HB1476

SECTION 1. The legislature finds that SpaceX is seeking approval from the Federal Aviation Administration to land experimental rockets over and in waters surrounding Hawaii. No environmental impact statement has been conducted for these specific types of rockets, called Starships, nor has the impact on Hawaiian marine life, wildlife, fishing, and cultural resources been assessed. The aircraft may break into pieces of debris upon reentry into the atmosphere or may explode in the ocean.

In 2014, an environmental impact statement was conducted by the Federal Aviation Administration, which was related to the operation of a spaceport in Boca Chica, Texas, to launch a Falcon 9 rocket. Numerous unforeseen SpaceX malfunctions and accidents in Boca Chica have had a negative impact on the surrounding natural and human environment. As a consequence, environmental organizations are suing the Federal Aviation Administration over considering only best-case scenarios in the environmental impact assessment, rather than a realistic range of scenarios.

In 2022, a less comprehensive, preliminary environmental assessment was conducted that assessed launches and landings of Starships sixty-two nautical miles north of Kauai and west of the Papahanaumokuakea national marine monument, with a debris field if it broke up upon reentry southwest of Kauai. The biological opinion conducted by the National Oceanic and Atmospheric Administration and the United States Fish and Wildlife Service as part of the preliminary environmental assessment did not include local consultation as would be required by a full environmental impact statement and only considered best-case scenarios.

In 2024, SpaceX sought approval for a landing zone over twenty times larger than its initial request in 2022 and planned to increase the number of Starship launches and landings from five to twenty-five per year. Given the lack of previous stakeholder participation, a change in spacecraft type, and the dramatically expanded area, which is further affected by ocean currents, it is unclear what the impact will be on Hawaii.

Accordingly, the purpose of this Act is to require an environmental impact statement and consultation with the office of Hawaiian affairs for actions that propose any launch of a spacecraft from or reentry of a spacecraft into state waters or the Papahanaumokuakea marine national monument.

SECTION 2. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, an environmental assessment shall be required for actions that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205-2(d)(11) or 205-4.5(a)(13) shall only be required pursuant to section 205-5(b);

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within a shoreline area as defined in section 205A-41;

(4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

(6) Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

(7) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

(8) Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

(A) Any land classified as a conservation district by the state land use commission under chapter 205;

(B) A shoreline area as defined in section 205A-41; or

(C) Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; [~~and~~]

(9) Propose any:

(A) Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

(B) Waste-to-energy facility;

(D) Oil refinery; or

(E) Power-generating facility[.]; and

(10) Propose any launch of a spacecraft from or reentry of a spacecraft into state waters or the Papahanaumokuakea Marine National Monument; provided that:

(A) Such a proposed action shall be presumed to have a significant effect on the environment and shall proceed directly to preparation of a draft environmental impact statement; and

(B) The applicant for such a proposed action shall consult the office of Hawaiian affairs during the preparation of a draft environmental impact statement."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1476
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII