STAND. COM. REP. NO. 1019

Honolulu, Hawaii

RE: S.B. No. 1296

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. 1296, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to facilitate recovery efforts on Maui by exempting certain reconstructions of all or a portion of a structure in the Lahaina National Historic Landmark District that was destroyed by wildfire on August 8, 2023, from the requirement of a special management area minor permit or a special management area use permit.

Your Committee received testimony in support of this measure from the Historic Hawaiʻi Foundation; ABC Stores; Square Feet Management LLC; A.D. Furtado Properties Lahaina, LLC; Lahaina Restoration Foundation; Lahaina Town Action Committee; Grassroot Institute of Hawaii; Maui Chamber of Commerce; and twelve individuals.

Your Committee received comments on this measure from the Department of the Attorney General and Office of Planning and Sustainable Development.

Your Committee finds that it is essential that the State facilitate the reconstruction of Lahaina in the wake of the devastating 2023 Maui wildfires. Your Committee further finds that there is an opportunity to rebuild Lahaina and the other parts of Maui that the wildfires destroyed by preserving and reintroducing its valued resources in a manner that reflects the values and priorities of its residents and businesses, and addresses future challenges, including climate change and affordable housing. Your Committee additionally finds that natural disasters are increasing in frequency due to climate change and the State must be proactive in its efforts to address future natural disasters. Accordingly, amendments to this measure are necessary to broaden its scope and provide a clear and efficient path to rebuilding communities throughout the State affected by natural disasters.

Your Committee has amended this measure by:

(1) Replacing language that would have exempted certain reconstructions of all or a portion of a structure in the Lahaina National Historic Landmark District that was destroyed by wildfire on August 8, 2023, from the requirements of a special management area minor permit or a special management area use permit with language that exempts the reconstruction of any lawfully constructed structure damaged or destroyed in a disaster caused by wildfire, hurricane, flooding, tsunami, or earthquake proclaimed by the Governor to constitute to a state of emergency from the requirements of a special management area minor permit or a special management area use permit under certain conditions; and

(2) Amending section 1 to reflect its amended purpose.

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. 1296, S.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.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair