STAND. COM. REP. NO. 1785

Honolulu, Hawaii

, 2025

RE: S.B. No. 1074

S.D. 2

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1074, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS,"

begs leave to report as follows:

The purpose of this measure is to temporarily allow:

(1) An activity or operation that is permitted or authorized under the ocean recreation and coastal area programs chapter of the 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.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Planning and Sustainable Development; Teralani Sailing Adventures; Maui Brewing Co.; Holo Holo Charters; Activities and Attractions Association of Hawaii; The Ritz-Carlton Maui, Kapalua; Island Dream Productions; Maui Hotel and Lodging Association; Outrigger Hospitality Group; Sailing Maui Inc.; Sail Maui; Sea Sports Distributors, Inc.; Lahaina Divers Inc; Maui Classic Charters; Hula Girl Sailing Charters; Shangri-La Sailing Charters; Three's Bar & Grill; Explore Kauai Scuba; Stanford Yacht Tenders, Ltd.; RED Hospitality & Leisure Hawaii, LLC; Trilogy Excursions; Calypso Charters; Absolute Charters, Inc; The Westin Maui Resort & Spa Kaʻanapali; 3two3 Promotions; Schooner Creek Boat Works; Ocean Tourism Coalition; Kaʻanapali Beach Resort Association; Sailing Shipps; Sea Maui; Duke's Maui; Exclusive Limo Maui; Custom Metal Creations; Island Scuba Inc.; Fun Charters Inc.; Fair Wind Cruises; Captain Andy's Sailing Adventures; Kaʻanapali Kai Charters; Kona Snorkel Trips; Outrigger Kāʻanapali Beach Resort; Maui Chamber of Commerce; Maui Concierge Service; and numerous individuals.

Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs; Hawaii Island Aha Moku; League of Women Voters of Hawaii; Friends of Hanauma Bay; Big Island Reef Keepers Hui; Kuaʻāina Ulu ʻAuamo; Environmental Caucus of the Democratic Paty of Hawaiʻi; Hawaiʻi Reef and Ocean Coalition; Climate Protectors Hawaiʻi; For the Fishes; Sierra Club of Hawaiʻi; Conservation Council for Hawaiʻi; Free Access Coalition; Napili Bay and Beach Foundation; Life of the Land; Sierra Club, Maui Group; Hawaiʻi Ocean Legislative Task Force; Kupuna for the Moopuna; Earthjustice; Nā Alakaʻi o ʻAhahui o Hawaiʻi; Moana Ohana; Northwestern Hawaiian Islands Hui; Nā Kiaʻi Kai; Pōʻai Wai Ola; Kūmano I Ke Ala; Na Papai Waewae Ula Ula; Koʻolaupoko Hawaiian Civic Club; Hawaii's Thousand Friends; Surfrider Foundation; and numerous individuals.

Your Committee received comments on this measure from Rodrigues Ohana.

Your Committee finds that the State's environmental review process is designed to assess new projects with potential environmental impacts. Your Committee further finds that recent court decisions have expanded the kinds of activities subject to environmental review, causing long-standing commercial operations to cease operation while the environmental review is pending. This measure ensures that certain activities or operations can continue for one year while undergoing environmental review.

Your Committee has amended this measure by:

(1) Placing the new statutory language in the Session Laws of Hawaii, rather than codifying the language in Hawaii Revised Statutes;

(2) Deleting the definition of "permitted or authorized"; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1074, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1074, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair