RELATING TO ENVIRONMENTAL ASSESSMENTS.

HB1476

HOUSE OF REPRESENTATIVES

H.B. NO.

1476

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to environmental assessments
.

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

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SECTION 1.
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The legislature finds that SpaceX is seeking
approval from the Federal Aviation Administration to land experimental rockets
over and in waters surrounding Hawaii.
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No environmental impact statement has been conducted for these specific
types of rockets, called Starships, nor has the impact on Hawaiian marine life,
wildlife, fishing, and cultural resources been assessed.
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The aircraft may break into pieces of debris
upon reentry into the atmosphere or may explode in the ocean.

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In 2014, an environmental impact
statement was conducted by the Federal Aviation Administration,
which was related to the operation of a spaceport
in Boca Chica, Texas, to launch a Falcon 9 rocket.
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Numerous unforeseen SpaceX malfunctions and
accidents in Boca Chica have had a negative impact on the surrounding natural
and human environment.
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As a consequence,
environmental organizations are suing the Federal Aviation Administration over
considering only best-case scenarios in the environmental impact assessment,
rather than a realistic range of scenarios.

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In 2022, a less comprehensive, preliminary
environmental assessment was conducted that assessed launches and landings of Starships
sixty-two nautical miles north of Kauai and west of the
Papahanaumokuakea

national marine monument, with a
debris field if it broke up upon reentry southwest of Kauai.
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T
he biological opinion conducted by the
National Oceanic and Atmospheric Administration and the United States Fish and Wildlife
Service
as part of the preliminary
environmental assessment did not include local consultation as would be
required by a full environmental impact statement and only considered

best-case scenarios
.

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In 2024, SpaceX sought approval for a
landing zone over twenty times larger than its initial request in 2022 and planned
to increase the number of Starship launches and landings from five to twenty-five
per year.
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Given the lack of previous
stakeholder participation, a change in spacecraft type, and the dramatically
expanded area, which is further affected by ocean currents, it is unclear what
the impact will be on Hawaii.

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Accordingly, the purpose of this Act
is to
require an environmental impact statement and consultation with
the office of Hawaiian affairs for actions that propose any launch of a
spacecraft from or reentry of a spacecraft into state waters or the
Papahanaumokuakea marine national monument.

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SECTION
2
.
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Section 343-5,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

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"
(a)
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Except as otherwise provided, an environmental assessment shall be
required for actions that:

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(1)
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Propose
the use of state or county lands or the use of state or county funds, other
than funds to be used for feasibility or planning studies for possible future
programs or projects that the agency has not approved, adopted, or funded, or
funds to be used for the acquisition of unimproved real property; provided that
the agency shall consider environmental factors and available alternatives in
its feasibility or planning studies; provided further that an environmental
assessment for proposed uses under section 205-2(d)(11) or 205-4.5(a)(13) shall
only be required pursuant to section 205-5(b);

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(2)
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Propose
any use within any land classified as a conservation district by the state land
use commission under chapter 205;

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(3)
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Propose
any use within a shoreline area as defined in section 205A-41;

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(4)
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Propose
any use within any historic site as designated in the National Register or
Hawaii Register, as provided for in the Historic Preservation Act of 1966,
Public Law 89-665, or chapter 6E;

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(5)
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Propose
any use within the Waikiki area of Oahu, the boundaries of which are delineated
in the land use ordinance as amended, establishing the "Waikiki Special
District";

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(6)
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Propose
any amendments to existing county general plans where the amendment would
result in designations other than agriculture, conservation, or preservation,
except actions proposing any new county general plan or amendments to any
existing county general plan initiated by a county;

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(7)
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Propose
any reclassification of any land classified as a conservation district by the
state land use commission under chapter 205;

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(8)
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Propose
the construction of new or the expansion or modification of existing helicopter
facilities within the State, that by way of their activities, may affect:

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(A)
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Any
land classified as a conservation district by the state land use commission
under chapter 205;

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(B)
�
A
shoreline area as defined in section 205A-41; or

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(C)
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Any
historic site as designated in the National Register or Hawaii Register, as
provided for in the Historic Preservation Act of 1966, Public Law 89-665, or
chapter 6E; or until the statewide historic places inventory is completed, any
historic site that is found by a field reconnaissance of the area affected by
the helicopter facility and is under consideration for placement on the
National Register or the Hawaii Register of Historic Places; [
and
]

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(9)
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Propose any:

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(A)
�
Wastewater
treatment unit, except an individual wastewater system or a wastewater
treatment unit serving fewer than fifty single-family dwellings or the
equivalent;

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(B)
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Waste-to-energy
facility;

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(C)
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Landfill;

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(D)
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Oil
refinery; or

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(E)
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Power-generating
facility[
.
]
; and

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(10)
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Propose any launch
of a spacecraft from or reentry of a spacecraft into state waters
or the
Papahanaumokuakea
Marine
National Monument
; provided that:

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(A)
�
Such
a proposed action shall be presumed to have a significant effect on the
environment and shall proceed directly to preparation of a draft environmental
impact statement; and

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(B)
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The
applicant for such a proposed action shall consult the office of Hawaiian
affairs during the preparation of a draft environmental impact statement.
"

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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Environmental
Impact Statement; Spacecraft; State Waters; Papahanaumokuakea Marine National
Monument; Office of Hawaiian Affairs

Description:

Requires an environmental impact statement and consultation with
the Office of Hawaiian Affairs for actions that propose any launch of a
spacecraft from or reeintry into state waters or the
Papahanaumokuakea Marine National
Monument
.

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