SB 2322: Environmental Assessment; Environmental Impact Statement; Requirement; Significant Historic Properties; Traditional Cultural Properties or Places

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL ASSESSMENTS.

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

     SECTION 1.  Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise provided, an environmental assessment shall be required for actions that:

     (1)  Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205‑2(d)(11) or 205-4.5(a)(13) shall only be required pursuant to section 205-5(b);

     (2)  Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

     (3)  Propose any use within a shoreline area as defined in section 205A-41;

     (4)  Propose any use within any historic [site as] property:

          (A)  As designated in the Hawaii or National Register [or Hawaii Register,] of Historic Places, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

          (B)  That has important value to the native Hawaiian people or to another ethnic group of the State due to associations with cultural practices once carried out, or still carried out, at the property or due to associations with traditional beliefs, events, or oral accounts, these associations being important to the group's history and cultural identity; or

          (C)  Determined to be eligible as a traditional cultural property or place on the National Register of Historic Places;

     (5)  Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

     (6)  Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

     (7)  Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

     (8)  Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

          (A)  Any land classified as a conservation district by the state land use commission under chapter 205;

          (B)  A shoreline area as defined in section 205A-41; or

          (C)  Any historic site as designated in the Hawaii or National Register [or Hawaii Register,] of Historic Places, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the Hawaii or National Register [or the Hawaii Register] of Historic Places; and

     (9)  Propose any:

          (A)  Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

          (B)  Waste-to-energy facility;

          (C)  Landfill;

          (D)  Oil refinery; or

          (E)  Power-generating facility."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

Environmental Assessment; Environmental Impact Statement; Requirement; Significant Historic Properties; Traditional Cultural Properties or Places

Description:

Requires that an environmental assessment be conducted and an environmental impact statement be prepared for any proposed use within historic properties designated by the Hawaii or National Register of Historic Places, important to native Hawaiian people or to another ethnic group of the State, or determined to be eligible as a traditional cultural property or place on the National Register of Historic Places.  Effective 7/1/2050.  (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 environmental assessments.

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

     SECTION 1.  Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise provided, an environmental assessment shall be required for actions that:

     (1)  Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205-2(d)(11) or 205-4.5(a)(13) shall only be required pursuant to section 205-5(b);

     (2)  Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

     (3)  Propose any use within a shoreline area as defined in section 205A-41;

     (4)  Propose any use within any historic [site]:

          (A)  Site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

          (B)  Property considered significant pursuant to section 284-6(b)(5), chapter 13, of the Hawaii administrative rules; or

          (C)  Property recognized as a traditional cultural property by the state historic preservation division pursuant to section 6E-42;

     (5)  Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

     (6)  Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

     (7)  Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

     (8)  Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

          (A)  Any land classified as a conservation district by the state land use commission under chapter 205;

          (B)  A shoreline area as defined in section 205A-41; or

          (C)  Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; and

     (9)  Propose any:

          (A)  Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

          (B)  Waste-to-energy facility;

          (C)  Landfill;

          (D)  Oil refinery; or

          (E)  Power-generating facility."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Environmental Assessment; Environmental Impact Statement; Requirement; Significant Historic Properties; Traditional Cultural Properties

Description:

Requires that an environmental assessment be conducted and an environmental impact statement be prepared for any proposed use within historic properties considered significant or recognized as a traditional cultural property.

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. 2985

Honolulu, Hawaii

RE:     S.B. No. 2322

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2322, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL ASSESSMENTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to require that an environmental assessment be conducted and an environmental impact statement be prepared for any proposed use within historic properties designated by the Hawaii or National Register of Historic Places, important to native Hawaiian people or to another ethnic group of the State, or determined to be eligible as a traditional cultural property or place on the National Register of Historic Places.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs and two individuals.

     Your Committee received comments on this measure from the Department of Land and Natural Resources and Office of Planning and Sustainable Development.

     Your Committee finds that there is currently a misalignment between the statutory text triggering environmental assessments for historic properties and how properties are evaluated for significance under the federal and state historic preservation review process.  This inconsistency stems from a failure of statutory language to keep pace with updates to state and federal preservation frameworks, which have been modernized to better address places of deep cultural importance to Native Hawaiians and other communities.  This measure aligns the state environmental review law with modern preservation standards to ensure culturally significant places are properly recognized and protected during the development of properties.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2322, S.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 2620

Honolulu, Hawaii

RE:     S.B. No. 2322

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Water, Land, Culture and the Arts and Agriculture and Environment, to which was referred S.B. No. 2322 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL ASSESSMENTS,"

beg leave to report as follows:

     The purpose and intent of this measure is to require that an environmental assessment be conducted and an environmental impact statement be prepared for any proposed use within historic properties considered significant or recognized as a traditional cultural property.

     Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs.

     Your Committees received comments on this measure from the Department of Land and Natural Resources and Office of Planning and Sustainable Development.

     Your Committees find that the State needs to consider historic sites when developing and executing projects and adapt its environmental review process by focusing efforts on evaluating impacts to significant historic sites.  Existing law triggers the State's environmental review process for historic sites only when they are designated in the National or Hawaii Register of Historic Places.  This measure would expand protection and accountability for historically and culturally significant sites in the State by augmenting which sites may trigger the environmental review process.

     Your Committees note the concern raised in testimony by the Department of Land and Natural Resources that the identification of historic sites referenced within the proposed language of this measure are repetitive and found in additional locations within the Hawaii Administrative Rules and chapter 6E, Hawaii Revised Statutes.  Your Committees also note the concern raised in testimony by the Office of Hawaiian Affairs that certain terms used in this measure do not align with applicable state administrative rules and federal law.  Amendments to this measure are therefore necessary to address these concerns.

     Accordingly, your Committees have amended this measure by:

     (1)  Replacing the term "historic site" with "historic property" to correspond with chapter 6E, Hawaii Revised Statues;

     (2)  Deleting language that would have required an environmental assessment for actions that propose any use within any historic property considered significant pursuant to section 284-6(b)(5), chapter 13, of the Hawaii Administrative Rules;

     (3)  Inserting language that requires an environmental assessment for actions that propose any use within a historic property that has important value to the native Hawaiian people or to another ethnic group of the State due to associations with cultural practices once carried out, or still carried out, at the property or due to association with traditional beliefs, events, or oral accounts, these associations being important to the group's history and cultural identity;

     (4)  Deleting language that would have required an environmental assessment for actions that propose any use within any historic property recognized as a traditional cultural property by the State Historic Division pursuant to section 6E-42, Hawaii Revised Statutes;

     (5)  Inserting language that requires an environmental assessment for actions that propose any use within any historic property determined to be eligible as a traditional cultural property or place on the National Register of Historic Places;

     (6)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Water, Land, Culture and the Arts and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2322, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2322, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water, Land, Culture and the Arts and Agriculture and Environment,