STAND. COM. REP. NO. 1043
Honolulu, Hawaii
RE: S.B. No. 1074
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1074, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Allow a previously authorized or permitted commercial activity or operations to continue operation while the appropriate agency determines whether the activity or operation is subject to or exempt from the environmental review process when challenged; and
(2) Allow a person with oversight of a previously authorized or permitted commercial activity 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; Island Dream Productions; Teralani Sailing Adventures; Maui Hotel and Lodging Association; Native Hawaiian Gathering Rights Association; Sea Sports Distributors; Hawaii Seafood Council; Critical Ocean Rescue Education Hawaiʻi; Ocean Tourism Coalition; Maui Snorkel Tours; Kihei SCUBA Services LLC; Kaanapali Golf Courses; Valley Isle Excursions; Hula Girl Sailing and Snorkeling Boat; Holo Holo Charters, Inc.; Quicksilver Charters; Maui Chamber of Commerce; Calypso Charters; 3two3 Promotions; Salty Dog Sailing; Wake Maui LLC; Trilogy Excursions; UFO Chuting of Hawaii, Inc; Central Pacific Marine and Supply; Maui Brewing Co; Kaanapali Kai Charters; Three's Bar and Grill; Custom Metal Creations; Tech Partners Hawaii Inc.; Hawaii Longline Association; Activities and Attractions Association of Hawaii; Meili Vodka; Rigging Hawaii LLC; Kaanapali Beach Resort Association; Maui Catamaran LLC; Island Scuba Inc.; Sailing Maui Inc.; Kauai Sea Tours; King Screen Printing; Captain Andy's Sailing; Blue Planet Pro; AAMP Agency; Cafe Jai, LLC; Outrigger Hospitality Group; Exclusive Limo Maui; Fun Charters Inc; Sail Maui; Sailing Shipps Ltd; The Ritz-Carlton Maui, Kapalua; Fork and Salad; and numerous individuals.
Your Committee
received testimony in opposition to this measure from the Office of Hawaiian
Affairs; Sierra Club of Hawaiʻi;
Environmental Caucus of the Democratic Party of Hawaiʻi; Koʻolaupoko
Hawaiian Civic Club; Kanaeokana, Kula Hawaiʻi
Network; Manta Enterprise; Gemini Charters; Snorkel Bob's Hawaii; Exclusive
Limousine and Transportation Services; Conservation Council for Hawaiʻi; Friends of Hanauma
Bay; Koʻolau
Foundation; Pōʻai Wai Ola; Shark Stewards; Moana
Ohana; Hawaii Island Aha Moku; Nā Kiaʻi Kai; Hawaiʻi Reef and Ocean Coalition; Hui Makaʻainana o Makana; Na Kiaʻi o Wai Ha; Environmental Justice
Club of the University of Hawaii at Manoa; Heʻeia
National Estuary Research Reserve; Green Party of Hawaiʻi; Surfrider Foundation Hawaiʻi Region; Free Access Coalition; Kuaʻāina Ulu ʻAuamo; For the Fishes; Surfrider
Foundation Kauai Chapter; Kauhakō ʻOhana Association; Kupuna for the
Moopuna; League of Women Voters of Hawaii; Makahanaloa Fishing Association;
Center for Biological Diversity; Koʻolauloa Hawaiian Civic Club; Recycle
Hawaii; Kihei Community Association; Native Hawaiian Legal Corporation;
Earthjustice; Sierra Club Maui Group; ʻIlioʻulaokalani
Coalition; Na Papaʻi Wawae ʻUlaʻula;
Hawaii's Thousand Friends; Animal Rights Hawaiʻi;
Northwestern Hawaiian Islands Hui; Pua Aliʻi ʻIlima;
Malu ʻAina; and numerous individuals.
Your Committee received comments on this measure from three individuals.
Your Committee finds that recent court decisions have resulted in long-standing commercial operations in the State being forced to cease operation despite their extensive, documented compliance with regulatory requirements, as these entities are now subject to the environmental review process following adjudication on the matter. Including these long-permitted commercial activities in the category of actions subject to the environmental impact assessment process was not the intent of the State. This measure will address this issue by allowing certain previously authorized or permitted activities and operations to continue running while the appropriate agency assesses whether environmental review is required, and by allowing these activities and operations to renew the appropriate permits while they are under the environmental review process.
Your Committee
has amended this measure by:
(1) Deleting
language that would have allowed an activity or operation previously undertaken
by a commercial entity that is challenged to continue while the agency
determines whether the activity or operation is subject to or exempt from the
environmental review process;
(2) Specifying
that a previously authorized or permitted commercial activity or operation is
allowed to continue operation when challenged for a period of one year; provided that the activity or
operation may continue for an extended period at the discretion of the court;
(3) Defining
"previously permitted or authorized" to mean permitted or authorized
at the time of the challenge;
(4) Amending
section 1 to reflect its amended purpose; and
(5) Making
technical, nonsubstantive amendments for the purposes of clarity and
consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1074, S.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.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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