HB 1823

HOUSE OF REPRESENTATIVES

            SECTION 1.  House Bill No. 1823, H.D. 2, S.D. 2, C.D. 1, section 5, is amended to read as follows:

            "SECTION 5.  This Act shall take effect upon its approval and shall be repealed on June 30, 2030."

SENATE FLOOR AMENDMENT

FLOOR AMENDMENT NO.                                                     Date                                            

TO:     House Bill No. 1823, H.D. 2, S.D. 2, C.D. 1

            SECTION 1.  House Bill No. 1823, H.D. 2, S.D. 2, C.D. 1, section 5, is amended to read as follows:

            "SECTION 5.  This Act shall take effect upon its approval and shall be repealed on June 30, 2030."

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that the Coastal Zone Management Act's permitting framework is intended to regulate special management area development while allowing certain activities to proceed without unnecessary delay.  These activities, expressly excluded from the statutory definition of "development", are not intended to be subject to special management area use permit requirements.

     The legislature also finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for projects that have been determined, under chapter 343, Hawaii Revised Statutes, to be exempt from the preparation of an environmental assessment or to have no significant environmental impact.

     Accordingly, the purpose of this Act is to apply a definition of "development", as it pertains to special management areas, in certain counties of the State to exempt from special management area use permit requirements all activities that are not included in that definition, including certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued.

     SECTION 2.  Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§205A-     Development; certain counties of the State.  (a)  Notwithstanding the definition of "development" under section 205A-22, in counties with a population between one hundred fifty thousand and two hundred thousand, the definition of "development" under subsection (b) shall apply.

     (b)  "Development":

     (1)  Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and

     (2)  Does not include the following and the following should be exempt from special management area use permit requirements:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds;

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

              (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

             (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

            (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  Federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued under chapter 343; provided that for the purposes of this subparagraph, "infrastructure" includes waterlines and water facilities; waste waterlines and wastewater facilities; drainage facilities; electrical, communications, telephone, and cable television utilities; and highway, roadway, bridge, and driveway improvements;

          provided that if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval and shall be repealed on June 30, 2030.

Report Title:

Coastal Zone Management Act; Special Management Area; Permits; Requirements; Development; Excluded Activities; Public Infrastructure and Improvement Projects; Exemption; Certain Counties

Description:

Applies a definition of "development" to special management areas within counties with a population between one hundred fifty thousand and two hundred thousand to exempt from special management area use permit requirements all activities that are not included within the definition, including certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued.  Sunsets 6/30/2030.  (CD2)

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

SENATE FLOOR AMENDMENT

FLOOR AMENDMENT NO.                                                     Date                                            

TO:     House Bill No. 1823, H.D. 2, S.D. 2, C.D. 1

            SECTION 1.  House Bill No. 1823, H.D. 2, S.D. 2, C.D. 1, section 5, is amended to read as follows:

            "SECTION 5.  This Act shall take effect upon its approval and shall be repealed on June 30, 2030."

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that the Coastal Zone Management Act's permitting framework is intended to regulate special management area development while allowing certain activities to proceed without unnecessary delay.  These activities, expressly excluded from the statutory definition of "development", are not intended to be subject to special management area use permit requirements.

     The legislature also finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for projects that have been determined, under chapter 343, Hawaii Revised Statutes, to be exempt from the preparation of an environmental assessment or to have no significant environmental impact.

     Accordingly, the purpose of this Act is to apply a definition of "development", as it pertains to special management areas, in certain counties of the State to exempt from special management area use permit requirements all activities that are not included in that definition, including certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued.

     SECTION 2.  Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§205A-     Development; certain counties of the State.  (a)  Notwithstanding the definition of "development" under section 205A-22, in counties with a population between one hundred fifty thousand and two hundred thousand, the definition of "development" under subsection (b) shall apply.

     (b)  "Development":

     (1)  Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and

     (2)  Does not include the following and the following should be exempt from special management area use permit requirements:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds;

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

              (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

             (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

            (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  Federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued under chapter 343; provided that for the purposes of this subparagraph, "infrastructure" includes waterlines and water facilities; waste waterlines and wastewater facilities; drainage facilities; electrical, communications, telephone, and cable television utilities; and highway, roadway, bridge, and driveway improvements;

          provided that if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  New statutory material is underscored.

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

Report Title:

Coastal Zone Management Act; Special Management Area; Permits; Requirements; Development; Excluded Activities; Public Infrastructure and Improvement Projects; Exemption; Certain Counties

Description:

Applies a definition of "development" to special management areas within counties with a population between one hundred fifty thousand and two hundred thousand to exempt from special management area use permit requirements all activities that are not included within the definition, including certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued.  (CD1)

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

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to temporarily exempt from special management area use permit requirements a state- or county‑funded infrastructure improvement project that is:

     (1)  Exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343; and

     (2)  Within a zone established in Lahaina in the aftermath of the 2023 Maui wildfires that has been designated for reentry by the State or county of Maui as of January 1, 2026, excluding lands owned by or under the control of the State or county of Maui.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and

     (2)  Does not include the following:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

              (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

             (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

            (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  State- or county-funded infrastructure improvement projects that are exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343 and within a zone established in Lahaina in the aftermath of the 2023 Maui wildfires that has been designated for reentry by the State or county of Maui as of January 1, 2026, excluding lands owned by or under the control of the State or county of Maui; provided that:

              (i)  The project is proposed, funded, authorized, or implemented by the State or the county of Maui;

             (ii)  The project is limited to the repair, maintenance, restoration, replacement, enhancement, or new construction of public infrastructure, including waterlines and waste facilities; waste waterlines and wastewater facilities; drainage facilities; and electrical, communications, road, pedestrian, and bicycle multi-modal facilities and improvements;

            (iii)  The project is consistent with the applicable county's community plan, including any regional, district, or community-based plan adopted by ordinance; and

             (iv)  The sponsoring agency issues a written determination of consistency with the applicable county's community plan, including citations to relevant policies or implementation actions supporting the determination;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050, and shall be repealed on June 30, 2029; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Areas; Permitting; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption; Lahaina; Maui Wildfires

Description:

Amends the definition of "development," as it pertains to coastal zone management, to exclude any state- or county-funded infrastructure improvement project that is exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343, HRS.  Applies only to zones established in Lahaina in the aftermath of the 2023 Maui wildfires that have been designated for reentry by the State or County of Maui as of January 1, 2026, excluding lands owned by or under the control of the State or County of Maui.  Effective 7/1/2050.  Sunsets 6/30/2029.  (SD2)

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

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to temporarily exempt from special management area use permit requirements a state- or county-funded infrastructure improvement project that is:

     (1)  Exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343; and

     (2)  Within a zone established in Lahaina in the aftermath of the 2023 Maui wildfires that has been designated for reentry by the State or county of Maui as of January 1, 2026.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and

     (2)  Does not include the following:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

               (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

              (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

             (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  State- or county-funded infrastructure improvement projects that are exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343 and within a zone established in Lahaina in the aftermath of the 2023 Maui wildfires that has been designated for reentry by the State or county of Maui as of January 1, 2026; provided that:

               (i)  The project is proposed, funded, authorized, or implemented by the State or the county of Maui;

              (ii)  The project is limited to the repair, maintenance, restoration, replacement, enhancement, or new construction of public infrastructure, including waterlines and waste facilities; waste waterlines and wastewater facilities; drainage facilities; and electrical, communications, road, pedestrian, and bicycle multi-modal facilities and improvements;

             (iii)  The project is consistent with the applicable county's community plan, including any regional, district, or      community-based plan adopted by ordinance; and

              (iv)  The sponsoring agency issues a written determination of consistency with the applicable county's community plan, including citations to relevant policies or implementation actions supporting the determination;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050, and shall be repealed on June 30, 2029; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Areas; Permitting; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption; Lahaina; Maui Wildfires

Description:

Amends the definition of "development," as it pertains to coastal zone management, to exclude any state- or county-funded infrastructure improvement project that is exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343, HRS.  Applies only to zones established in Lahaina in the aftermath of the 2023 Maui wildfires that have been designated for reentry by the State or county of Maui as of January 1, 2026.  Effective 7/1/2050.  Sunsets 6/30/2029.  (SD1)

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

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that the Coastal Zone Management Act's permitting framework is intended to regulate special management area development while allowing certain activities to proceed without unnecessary delay.  These activities, expressly excluded from the statutory definition of "development", are not intended to be subject to special management area permit requirements.

     The legislature also finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for projects that have been determined, under chapter 343, Hawaii Revised Statutes, to be exempt from the preparation of an environmental assessment or to have no significant environmental impact.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to:

     (1)  Specify that certain activities should be exempt from special management area use permit requirements; and

     (2)  Exempt from special management area use permit requirements certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and

     (2)  Does not include the following[:], and the following should be exempt from special management area use permit requirements:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

              (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

             (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

            (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  Federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued under chapter 343; provided that for the purposes of this subparagraph, "infrastructure" includes waterlines and water facilities; waste waterlines and wastewater facilities; gas lines and gas facilities; drainage facilities; electrical, communications, telephone, and cable television utilities; and highway, roadway, bridge, and driveway improvements;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Area; Permits; Requirements; Development; Excluded Activities; Public Infrastructure and Improvement Projects; Exemption

Description:

Specifies that certain activities should be exempt from special management area use permit requirements.  Exempts federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt form an environmental assessment or for which a finding of no significant impact has been issued.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that the Coastal Zone Management Act's permitting framework is intended to regulate special management area development while allowing certain activities to proceed without unnecessary delay.  These activities, expressly excluded from the statutory definition of "development", are not intended to be subject to special management area permit requirements.

     The legislature also finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to:

     (1)  Clarify that certain activities are excluded from the definition of "development" and are not subject to special management area use permit requirements; and

     (2)  Exempt from special management area use permit requirements state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any [of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and]

          use, activity, or structure, whether temporary or permanent, on land or in the water within the special management area that is placed, erected, or modified; and

     (2)  Does not include the following[:], and the following shall be exempt from special management area use permit requirements:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko i`a, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

              (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

             (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

            (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  Federal- , state- , or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or determined as finding of no significant impact under chapter 343; provided that "infrastructure" as used in this subparagraph includes waterlines and water facilities; waste waterlines and wastewater facilities; gas lines and gas facilities; drainage facilities; electrical, communications, telephone, and cable television utilities; and highway, roadway, bridge, and driveway improvements;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Area; Permits; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption

Description:

Amends the definition of "development," as it pertains to coastal zone management, to clarify that certain activities are excluded from the definition of "development" and are not subject to special management area use permit requirements and to exempt state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

Relating to the Coastal Zone Management Act.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that the Coastal Zone Management Act's permitting framework is intended to regulate special management area development while allowing certain activities to proceed without unnecessary delay.  These activities, expressly excluded from the statutory definition of "development", are not intended to be subject to special management area application requirements.

     The legislature also finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to:

     (1)  Clarify that certain activities are excluded from the definition of "development" and are not subject to special management area permit applications; and

     (2)  Exempt from special management area use permit requirements state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any [of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and]

          use, activity, or structure, whether temporary or permanent, on land or in the water within the shoreline area that is placed, erected, or modified; and

     (2)  Does not include the following[:], and the following shall not be subject to special management area use permit requirements:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko i`a, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

              (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

             (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

            (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  State- or county-sponsored infrastructure improvement projects; provided that:

              (i)  The project is proposed, funded, authorized, or implemented by the State or a county of the State;

             (ii)  The project is limited to the repair, maintenance, restoration, replacement, enhancement, or new construction of public infrastructure, including roads and bridges; water, wastewater, drainage, and stormwater management facilities; flood control, erosion control, and coastal resilience projects; public facilities; and public utility systems;

            (iii)  The project is consistent with the applicable county's community plan, including any regional, district, or community-based plan adopted by ordinance; and

             (iv)  The sponsoring agency issues a written determination of consistency with the applicable county's community plan, including citations to relevant policies or implementation actions supporting the determination;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to  section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Areas; Permitting; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption

Description:

Amends the definition of "development," as it pertains to coastal zone management, to clarify that certain activities are excluded from the definition of "development" and are not subject to special management area permit requirements and to exempt state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

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

STAND. COM. REP. NO.  1191-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1823

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1823, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COASTAL ZONE MANAGEMENT ACT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify that certain activities are excluded from the definition of "development" and are not subject to special management area use permit applications; and

     (2)  Exempt from special management area use permit requirements certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a funding of no significant impact has been issued.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui; two members of the Maui County Council; Planning Department of the County of Hawaiʻi; Department of Design and Construction of the City and County of Honolulu; Grassroot Institute of Hawaii; and Hawaiʻi Food+ Policy.  Your Committee received testimony in opposition to this measure from one member of the Maui County Council; Hawaiʻi Reef and Ocean Coalition; Environmental Caucus of the Democratic Party of Hawaiʻi; Sierra Club of Hawaiʻi; Kūpuna for the Moʻopuna; Free Access Coalition; Shimanchu Mamuyaa; Hawaii's Thousand Friends; Hanalei Watershed Hui; Kauai Climate Action; Surfrider Foundation Hawaiʻi Region; Green Party of Hawaiʻi; Earthjustice;  and numerous individuals.  Your Committee received comments on this measure from the Office of Planning and Sustainable Development.

     Your Committee finds that streamlining the delivery of essential public infrastructure through a targeted exemption for certain development activities and federal-, state-, or county-funded infrastructure improvement projects from special management area permit requirements will accelerate the delivery of these critical activities and projects and lower their associated cost.

     Your Committee has amended this measure by:

     (1)  Reinstating the existing definition of "development", except for what the term excludes;

     (2)  Clarifying that certain activities should be exempt from special management area use permit requirements, rather than requiring those activities to be exempt; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1823, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1823, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  242-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1823

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1823 entitled:

"A BILL FOR AN ACT RELATING TO THE COASTAL ZONE MANAGEMENT ACT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify that certain activities are excluded from the definition of "development" and are not subject to special management area use permit applications; and

     (2)  Exempt from special management area use permit requirements state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui and Grassroot Institute of Hawaii.  Your Committee received testimony in opposition to this measure from two individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources; Office of Planning and Sustainable Development; and Hawaiʻi Food+ Policy.

     Your Committee finds that this measure could speed up the delivery of critical infrastructure projects and lower the costs associated with those projects.  Specifically, this measure would exempt certain federal- , state- , or county-funded, authorized, or implemented infrastructure and improvement projects, such as roads, bridges, wastewater facilities, and drainage facilities, from special management area use permit requirements.

     Your Committee has amended this measure by:

     (1)  Further amending the definition of "development";

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1823, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1823, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,