Saturday, January 23, 2010

Alternative Approach to Chapter 343 - Modify the Existing System

The Study considered a range of alternatives to applicability that were ultimately not preferred. This background document presents one alternative approach.

The purpose of providing this alternative approach as part of the study’s background documents on the study website is to facilitate transparency about the study’s deliberative process and further discussion of these important issues.

Instead of a new “discretionary approval” and “probable, significant, and adverse environmental effects” screen proposed in the omnibus bill, this alternative approach would have made various modifications to the existing trigger system. The primary difference is seen in various amendments to HRS § 343-5(a) below.

Many of the study team’s recommendations are common to both the omnibus bill and to this alternative approach. In this “full text” version of Chapter 343, the common recommendations are noted in italics. Amendments are underlined; deletions are in strikethrough and brackets. The footnotes provide brief explanations as well as links to the (common) numbered recommendations in the report.

To avoid confusion with the proposed omnibus bill, a bill format is not provided for this alternative approach to applicability although the Legislative Reference Bureau did generously assist the study team with preliminary drafting of this alternative in bill format. Furthermore, this document is current with the report submitted to the legislature and will not be updated to reflect any changes to the proposed omnibus bill as it moves through the legislative process.


  1. "...ultimately not preferred" by whom? I provided comments to a questionnaire last October that seem to have been totally ignored judging by the very radical and misguided approach that was "preferred." In the interests of "transparency" plese tell your readers how your process determined the "preference" you arrived at.

  2. I live on the Island of Maui. Our Shoreline Management Area Rules are very specific and countless hours of public review and Planning Commission hearings are spent implementing them. A wonderful pointless process since the enforcement of these conditions falls under the Administrative Branch of the County of Maui. Environmental enforcement must be removed from the political agenda or it will never work.