title, Description, Rationale, Legislative Committee Position, Environmental Council Position
RELATING TO THE STATE BUDGET
"Appropriates funds for the operating and capital improvement budget of the Executive Branch for fiscal years 2017-2018 and 2018-2019."
RELATING TO ENVIRONMENTAL IMPACT STATEMENTS
Requires an environmental assessment for any proposed use or development of property greater than one hundred acres in size. Requires the EA to include the results of a minimum five-day search for endangered or threatened species.
New “trigger” for EA
RELATING TO AFFORDABLE HOUSING
Exempts the development of affordable housing projects developed in the urban core by the Hawaii housing finance and development corporation from environmental assessment and environmental impact statement requirements
Exemption from EA and EIS
RELATING TO HOUSING
Authorizes the Hawaii community development authority to prepare a programmatic environmental impact statement for housing development projects on all lands within the Kakaako community development district. Allows the programmatic environmental impact statement, once it is accepted by the office of environmental quality control, to satisfy the environmental assessment and impact statement requirements for any housing development project within the Kakaako community development district.
Eliminates need for EA and EIS if PEIS is prepared.
RELATING TO PUBLIC LANDS
Declares the intent of the legislature that a contested case hearing shall not be required for land leases, lease extensions, consents to subleases, or any other dispositions of public land.
Eliminates contested case hearings for some land issues
RELATING TO INVASIVE SPECIES PROGRAM ADMINISTRATION.
Restructures the Hawaii Invasive Species Council as the Hawaii Invasive Species Authority, administratively attached to the Department of Agriculture, to coordinate implementation of the Hawaii Interagency Biosecurity Plan and to improve coordination of the State's invasive species prevention, early detection, rapid response, control, enforcement, and outreach programs. Appropriates funds to implement the Authority and relevant interagency invasive species projects. Effective 7/1/2017.
RELATING TO THE IMPORTANT AGRICULTURAL LAND QUALIFIED AGRICULTURAL COST TAX CREDIT.
Extending by ten years the time period that the Department of Agriculture may certify important agricultural lands qualified agricultural costs.
RELATING TO AGRICULTURE.
Establishes a grant program within chapter 163D, Hawaii Revised Statutes.
RELATING TO FARM TO SCHOOL MONTH IN HAWAII.
Designates the month of October as "Farm to School Month in Hawaii."
RELATING TO AGRICULTURE.
Establish a special fund within the department of agriculture to deposit fees and expend funds necessary for the industrial hemp pilot program. Specify that the cultivation of industrial hemp shall be limited to licensed owners, lessees, or occupiers of lands situated within the State agricultural district. Clarify that each respective county must recognize industrial hemp cultivation as an agricultural product, use, and activity allowing lower land assessment.
RELATING TO CRIMINAL TRESPASS.
Adds the offense of criminal trespass onto state lands to the penal code. Amends criminal trespass in the second degree to apply to government agricultural property regardless of whether it is fenced, enclosed, or otherwise secured.
RELATING TO RENEWABLE PORTFOLIO
Amends the "renewable portfolio standard" calculation to more accurately reflect the amount of grid-connected renewable energy generation in Hawaii.
RELATING TO ENERGY ASSURANCE.
Addresses deficiencies in Hawaii's fuel shortage response and energy emergency (energy assurance) statutes; provides policy guidance on preparing for, responding to, recovering from, and mitigating against any actual or potential energy supply disruption or shortage to preserve the State's energy security and to ensure that fuel products and energy resources are made available to emergency services and the public in an orderly, efficient, and safe manner.
RELATING TO DEPARTMENT OF LAND AND NATURAL RESOURCES VIOLATIONS.
Amends fines for destroying or harvesting trees including koa on state forest reserves lands to an amount up to $10,000 or three times the market value at the time and place of the violation for each tree including koa, whichever is greater, in addition to any administrative fines and costs associated with restoration or replacement of the habitat and damages to public land or natural resources, or any combination thereof. Clarifies that any person violating any provision of part II (Forest Reserves) of chapter 183, Hawaii Revised Statutes (HRS), or any rule adopted pursuant thereto, other than section 183-17, HRS, shall be guilty of a petty misdemeanor. Repeals the general penalty provision of chapter 183, HRS
RELATING TO FOREST STEWARDSHIP.
Clarifies conditions that must be met by applicants to receive funds under the Forest Stewardship Program.
Hawaii Environmental Council - Legislative Committee
Pending Legislation for Environmental Council Consideration
Other Bills Relating to Governor’s Strategic Hawaii Initiative : Environmental Council may consider possible position
Last Updated 2/4/2017