| 47 | | - | SECTION 1. The legislature finds that the State's environmental review process is designed to assess new projects with potential environmental impacts. However, recent court decisions have broadened the definition of "action", which includes long-permitted commercial activities that the State did not originally intend to be subject to environmental review. As a result, long-standing commercial operations may be forced to cease operation despite their decades-long compliance with regulatory requirements. Accordingly, the purpose of this Act is to temporarily allow: (1) An activity or operation that is permitted or authorized under the ocean recreation and coastal area programs chapter, and renewed within twelve months preceding the initiation of proceedings to determine whether the activity or operation is subject to environmental review, to continue operation for one year while the appropriate agency makes the determination and conducts any necessary environmental review; and (2) A person with oversight of the activity or operation to renew the appropriate permits while under the environmental review process SECTION 2. (a) Notwithstanding any law to the contrary, when an activity or operation, permitted or authorized under chapter 200, Hawaii Revised Statutes, and renewed within twelve months preceding the initiation of proceedings under this section, is challenged as being subject to the requirements of chapter 343, Hawaii Revised Statutes, the activity or operation may continue for up to one year pending: (1) A determination by the appropriate agency as to whether the activity or operation is subject to or exempt from the requirements of chapter 343, Hawaii Revised Statutes; and (2) The preparation and submission of an environmental assessment or environmental impact statement, if required; provided that the activity or operation shall comply with all applicable regulatory requirements and shall not include construction, grading, dredging, or other structural modifications to land, waterways, or marine environments; provided further that the court may extend the continuation period at its discretion. (b) If an agency determines that an activity or operation, permitted or authorized under chapter 200, Hawaii Revised Statutes, and renewed within twelve months preceding the initiation of proceedings under this section, is subject to chapter 343, Hawaii Revised Statutes, a person with oversight of the activity or operation may renew the permit while undergoing environmental review; provided that the activity or operation continues to comply with regulatory requirements. SECTION 3. This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2027. |
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| 47 | + | SECTION 1. The legislature finds that the State's environmental review process is designed to assess new projects with potential environmental impacts. However, recent court decisions have broadened the definition of "action", which includes long-permitted commercial activities that the State did not originally intend to be subject to environmental review. As a result, long-standing commercial operations may be forced to cease operation despite their decades-long compliance with regulatory requirements. Accordingly, the purpose of this Act is to allow: (1) An activity or operation that is permitted or authorized under chapter 200, Hawaii Revised Statutes, and renewed within twelve months preceding the initiation of proceedings to determine whether the activity or operation is subject to environmental review to continue operation for one year while the appropriate agency makes the determination and conducts any necessary environmental review; and (2) A person with oversight of the activity or operation to renew the appropriate permits while under the environmental review process SECTION 2. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§343- Temporary continuation of authorized or permitted activities; challenge; exemption. (a) Notwithstanding any law to the contrary, when an activity or operation that is permitted or authorized under chapter 200 and renewed within twelve months preceding the initiation of proceedings under this section is challenged as being subject to the requirements of this chapter, the activity or operation may continue for up to one year pending: (1) A determination by the appropriate agency as to whether the activity or operation is subject to or exempt from the requirements of this chapter; and (2) The preparation and submission of an environmental assessment or environmental impact statement, if required; provided that the activity or operation shall comply with all applicable regulatory requirements and shall not include construction, grading, dredging, or other structural modifications to land, waterways, or marine environments; provided further that the court may extend the continuation period at its discretion. (b) If an agency determines that an activity or operation that is permitted or authorized under chapter 200 and renewed within twelve months preceding the initiation of proceedings under this section is subject to this chapter, a person with oversight of the activity or operation may renew the permit while undergoing environmental review; provided that the activity or operation continues to comply with regulatory requirements. (c) For purposes of this section, "permitted or authorized" means having a valid permit or authorization issued under chapter 200 that has been renewed within twelve months preceding the initiation of proceedings under this section." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2027. |
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