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HB1979
HOUSE OF REPRESENTATIVES
H.B. NO.
1979
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to ENVIRONMENTAL REVIEW
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 343-7, Hawaii Revised Statutes, is
amended to read as follows:
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"
�
343-7
�
Limitation of actions[
.
]
; attorneys'
fees.
�
(a)
�
Any judicial proceeding, the subject of which
is the lack of assessment required under section 343-5, shall be initiated
within one hundred twenty days of the agency's decision to carry out or approve
the action[
, or, if
]
; provided that if the judicial proceeding
involves the lack of an assessment required under section 343-5 for an action
that proposes the use of land for, or construction of, an affordable housing project
or clean energy project, the proceeding shall be initiated within thirty days
of the agency's decision to carry out or approve the action.
�
If
a proposed action is undertaken
without a formal determination by the agency that a statement is or is not
required, a judicial proceeding shall be instituted within one hundred twenty
days after the proposed action is started[
.
]
; provided that if the proposed
action is for the use of land for, or construction of, an affordable housing or
clean energy project, the judicial proceeding shall be instituted within thirty
days after the proposed action is started.
�
The office, any agency responsible for approval of the action, or the
applicant shall be adjudged an aggrieved party for the purposes of bringing
judicial action under this subsection.
�
Others, by environmental court action, may be adjudged aggrieved.
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(b)
�
A
ny judicial proceeding, the subject
of which is the determination that a statement is required for a proposed
action, shall be initiated within sixty days after the public has been informed
of such determination pursuant to section 343-3.
�
Any judicial proceeding, the subject of which
is the determination that a statement is not required for a proposed action,
shall be initiated within thirty days after the public has been informed of
such determination pursuant to section 343-3.
�
The applicant shall be adjudged an aggrieved party for the purposes of
bringing judicial action under this subsection.
�
Others, by environmental court action, may be adjudged aggrieved.
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(c)
�
Any judicial proceeding, the subject of which is the acceptance or
nonacceptance of an environmental impact statement required under section
343-5, shall be initiated within sixty days after the public has been informed
pursuant to section 343-3 of the acceptance or nonacceptance of such statement[
.
]
;
provided that if the subject of the judicial proceeding is the acceptance or
nonacceptance of a statement for an action that proposes
the use
of land for, or construction of,
an
affordable housing project or clean energy project, the proceeding shall be
initiated within thirty days after the public has been informed pursuant to
section 343-3 of the acceptance or nonacceptance of the statement.
�
Affected agencies and persons who provided written comment to an
accepted statement during the designated review period shall be adjudged
aggrieved parties for the purpose of bringing judicial action under this subsection;
provided that for aggrieved parties, the contestable issues shall be limited to
issues identified and discussed in the written comment, and for applicants
bringing judicial action under this section on the nonacceptance of a
statement, the contestable issues shall be limited to those issues identified
by the accepting authority as the basis for nonacceptance of the statement.
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(d)
�
Any judicial proceeding initiated pursuant to
this section that involves
an
action that proposes
the use of land for, or construction of, an
affordable housing or clean energy project shall be filed directly with the
supreme court, which shall have original jurisdiction over the proceeding.
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(e)
�
The supreme court shall be prohibited from
awarding attorneys' fees in a judicial proceeding initiated pursuant to this
section that involves
an
action that proposes
the use of land for, or construction of, an affordable
housing project or clean energy project.
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(f)
�
For the purposes of this section:
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"Affordable
housing project" means a housing project:
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(1)
�
As defined by the controlling law or
ordinance governing a state or county agency proposing or approving an
affordable housing project;
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(2)
�
In which the owner has executed a
declaration of restrictive covenants or other legally binding agreement that
ensures compliance with county affordable housing ordinances;
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(3)
�
Under county jurisdiction pursuant to
section 46-15.1 or that is subject to any county ordinance or funding that has
an income restriction requirement; or
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(4)
�
In which the acquisition, financing,
construction, development, redevelopment, repair, renovation, and occupancy has
been directly facilitated by a state or county program.
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"Clean
energy project" means a project, facility, or installation that is
primarily for the purpose of generating or producing energy using the following
sources:
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(1)
�
Wind;
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(2)
�
Sun;
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(3)
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Falling water;
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(4)
�
Geothermal; and
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(5)
�
Ocean water, currents, and waves, including
ocean thermal energy conversion.
"
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SECTION 2.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 3.
�
This Act shall
take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Environmental
Review; Clean Energy Projects; Affordable Housing Projects; Judicial
Proceedings; Supreme Court; Attorneys' Fees
Description:
Shortens
the period within which certain judicial proceedings involving environmental assessments
and environmental impact statements for actions that propose
the use of
land for, or construction of,
affordable
housing or clean energy projects must be initiated.
�
Requires judicial proceedings involving actions
that propose
the use of land for, or construction of,
affordable housing or clean energy
projects to be filed directly with the Supreme Court and prohibits the Supreme
Court from awarding attorneys' fees in these judicial proceedings.
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