RELATING TO PUBLIC TRUST RESOURCES.

HB2230

HOUSE OF REPRESENTATIVES

H.B. NO.

2230

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to public trust resources
.

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 the State holds
all public natural resources in trust for the benefit of present and future
generations pursuant to article XI, section 1, and article XI, section 7, of
the Hawaii State Constitution.
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The
Hawaii supreme court has affirmed that this public trust is a constitutional
mandate that requires the State to prioritize the protection and conservation
of resources.

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The
legislature further finds that while various court decisions have recognized
the prioritization of certain uses over other uses for public trust resources,
a policy has not been uniformly codified for all resources and areas
administered by the department of land and natural resources.
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This lack of legal clarity has led to
inconsistent management, prolonged litigation, and the degradation of public
trust resources.

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The
legislature recognizes the governor's proclamation declaring 2026 as the
"Year of Our Coastal Kuleana", affirming the State's responsibility
to steward Hawai
ʻ
i's
coastal and marine resources, a declaration which prioritizes public trust
resource protection.

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The
purpose of this Act is to require the department of land and natural resources
to adopt administrative rules that establish a hierarchy of duty to guide
management decisions in accordance with the department's role as a fiduciary
trustee of public trust resources.

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SECTION
2.
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Chapter 171, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

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"
�171-
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Hierarchy of duty for public trust
resources.
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(a)
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In administering, managing, regulating, or permitting the use of public
trust resources, the department shall adhere to the following hierarchy of
duty, listed in order of priority:

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(1)
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Duty 1 � resource protection:
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Preservation, protection, and restoration of
the natural environment, including ecosystems, watersheds, coastal areas,
marine resources, biodiversity, and ecological processes.
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This duty is mandatory and non-discretionary
and shall supersede all other uses.
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Any
action that would cause significant degradation of a public trust resource
shall be prohibited;

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(2)
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Duty 2 � public and cultural uses:
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Cultural uses, including Native Hawaiian
traditional and customary practices exercised for subsistence, cultural,
religious, and customary purposes consistent with article XII, section 7, of
the Hawaii State Constitution.
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Uses that
directly serve the public interest, including subsistence gathering and other
non-commercial uses conducted in accordance with applicable laws and rules, and
non-commercial recreational activities; provided that such activities are
compatible with resource protection, public safety, and the sustainability of
public trust resources; and

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(3)
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Duty 3 � commercial uses:
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Commercial or for-profit activities that
utilize public trust resources or public lands or waters.
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Commercial uses may be permitted only when:

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(A)
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The department affirmatively determines
that a surplus of ecological and social carrying capacity exists;

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(B)
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Feasibility studies, environmental review,
and best available science demonstrate that the activity will not impair
higher-priority duties; and

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(C)
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The use provides a clear public benefit and
is consistent with long-term sustainability of the resource.

The burden of proof shall rest with the applicant
or committee to demonstrate compliance with this hierarchy of duty.

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(b)
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The hierarchy of duty established under this section
shall apply to all permits, leases, licenses, easements, renewals, amendments,
and approvals issued or administered by the department.
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Any existing authorization that is renewed or
materially amended after the effective date of this Act shall be subject to the
requirements of this section.

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(c)
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Failure to comply with the hierarchy of duty
established under this section shall constitute grounds for denial, revocation,
or modification of any permit or authorization.

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(d)
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Nothing in this section shall be construed to
diminish or limit any constitutional protections, including Native Hawaiian
rights or the State's fiduciary obligations under the public trust doctrine.

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(e)
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The department shall adopt rules pursuant to
chapter 91 to implement this section.
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The rules shall:

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(1)
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Establish clear standards and criteria for
determining compliance with each level of the hierarchy of duty;

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(2)
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Require the use of best available science,
traditional ecological knowledge, and Ka Pa
ʻ
akai analysis;

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(3)
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Provide procedures for evaluating
cumulative impacts and long-term sustainability; and

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(4)
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Ensure meaningful public participation,
including consultation with Native Hawaiian practitioners.
"

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SECTION
3.
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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:

DLNR; Public
Trust Resources; Public Trust Doctrine; Hierarchy of Duty

Description:

Establishes
a hierarchy of duty for public trust resources to be applicable to the
decisions made by the Department of Land and Natural Resources in the
management of the State's public natural resources.

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