RELATING TO ENVIRONMENTAL ASSESSMENTS.

SB2997

THE SENATE

S.B. NO.

2997

THIRTY-THIRD LEGISLATURE, 2026

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 the city and
county of Honolulu has adopted ordinances and other requirements regarding the
permitting of development projects within special districts, including
Waikiki.
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The legislature further finds it
unnecessary and redundant to require all proposals for any use within the
Waikiki special district to undergo an environmental assessment pursuant to
section 343-5, Hawaii Revised Statutes.

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Accordingly,
the purpose of this Act is to repeal the environmental assessment requirement for
proposals within:

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(1)
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A 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, Hawaii Revised Statutes; or

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(2)
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The Waikiki special district.

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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)
]
(4)
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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)
]
(5)
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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)
]
(6)
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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)
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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)
]
(7)
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Propose any:

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(A)
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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."

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

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SECTION
4.
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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 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Environmental
Assessments; Historic Sites; Waikiki

Description:

Removes
historic sites and the Waikiki special district from the requirement for
environmental assessments under section 343-5, HRS.

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