STAND. COM. REP. NO. 1733

Honolulu, Hawaii

, 2025

RE: S.B. No. 1296

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. 1296, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DISASTER RECOVERY,"

begs leave to report as follows:

The purpose of this measure is to exempt reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the Governor to constitute a state of emergency or a disaster declared pursuant to federal law from the requirements of a special management area minor permit or a special management area use permit under certain conditions.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Office of Planning and Sustainable Development; Office of the Mayor of the County of Maui; Maui Hotel & Lodging Association; ABC Stores; Ola Maui; Kohalā Brewery; Hawai‘i Community Foundation; Lahaina Town Action Committee; Front Street Recovery Organization; Pacific Rim Land Inc.; Miyaki Family Partnership; Lāhainā Strong; Maui Chamber of Commerce; and numerous individuals. Your Committee received comments on this measure from Grassroot Institute of Hawaii and numerous individuals.

Your Committee finds that facilitating disaster recovery while upholding coastal resource protections is critical for Hawaii's long-term resilience and economic stability. The devastation caused by the 2023 Maui wildfires underscores the need for deliberate and efficient rebuilding efforts that balance community needs with environmental stewardship. By exempting the reconstruction of lawfully constructed structures destroyed in declared disasters from certain permitting requirements, this measure accelerates recovery while ensuring that redevelopment aligns with sustainable planning principles.

Your Committee has amended this measure by:

(1) Deleting language that limited the exemption from the requirements for special management area permits for the rebuilding of structures damaged or destroyed in a disaster proclaimed to constitute a state of emergency by the Governor or declared a disaster pursuant to federal law to structures that were not situated on a shoreline parcel or a parcel impacted by waves, storm surges, high tide, or shoreline erosion; and

(2) 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. 1296, 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. 1296, S.D. 2, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair