SB3154 • 2026

RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: KOUCHI (Introduced by request of another party)
Last action: 2026-05-07
Official status: Enrolled to Governor.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.

What This Bill Does

RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
DOT; National Environmental Policy Act; NEPA Assignment Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews.
Provides a limited waiver of sovereign immunity to comply with federal requirements.
(CD1)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CD1

Hawaii published version CD1

Plain English: SB3154 CD1 THE SENATE S.B.

SB3154 CD1 THE SENATE S.B.
NO.
3154 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII H.D.

HD1

Hawaii published version HD1

Plain English: SB3154 HD1 THE SENATE S.B.

SB3154 HD1 THE SENATE S.B.
NO.
3154 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII H.D.

HD2

Hawaii published version HD2

Plain English: SB3154 HD2 THE SENATE S.B.

SB3154 HD2 THE SENATE S.B.
NO.
3154 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB3154 SD1 THE SENATE S.B.

SB3154 SD1 THE SENATE S.B.
NO.
3154 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.

SD2

Hawaii published version SD2

Plain English: SB3154 SD2 THE SENATE S.B.

SB3154 SD2 THE SENATE S.B.
NO.
3154 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.

Bill History

2026-05-08 S
Received notice of passage on Final Reading in House (Hse. Com. No. 888).
2026-05-07 S
Enrolled to Governor.
2026-05-06 H
Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Cochran, Iwamoto voting no (2) and none excused (0).
2026-05-05 H
Received notice of Final Reading (Sen. Com. No. 814).
2026-05-01 S
Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Fukunaga).
2026-05-01 H
Deferred one day 05-06-26.
2026-04-29 H
Forty-eight (48) hours notice Friday, 05-01-26.
2026-04-29 H
Reported from Conference Committee (Conf Com. Rep. No. 23-26) as amended in (CD 1).
2026-04-29 S
48 Hrs. Notice (as amended CD 1) 05-01-26.
2026-04-29 S
Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 23-26).
2026-04-24 H
The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Kila, Lowen, Tarnas; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Muraoka.
2026-04-24 S
The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Inouye, Gabbard, Rhoads, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-04-22 S
Conference committee meeting scheduled for 04-24-26 9:30AM; CR 329.
2026-04-21 H
Received notice of Senate conferees (Sen. Com. No. 718).
2026-04-21 S
Senate Conferees Appointed: Inouye Chair; Gabbard, Rhoads Co-Chairs; DeCorte.
2026-04-20 S
Received notice of appointment of House conferees (Hse. Com. No. 787).
2026-04-20 H
House Conferees Appointed: Kila, Lowen, Tarnas Co-Chairs; Muraoka.
2026-04-16 H
Received notice of disagreement (Sen. Com. No. 710).
2026-04-16 S
Senate disagrees with House amendments.
2026-04-16 S
Received from House (Hse. Com. No. 756).
2026-04-14 H
Passed Third Reading as amended in HD 2 with Representative(s) Cochran, Garcia, Poepoe voting aye with reservations; Representative(s) Iwamoto voting no (1) and none excused (0). Transmitted to Senate.
2026-04-10 H
Deferred one day 04-14-26.
2026-04-08 H
Forty-eight (48) hours notice Friday, 04-10-26.
2026-04-08 H
Reported from JHA (Stand. Com. Rep. No. 1826-26) as amended in HD 2, recommending passage on Third Reading.
2026-04-02 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: Representative(s) Cochran; Noes: none; and 2 Excused: Representative(s) Belatti, Sayama.
2026-03-31 H
Bill scheduled to be heard by JHA on Thursday, 04-02-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-03-30 H
Report adopted; referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).
2026-03-30 H
Reported from EEP (Stand. Com. Rep. No. 1437-26), recommending referral to JHA.
2026-03-24 H
The committee on EEP recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 5 Ayes: Representative(s) Lowen, Perruso, Chun, Kusch, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Kahaloa, Quinlan.
2026-03-20 H
Bill scheduled to be heard by EEP on Tuesday, 03-24-26 10:00AM in House conference room 325 VIA VIDEOCONFERENCE.
2026-03-19 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on EEP with none voting aye with reservations; none voting no (0) and none excused (0).
2026-03-19 H
Reported from TRN (Stand. Com. Rep. No. 1229-26) as amended in HD 1, recommending passage on Second Reading and referral to EEP.
2026-03-17 H
The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Kila, Miyake, Cochran, Evslin, Grandinetti, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: none; Noes: none; and Excused: none.
2026-03-12 H
Bill scheduled to be heard by TRN on Tuesday, 03-17-26 9:30AM in House conference room 430 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to TRN, EEP, JHA, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 372) in amended form (SD 2).
2026-03-10 S
Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-03-06 S
48 Hrs. Notice 03-10-26.
2026-03-06 S
Reported from JDC (Stand. Com. Rep. No. 3050) with recommendation of passage on Third Reading, as amended (SD 2).
2026-03-05 S
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-02-25 S
The committee(s) on JDC will hold a public decision making on 03-05-26 10:01AM; Conference Room 016 & Videoconference.
2026-02-18 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-02-18 S
Reported from TRS/AEN (Stand. Com. Rep. No. 2323) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-02-13 S
The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 5 Aye(s): Senator(s) Gabbard, Richards, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-02-13 S
The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TRS were as follows: 3 Aye(s): Senator(s) Inouye, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Elefante, Lee, C..
2026-02-10 S
The committee(s) on TRS/AEN has scheduled a public hearing on 02-13-26 3:00PM; Conference Room 224 & Videoconference.
2026-02-02 S
Referred to TRS/AEN, JDC.
2026-01-28 S
Passed First Reading.
2026-01-28 S
Introduced.
2026-01-26 S
Pending Introduction.

Official Summary Text

RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.
DOT; National Environmental Policy Act; NEPA Assignment
Authorizes the Department of Transportation to assume responsibilities under the National Environmental Policy Act of 1969 for highway projects, as well as railroad, public transportation, or multimodal projects within the State, allowing streamlined environmental reviews. Provides a limited waiver of sovereign immunity to comply with federal requirements. (CD1)

Current Bill Text

Read the full stored bill text

SB3154

THE SENATE

S.B. NO.

3154

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW.

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

����
SECTION 1.
�
The
legislature finds that enabling the department of transportation to assume
certain federal environmental review responsibilities under the National
Environmental Policy Act of 1969 for highway projects, as well as railroad,
public transportation, or multimodal projects within the State, will streamline
project delivery while maintaining environmental protections.
�
This Act authorizes the department to
participate in the National Environmental Policy Act Assignment Program under
title 23 United States Code sections 326 and 327, similar to the Texas
Department of Transportation authorizing statute, and provides a limited waiver
of sovereign immunity to comply with federal requirements for participation in
the Program.

����
SECTION 2.
�

Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

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"
�26-19
�
Department of transportation.
�
(a)
�
The department of transportation shall be
headed by a single executive to be known as the director of transportation.
�
The department shall establish, maintain, and
operate transportation facilities of the State, including highways, airports,
harbors, and any other transportation facilities and activities as may be
authorized by law.

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(b)
�
The department shall plan, develop, promote,
and coordinate various transportation systems management programs that shall
include but not be limited to alternate work and school hours programs,
bicycling programs, and ridesharing programs.

����
(c)
�
The department shall develop and promote
ridesharing programs that shall include but not be limited to carpool and
vanpool programs, and may assist organizations interested in promoting similar
programs, arrange for contracts with private organizations to manage and
operate these programs, and assist in the formulation of ridesharing
arrangements.
�
Ridesharing programs
include informal arrangements in which two or more persons ride together in a
motor vehicle.

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(d)
�
The functions and authority heretofore
exercised by the department of public works with respect to highways are
transferred to the department of transportation established by this chapter.

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(e)
�
On July 1, 1961, the Hawaii aeronautics
commission, the board of harbor commissioners and the highway commission shall
be abolished and their remaining functions, duties, and powers shall be
transferred to the department of transportation.

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(f)
�
Notwithstanding any law to the contrary, the
department of transportation may:

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(1)
�
Acquire,
or contract to acquire, by grant or purchase any real, personal, or mixed
property or any interest therein for immediate or future use for the purposes
of:

���������
(A)
�
Climate
mitigation and adaptation;

���������
(B)
�
Noise
and visual buffer zones and barriers;

���������
(C)
�
Transportation
projects pursuant to section 264-142;

���������
(D)
�
This
section; or

���������
(E)
�
Title
15;

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(2)
�
Own,
hold, improve, and rehabilitate any real, personal, or mixed property acquired
pursuant to this subsection; and

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(3)
�
Sell,
assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber
any real, personal, or mixed property acquired pursuant to this subsection.
�
Upon making a finding that it is necessary to
acquire any real property for immediate or future use for the purposes of this
section or title 15, the department of transportation may acquire the property
by condemnation pursuant to chapter 101; provided that the property shall not
thereafter be acquired for any other public use without the consent of the
department of transportation; provided that for the purposes of this
subsection, the director of transportation shall be authorized to exercise all
the powers vested in the board of land and natural resources for functions
subject to chapter 171; provided further that if state lands, other than public
lands, under the control and management of another department or agency are
required by the department of transportation for the purposes of this section
or title 15, the department or agency having control and management of the
required lands shall, upon a request by the department of transportation and
with the approval of the governor, transfer title to or lease those lands to
the department of transportation under terms and conditions as may be agreed to
by the parties.

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(g)
�

The department may assume responsibilities of the United States
Department of Transportation with respect to duties under the National
Environmental Policy Act of 1969 (42 U.S.C. �4321 et seq.) and with respect to
duties under other federal environmental laws as they apply to designated
transportation projects.
�
The department
may:

����
(1)
�
Assume
responsibilities under title 23 United States Code sections 326 and 327;

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(2)
�
Enter
into one or more agreements, including memoranda of understanding, with the
United States Secretary of Transportation related to:

���������
(A)
�
Designating categorical exclusions from federally required
environmental assessments or impact statements for transportation projects as
provided by title 23 United States Code section 326; or

���������
(B)
�
The
federal surface transportation project delivery program for the delivery of
transportation projects, including highway, railroad, public transportation,
and multimodal projects as provided by title 23 United States Code section 327;
and

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(3)
�
Adopt
rules pursuant to chapter 91 to implement this subsection and adopt relevant
federal environmental standards as the standards for this State for a program
described in this subsection.

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(h)
�
Except as
provided below, sovereign immunity to suit in federal court and from liability
is waived and abolished with regard to the compliance, discharge, or
enforcement of a responsibility assumed by the department under subsection (g).
�
The waiver under this subsection does not
create liability for the department that exceeds the liability created under
title 23 United States Code section 326 or 327 and shall only be valid if:

����
(1)
�
The
department executes a memorandum of understanding with the United States
Department of Transportation accepting the jurisdiction of the federal courts
as required by title 23 United States Code sections 326(c) and 327(c);

����
(2)
�
The act or
omission that is the subject of the lawsuit arises out of compliance,
discharge, or enforcement of responsibilities assumed by the department
pursuant to title 23 United States Code sections 326 and 327; and

����
(3)
�
The
memorandum of understanding is in effect when the act or omission that is the
subject of the federal lawsuit occurred.
"

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SECTION 6.
�
New statutory
material is underscored.

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SECTION 7.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

____________________________

BY REQUEST

Report Title:

DOT; National Environmental Policy Act; NEPA Assignment

Description:

Authorizes the Department of Transportation to assume
responsibilities under the National Environmental Policy Act of 1969 for highway
projects, as well as railroad, public transportation, or multimodal projects
within the State, allowing streamlined environmental reviews.
�
Provides a limited waiver of sovereign
immunity to comply with federal requirements under 23 U.S.C. ��326 and 327.

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