THE SENATE	S.B. NO.	1074
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the State's environmental review process is designed to assess new projects with potential environmental impacts. However, recent court decisions have broadened the definition of "action", which includes long-permitted commercial activities that the State did not originally intend to be subject to environmental review. As a result, long-standing commercial operations may be forced to cease operation despite their decades-long compliance with regulatory requirements.

Accordingly, the purpose of this Act is to temporarily allow:

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

SECTION 2. (a) Notwithstanding any law to the contrary, when an activity or operation, permitted or authorized under chapter 200, Hawaii Revised Statutes, and renewed within twelve months preceding the initiation of proceedings under this section, is challenged as being subject to the requirements of chapter 343, Hawaii Revised Statutes, the activity or operation may continue for up to one year pending:

(1) A determination by the appropriate agency as to whether the activity or operation is subject to or exempt from the requirements of chapter 343, Hawaii Revised Statutes; and

(2) The preparation and submission of an environmental assessment or environmental impact statement, if required;

provided that the activity or operation shall comply with all applicable regulatory requirements and shall not include construction, grading, dredging, or other structural modifications to land, waterways, or marine environments; provided further that the court may extend the continuation period at its discretion.

(b) If an agency determines that an activity or operation, permitted or authorized under chapter 200, Hawaii Revised Statutes, and renewed within twelve months preceding the initiation of proceedings under this section, is subject to chapter 343, Hawaii Revised Statutes, a person with oversight of the activity or operation may renew the permit while undergoing environmental review; provided that the activity or operation continues to comply with regulatory requirements.

SECTION 3. This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2027.

Report Title:

Environmental Assessment; Commercial Activities; Temporary Exemption; Challenge; Permits

Description:

Allows an activity or operation that is permitted or authorized under the ocean recreation and coastal areas program chapter 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. Allows a person with oversight of the activity or operation to renew the appropriate permits while under the environmental review process. Sunsets 6/30/2027. Effective 7/1/3000. (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.