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



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



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



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



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



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



"Council" means the environmental
council.



"Discretionary consent" means a
consent, sanction, or recommendation from an agency for which judgment and free
will may be exercised by the issuing agency, as distinguished from a
ministerial consent.



"Environmental assessment" means a
written evaluation to determine whether an action may have a significant
effect.



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



The initial statement filed for public review
shall be referred to as the draft statement and shall be distinguished from the
final statement which is the document that has incorporated the public's
comments and the responses to those comments.  The final statement is the
document that shall be evaluated for acceptability by the respective accepting
authority.



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



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



"Office" means the office of
environmental quality control.



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



"Power-generating facility" means:



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



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



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



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



"Wastewater treatment unit" means any
plant 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 a
question of law.  81 H. 171, 914 P.2d 1364.



  The proper inquiry for determining the necessity of an
environmental impact statement (EIS) based on the language of §343-5(c) is
whether the proposed action will "likely" have a significant effect
on the environment; as defined in this section, "significant effect"
includes irrevocable commitment of natural resources; where the burning of
thousands of gallons of fuel and the withdrawal of millions of gallons of
groundwater on a daily basis would "likely" cause such irrevocable
commitment, 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.