§343-2  Definitions.  As used in thischapter unless the context otherwise requires:

"Acceptance" means a formaldetermination that the document required to be filed pursuant to section 343-5fulfills the definition of an environmental impact statement, adequatelydescribes identifiable environmental impacts, and satisfactorily responds tocomments received during the review of the statement.

"Action" means any program or projectto be initiated by any agency or applicant.

"Agency" means any department,office, board, or commission of the state or county government which is a partof the executive branch of that government.

"Applicant" means any person who,pursuant to statute, ordinance, or rule, officially requests approval for aproposed action.

"Approval" means a discretionaryconsent required from an agency prior to actual implementation of an action.

"Council" means the environmentalcouncil.

"Discretionary consent" means aconsent, sanction, or recommendation from an agency for which judgment and freewill may be exercised by the issuing agency, as distinguished from aministerial consent.

"Environmental assessment" means awritten evaluation to determine whether an action may have a significanteffect.

"Environmental impact statement" or"statement" means an informational document prepared in compliancewith the rules adopted under section 343-6 and which discloses theenvironmental effects of a proposed action, effects of a proposed action on theeconomic welfare, social welfare, and cultural practices of the community andState, effects of the economic activities arising out of the proposed action,measures proposed to minimize adverse effects, and alternatives to the actionand their environmental effects.

The initial statement filed for public reviewshall be referred to as the draft statement and shall be distinguished from thefinal statement which is the document that has incorporated the public'scomments and the responses to those comments.  The final statement is thedocument that shall be evaluated for acceptability by the respective acceptingauthority.

"Finding of no significant impact"means a determination based on an environmental assessment that the subjectaction will not have a significant effect and, therefore, will not require thepreparation of an environmental impact statement.

"Helicopter facility" means any areaof land or water which is used, or intended for use for the landing or takeoffof helicopters; and any appurtenant areas which are used, or intended for usefor helicopter related activities or rights-of-way.

"Office" means the office ofenvironmental quality control.

"Person" includes any individual,partnership, firm, association, trust, estate, private corporation, or otherlegal entity other than an agency.

"Power-generating facility" means:

(1)  A new, fossil-fueled, electricity-generatingfacility, where the electrical output rating of the new equipment exceeds 5.0megawatts; or

(2)  An expansion in generating capacity of anexisting, fossil-fueled, electricity-generating facility, where the incrementalelectrical output rating of the new equipment exceeds 5.0 megawatts.

"Renewable energy facility" has thesame meaning as defined in section 201N-1.

"Significant effect" means the sum ofeffects on the quality of the environment, including actions that irrevocablycommit a natural resource, curtail the range of beneficial uses of theenvironment, are contrary to the State's environmental policies or long-termenvironmental goals as established by law, or adversely affect the economicwelfare, social welfare, or cultural practices of the community and State.

"Wastewater treatment unit" means anyplant or facility used in the treatment of wastewater. [L 1974, c 246, pt of§1; am and ren L 1979, c 197, §1(2); am L 1983, c 140, §5; am L 1986, c 186,§1; am L 1987, c 187, §1 and c 325, §2; am L 1996, c 61, §1; am L 2000, c 50,§2; am L 2004, c 55, §2; am L 2005, c 130, §2; am L 2008, c 207, §3]

 

Attorney General Opinions

 

  "Action" includes a subdivision proposal.  Att.Gen. Op. 75-14.

  "Action" includes issuance of building permits. Att. Gen. Op. 75-15.

 

Case Notes

 

  Sufficiency of an environmental impact statement is aquestion of law.  81 H. 171, 914 P.2d 1364.

  The proper inquiry for determining the necessity of anenvironmental impact statement (EIS) based on the language of §343-5(c) iswhether the proposed action will "likely" have a significant effecton the environment; as defined in this section, "significant effect"includes irrevocable commitment of natural resources; where the burning ofthousands of gallons of fuel and the withdrawal of millions of gallons ofgroundwater on a daily basis would "likely" cause such irrevocablecommitment, an EIS was required pursuant to both the common meaning of "may"and the statutory definition of "significant effect".  106 H. 270,103 P.3d 939.