Hawaii 2025 Regular Session

Hawaii House Bill HB658 Latest Draft

Bill / Introduced Version Filed 01/17/2025

                            HOUSE OF REPRESENTATIVES   H.B. NO.   658     THIRTY-THIRD LEGISLATURE, 2025         STATE OF HAWAII                                A BILL FOR AN ACT     relating to environmental review.     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:   

HOUSE OF REPRESENTATIVES H.B. NO. 658
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

HOUSE OF REPRESENTATIVES

H.B. NO.

658

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to environmental review.

 

 

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

 

      SECTION 1.  The legislature finds that the State's environmental review process under chapter 343, Hawaii Revised Statutes (chapter 343), was designed to evaluate new projects having potential environmental impacts.  However, recent court decisions have broadened the definition of an environmental "action."  The new definition inadvertently includes long‑standing, historically permitted activities in State‑managed areas like ocean recreation management areas, marine life conservation districts, and game management areas.      The legislature recognizes that this unintended expansion jeopardizes law-abiding operations, including commercial boating, and recreational activities that are already regulated under strict administrative rules that are designed to protect Hawaii's natural resources.  The legislature believes that subjecting these activities to additional review under chapter 343 creates redundancies and disrupts compliant operations.      Accordingly, the purpose of this Act is to maintain the State's environmental standards while fostering regulatory efficiency by clarifying the scope of chapter 343 to exclude activities that are already permitted and regulated.      SECTION 2.  Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "action" to read as follows:      ""Action" means any program or project to be initiated by any agency or applicant[.]; provided that the term does not include ongoing or recurring activities that have been lawfully permitted and are governed by applicable administrative rules or management plans within state-managed areas, including ocean recreation management areas, marine life conservation districts, and game management areas."      SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.      SECTION 4.  New statutory material is underscored.      SECTION 5.  This Act shall take effect upon its approval.      INTRODUCED BY:   _____________________________              

     SECTION 1.  The legislature finds that the State's environmental review process under chapter 343, Hawaii Revised Statutes (chapter 343), was designed to evaluate new projects having potential environmental impacts.  However, recent court decisions have broadened the definition of an environmental "action."  The new definition inadvertently includes long‑standing, historically permitted activities in State‑managed areas like ocean recreation management areas, marine life conservation districts, and game management areas.

     The legislature recognizes that this unintended expansion jeopardizes law-abiding operations, including commercial boating, and recreational activities that are already regulated under strict administrative rules that are designed to protect Hawaii's natural resources.  The legislature believes that subjecting these activities to additional review under chapter 343 creates redundancies and disrupts compliant operations.

     Accordingly, the purpose of this Act is to maintain the State's environmental standards while fostering regulatory efficiency by clarifying the scope of chapter 343 to exclude activities that are already permitted and regulated.

     SECTION 2.  Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "action" to read as follows:

     ""Action" means any program or project to be initiated by any agency or applicant[.]; provided that the term does not include ongoing or recurring activities that have been lawfully permitted and are governed by applicable administrative rules or management plans within state-managed areas, including ocean recreation management areas, marine life conservation districts, and game management areas."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY: _____________________________

INTRODUCED BY:

_____________________________

 

 

        Report Title: Environmental Review; Permitted Activities   Description: Clarifies the scope of an action subject to environmental review.       The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 

 

 

Report Title:

Environmental Review; Permitted Activities

 

Description:

Clarifies the scope of an action subject to environmental review.

 

 

 

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