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

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 scrutinize new projects with potential environmental impacts. However, recent court decisions have broadened the definition of "action", which includes long-permitted commercial activities which 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.

The legislature further finds that it is necessary to clarify that the environmental review process is intended to evaluate the environmental impact of new projects, not to disrupt ongoing, well-regulated activities.

Accordingly, the purpose of this Act is to allow:

(1) A previously authorized or permitted activity or operation to continue operation for a period of one year while the appropriate agency determines whether the activity or operation is subject to or exempt from the environmental review process; and

(2) An operator of a previously authorized or permitted activity or operation to renew the appropriate permits while under the environmental review process.

SECTION 2. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§343-   Temporary continuation of authorized or permitted activities; challenge; exemption. (a) Notwithstanding any law to the contrary, when an activity or operation previously permitted or authorized by a commercial entity is challenged as being subject to the requirements of this chapter, the activity or operation may continue for a period of one year pending the:

(1) Determination of the appropriate agency that the activity or operation is subject to or exempt from the requirements of this chapter; and

(2) Preparation and submission of an environmental assessment or environmental impact statement to the appropriate approving agency if it is determined that the activity or operation is subject to the requirements of this chapter;

provided that the activity or operation shall continue to comply with regulatory requirements; provided further that the activity or operation shall not include construction, grading, dredging, or other structural modifications to land, waterways, or marine environments; provided further that the activity or operation may continue for an extended period at the discretion of the court.

(b) If an agency determines that an activity or operation previously authorized or permitted by a commercial entity is subject to the requirements of this chapter, a person with oversight of the activity or operation may renew the appropriate permits while under the environmental review process; provided that the activity or operation continues to comply with regulatory requirements.

(c) For the purposes of this section, "previously permitted or authorized" means permitted or authorized at the time of the challenge."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2050.

Report Title:

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

Description:

Allows a previously authorized or permitted commercial activity or operations to continue operation for one year while the appropriate agency determines whether the activity or operation is subject to or exempt from the environmental review process when challenged. Allows a person with oversight of a previously authorized or permitted commercial activity to renew the appropriate permits while under the environmental review process. Effective 1/1/2050. (SD2)

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