HB 2334: DOT; National Environmental Policy Act; NEPA Assignment

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 Hawaii 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.

     The purpose of this Act is to authorize 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 provide 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:

     "§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.

     (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.

     (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.

     (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.

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

     (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;

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

     (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.

     (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;

     (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

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

     (h)  Except as provided by this subsection, sovereign immunity to suit in federal court and from liability shall be 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 shall 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."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

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.  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 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:

     "§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.

     (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.

     (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.

     (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.

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

     (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;

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

     (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.

     (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;

     (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

     (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.

     (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."

     SECTION 6.  New statutory material is underscored.

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

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.

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.  588-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2334

      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 Energy & Environmental Protection, to which was referred H.B. No. 2334, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Department of Transportation to assume certain federal environmental review responsibilities under the National Environmental Policy Act of 1969 for transportation projects in the State and grant the Department a limited waiver of sovereign immunity with regard to the compliance, discharge, or enforcement of responsibilities assumed.

     Your Committee received testimony in support of this measure from the Department of Transportation and two individuals.

     Your Committee finds that the National Environmental Policy Act (NEPA) Assignment Program is a federal program that allows state departments of transportation to assume certain federal environmental review responsibilities while remaining fully accountable under federal environmental law, giving state departments greater control over project timelines and improving the efficiency of transportation infrastructure development.  Your Committee notes that many other states successfully operate under the NEPA Assignment Program and believes that allowing the Department of Transportation to participate in the NEPA Assignment Program will streamline the delivery of important transportation projects without sacrificing environmental protections.

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2334, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

STAND. COM. REP. NO.  88-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2334

      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 Transportation, to which was referred H.B. No. 2334 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION ENVIRONMENTAL REVIEW,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Authorize 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; and

     (2)  Provide a limited waiver of sovereign immunity to comply with federal requirements.

     Your Committee received testimony in support of this measure from the Department of Transportation and one individual.

     Your Committee finds that lengthy and duplicative environmental review processes can significantly delay the delivery of critical transportation projects, increasing costs and hindering the timely improvement of highways, transit systems, and multimodal infrastructure.  Allowing the Department of Transportation to assume certain responsibilities under the National Environmental Policy Act of 1969, while still maintaining rigorous environmental standards, will improve coordination, accountability, and efficiency in project delivery without diminishing environmental protections.

     Your Committee notes that, according to the Department of Transportation's testimony, participation in the National Environmental Policy Act Assignment Program will allow for expeditious construction and planning of transportation infrastructure projects in the State.

     Your Committee has amended this measure by:

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

     (2)  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 Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2334, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2334, H.D. 1, and be referred to your Committee on Energy & Environmental Protection.

Respectfully submitted on behalf of the members of the Committee on Transportation,